Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 7-15-2003 by L.L. No. 2-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Secondhand dealers — See Ch. 163A.

§ 150-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
HAWKER and PEDDLER
Except as hereinafter expressly provided, any person, either principal or agent, who, from any public street or public place or by going from house to house or place of business to place of business, on foot or on or from any vehicle, sells or barters, offers for sale or barters or carries or exposes for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except milk, water and newspapers.
SOLICITOR
Any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers or milk) or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall, however, also mean and include any person requesting funds for any cause whatsoever.

§ 150-2 Applicability; certificate of compliance for exemptions.

A. 
Nothing in this chapter shall be held to apply to:
(1) 
Any sales conducted pursuant to statute or by order of any court.
(2) 
Any person selling personal property at wholesale to dealers in such articles.
(3) 
The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
(4) 
Any honorably discharged member of the armed forces who is physically disabled as a result of the injuries received while in the service of said armed forces and the holder of a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York, as amended or changed.
B. 
Exempt organizations.
(1) 
Nonprofit organizations. Nonprofit organizations and persons working for such organizations shall be exempt from the requirement of procuring a license. However, such organizations shall be subject to the application fee and shall register annually by the application process with the Town Clerk in the event that they plan to engage in vending, hawking, peddling or soliciting and shall indicate the type of activities to be undertaken and the time when they will be performed. At the time of application, such organizations shall also offer proof of their nonprofit status as being organized under Section 501C(3) of the Internal Revenue Code of 1986, as amended, and that such organizations maintain a chapter or local organization within Monroe County. Proof should be submitted in the form of evidence of nonprofit filing from the Department of State in the state in which the organization has incorporated.
(2) 
Children's, veteran and fraternal organizations. A child residing in the Town and regularly attending any public school district or parochial or private school located, in whole or in part, within the County of Monroe or a member of a veterans organization or fraternal organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within Monroe County, is exempt from the provisions of this chapter, provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which he or she is a member or of the school which he or she attends.
(3) 
Veterans. Any honorably discharged member of the armed forces who is a resident of this state and a veteran of any war, or who shall have served in the armed forces of the United States overseas, and the surviving spouse of any said veteran are exempt from the application and license fees.
C. 
Interstate commerce. This chapter shall not apply so as to unlawfully interfere with interstate commerce.
D. 
Certificate of compliance for exemptions. When the applicant shall have established to the satisfaction of the Town Clerk that he or she is entitled to one or more of the above exemptions, the Town Clerk shall issue to him or her a certificate of compliance stating, among other things, that such person has complied with the requirements of this section. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. All certificates issued pursuant to this chapter shall be issued for a period not to exceed one year, nor a shorter term than three months, but in any event shall expire on the 31st day of December following the date of issuance. The securing of any such certificate by fraud or misrepresentation by any person not in fact entitled to one or more exemptions shall constitute a violation of this chapter.

§ 150-3 License required.

It shall be unlawful for any person within the corporate limits of the Town to act as a hawker, peddler or solicitor as herein defined or assist the same without first having obtained and paid for and having in force and effect a license therefor.

§ 150-4 Application fee.

A nonrefundable application fee must be submitted to the Town Clerk prior to receiving an application for a license. Said fee shall be established from time to time by resolution of the Town Board. All funds are to be cash, certified check, money order or credit card.

§ 150-5 License application.

