As used in this chapter, the following terms shall have the
meanings indicated:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
MERCHANDISE, GOODS or WARES
Includes all items or products intended to be sold and shall
include labor or personal services to be rendered.
PEDDLE
To go from house to house, from store to store, from place
to place or from street to street to sell and make immediate delivery
or offer for sale and deliver any goods, wares, merchandise or provisions
in possession of the seller at any place within the Town of Lewisboro
other than from a fixed place of business.
PEDDLER
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
PERSON
Only a natural person or an individual, whether a resident
of the Town of Lewisboro or not.
POLICE RECORD
A.
The applicant has been convicted of a felony, a violation involving
a sex offense, trafficking in controlled substances, or any violent
acts against persons or property; or
B.
The applicant is a person against whom a judgment based upon,
or conviction for, fraud, deceit or misrepresentation has been entered
within the five-year period immediately preceding the date of application.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street, to sell or take orders for goods,
wares, merchandise or provisions for future delivery, or for services
to be performed at any place within the Town of Lewisboro or to distribute
advertising matter.
SOLICITOR
Any person or company who solicits as herein defined.
It shall be unlawful for any person or company to peddle or
solicit within the Town of Lewisboro without having first obtained
a valid license therefor as provided herein.
An application for a license shall contain the following information:
A. The name and a description of the applicant.
B. The address of the applicant.
C. A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited.
D. If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship.
E. If for a vehicle license, a description of the vehicle together with
license number or other means of identification.
F. If applicant is a company, name and address and title of officer
of company upon whom process or other legal notice may be served.
Every peddler or solicitor licensed under this chapter shall
have his license or registration certificate in his immediate possession
at all times when peddling or soliciting and shall display the same
upon demand of any person.
No license, license plate or badge issued under the provisions
of this chapter may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any other person than the one to whom
it was issued.
No peddler or solicitor shall have any exclusive right to any
location in the public streets, nor shall any be permitted a stationary
location, nor shall be be permitted to operate for longer than 10
minutes in any one location. This restriction shall not apply to door-to-door
solicitation.
If the applicant for a peddler's or solicitor's license
uses scales or measures in his business, he shall also file with his
application for a license a certificate issued by the Westchester
County Sealer of Weights and Measures that his scales or measures
have been tested and sealed.
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Westchester County Clerk to hawk, peddle, vend or solicit trade, in pursuance of law, on the streets and highways of the Town of Lewisboro shall be exempt from the provisions of §
170-5 of this chapter. In lieu of a license as prescribed in §
170-6A of this chapter, the Town Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Town of Lewisboro, subject to all other provisions of this chapter. Said permit will be stamped in ink on the face of the county license.
Any person or company who solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Town of Lewisboro shall be exempt from the payment of any fees as set forth in §
170-5 of this chapter upon presentation of proper proof to the Town Clerk that said person or company is actually engaged in interstate commerce. If the Town Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this chapter have been complied with, the Town Clerk shall issue a registration certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. All of the provisions of this chapter shall apply to all such persons and companies registered pursuant to this section.
This chapter is enacted pursuant to the police power of the
Town of Lewisboro and in order to protect the citizens of the Town
against crime and preserve the private property, peace and comfort
of the occupants of private residences in the Town.
It shall be the duty of any police officer in the Town of Lewisboro
to require any person seen peddling or soliciting and who is not known
by such police officer to be duly licensed to produce his peddler's
and solicitor's license and to enforce the provisions of this
chapter against any person found to be violating the same.
Any person aggrieved by the action of the Lewisboro Police Department or the Town Clerk in the denial of the application for a license as provided in §
170-4 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license as provided in §
170-17 of this chapter, shall have the right to appeal to the Town Board of the Town of Lewisboro. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. 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 last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not less
than $100, nor exceeding $2,000 or by imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.