[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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This chapter shall be enforced by the Police
Department of the Town of Greece or its designee, unless stated otherwise
herein.