A. 
Any person desiring to procure a license as herein provided is required to furnish the appropriate application fee and file a written application upon a form furnished by the Town Clerk. Along with submission of the written application, the applicant must obtain a police background check of each person to be soliciting within the Town. The police check must be made at the applicant's expense, must be obtained from the town or city where each solicitor resides and be personally provided to the Town Clerk's office. Such application shall be given to the Town Clerk at least two weeks in advance of the first day of solicitation and shall contain the following information:
(1) 
The quantity of vehicles and the vehicle identification number, copy of the vehicle registration, plate number, model and make of each vehicle to be used by the applicant in carrying on the business for which the license is desired.
(2) 
The kind of goods, wares and merchandise he or she desires to sell or the kind of service he or she desires to perform.
(3) 
The method of distribution.
(4) 
The name, permanent business address, business telephone number and age of the applicant.
(5) 
Whether or not the applicant and each solicitor associated therewith have been convicted of a misdemeanor or felony and, if so, give the date of conviction, the nature of the offense, the penalty imposed and the name and address of the court.
(6) 
A police background check of each person to be soliciting within the Town. The police check must be made at the applicant's expense and must be obtained from the town or city where each solicitor resides.
(7) 
The name and address of the person, firm or corporation he or she represents.
(8) 
The length of time the applicant desires the license; such a license shall not be issued for a longer term than one year or a shorter term than three months.
(9) 
A written, detailed description of the specified proposed plan of operations to be used by the applicant.
(10) 
Any violation(s) of this chapter or any comparable laws, ordinances, statutes, rules, orders or regulations of any other municipality or of the State Door-to-Door Sales Protection Act[1] within the past 10 years, by the applicant or any individuals employed by or on behalf of the applicant as a vendor, solicitor or peddler.
[1]
Editor's Note: See § 425 et seq. of the Personal Property Law.
(11) 
Such other information as may be required by the Town Clerk to determine the veracity or to clarify any of the prior statements required in this Subsection A.
B. 
If applicable, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
C. 
If applicable, such application shall be accompanied by proof of a professional license held if said license must be used in conjunction with the solicitation.

§ 150-6 Issuance, use, contents and display of license.

A. 
Application; grant. Except for those organizations which are exempt as outlined in this chapter, the Town Clerk may issue a license pursuant to a valid application for peddling and soliciting.
B. 
Use. A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.
C. 
Contents. All licenses shall be filed in the Town Clerk's office and shall state clearly the kind of vehicle, if any, to be used and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
D. 
Display. Every licensee, while exercising his or her license, shall carry the license with him or her and shall exhibit the same upon demand.

§ 150-7 Term of license.

All licenses issued pursuant to this chapter shall be issued for a period not to exceed one year, nor a shorter term than three months, but, in any event, shall expire on the 31st day of December following the date of issuance.

§ 150-8 License fees.

License fees, as established from time to time by resolution of the Town Board, shall be paid to the Town Clerk for the license herein required.

§ 150-9 Regulations.

A. 
Unlawful sales. A hawker, peddler or solicitor shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
Sanitary conditions. A hawker, peddler or solicitor shall keep the vehicles and receptacles used by him or her in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
C. 
Noises. A hawker, peddler or solicitor shall not blow a horn, ring a bell or use any other noisy device so as to create a public nuisance.
D. 
Obstructions. A hawker, peddler or solicitor shall not create or maintain any booth or stand or place any barrel, boxes, crates or other obstructions upon any street, sidewalk, right-of-way, or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
E. 
Measuring devices. A hawker, peddler or solicitor shall not use any weighing or measuring device unless the same shall have been examined and sealed by the County Sealer of Weights and Measures.
F. 
Hours. A hawker, peddler or solicitor may not sell or vend within 250 feet of any school property, nor enter upon private property for the purpose of peddling or soliciting before the hour of 10:00 a.m. or after 1/2 hour before sunset of any day, except upon the prior invitation of the householder or occupant.
G. 
Prohibited places. A hawker, peddler or solicitor shall not perform his or her respective acts and occupations on any property owned or leased by the Town of Greece (excluding public streets) or on any property where it is otherwise prohibited by the owner of such property or by law unless and until an application for a license has been submitted to the Town Clerk and such license has been issued thereby.
[Amended 3-12-2013 by L.L. No. 5-2013]
H. 
Use of public streets. No hawker, peddler, or solicitor shall use any of the public streets or rights-of-way within the Town of Greece as standing places for his or her vehicles, handcarts or pushcarts for the conduct of business.
I. 
Memorial Day parade. No hawker, peddler, or solicitor shall perform his or her respective acts or occupations during and in the vicinity of the annual Memorial Day Parade along Long Pond Road.

§ 150-10 Solicitation of funds; registration.

A. 
Application for registration; contents. An application to solicit funds for any cause whatever as provided for in this section shall be addressed to the Town Clerk at least two weeks in advance of the first day of solicitation, and such application shall contain the following information:
(1) 
The name and purpose of the cause for which permission is sought.
(2) 
The names, addresses and telephone numbers of the officers and directors of the organization.
(3) 
The time for which permission is sought and localities and places of solicitation.
(4) 
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation.
(5) 
Such other information as the Town Clerk shall require to determine the veracity or to clarify any of the prior statements required in this Subsection A.
B. 
Statement of finances. The Town Clerk, before granting permission to solicit funds or donations as provided for in this section, shall compel the applicant to file with him or her a signed statement of all moneys collected in the calendar year or the fiscal year of such organization, society, association or corporation previous to the application, the expenditures connected therewith, together with the names and addresses of all persons receiving wages, commissions or emoluments, and the amounts so expended.
C. 
Registration. Registration as required by this section shall be done, in writing, at the office of the Town Clerk during regular business hours and shall include the following information:
(1) 
The name, address and telephone number of the organization, society, association, religious institution or corporation desiring to solicit in the Town.
(2) 
The names, addresses and telephone numbers of the officers and directors of the organization, society, association, church or corporation.
(3) 
The names, addresses, telephone numbers and ages of all agents or representatives who will solicit in the Town.
(4) 
Whether or not the agents or representatives or any of them have ever been convicted of a misdemeanor or felony and, if so, give the date of conviction, the nature of the offense, the penalty imposed and the name and address of the court.
(5) 
A police background check of each person to be soliciting within the Town. The police check must be made at the applicant's expense and must be obtained from the town or city where each solicitor resides.
(6) 
The number, year, trade name identification or registration number, state of registration and owner of every vehicle to be used.
(7) 
The name and purpose of the cause for which soliciting is to be done.
(8) 
The time, localities and places of solicitation.
(9) 
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation and to whom.
(10) 
A statement of finances as herein provided in Subsection B.
(11) 
Such other reasonable information as the Town Clerk shall require to determine the veracity or to clarify any of the information required by the this Subsection C.

§ 150-11 Refusal of license or registration.

A license or registration may be refused if the applicant shall have been convicted of a misdemeanor or felony which in the judgment of the Town Clerk renders the applicant unfit or undesirable to carry on the trade or occupation of peddler or solicitor. The Town Clerk may also refuse a license or registration to any person who, in his or her judgment, shall be an undesirable person or incapable of properly conducting such occupation. In addition, the Town Clerk, upon consultation with the Greece Police Department and Town Attorney, where applicable, may revoke any such license upon his or her determination that the regulations and rules herein have been violated. Any applicant who has been refused a license by the Town Clerk may appeal to the Town Board therefor, and the same may be granted or refused by the Town Board, except as prohibited by Town Law § 137, as amended or revised.

§ 150-12 Revocation of license or registration.

Licenses or registrations issued under provisions of this chapter may be revoked immediately by the Town Clerk upon consultation with the Greece Police Department and Town Attorney. If the licensee has one or more employees, agents or contractors, the revocation hereunder shall apply to all. Revocation may occur for the following reasons:
A. 
Fraud, misrepresentation or any false statement contained in the application for license.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler, hawker, vendor or solicitor.
C. 
Any violation of this chapter.
D. 
Conviction of any crime or misdemeanor involving dishonesty or moral turpitude.
E. 
Conducting the licensed business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
F. 
Any breach of stipulations or conditions specified by the Town Board, if any, or any deviation from the terms and agreements upon which a license has been granted, as provided herein.

§ 150-13 Appeals.

A. 
Any person aggrieved by the action of the Town Clerk in refusing or revoking a license or registration, as provided in this chapter, shall have the right to appeal to the Town Board within 14 days of the refusal or revocation of the license or registration.
B. 
The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing.
C. 
The refusal or revocation of a license or registration by the Town Board shall be subject to review pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. Any such Article 78 proceeding must be commenced within 30 days of the mailing of notice of the action sought to be reviewed.

§ 150-14 Eligibility for new license or registration restricted.

Any person denied a license or registration or whose license or registration has been revoked in accordance with § 150-12 of this chapter shall be ineligible to apply for a new license for a period of six months from the date of such refusal or revocation, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.

§ 150-15 Penalties for offenses.

Offenses against this chapter shall be punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.

§ 150-16 Enforcement.

This chapter shall be enforced by the Police Department of the Town of Greece or its designee, unless stated otherwise herein.