This chapter is enacted for the purpose of regulating the conduct and
business practices of hawkers, peddlers and transient merchants within the
Town of Livonia.
As used in this chapter, the following terms shall have meanings indicated:
DOOR-TO-DOOR SALESPERSON
A person who canvasses or sells from door to door without conducting
business in a location or locations as set forth herein in the definition
of "hawkers, peddlers and transient merchants."
[Added 1-21-1989 by L.L.
No. 1-1989]
HAWKERS, PEDDLERS and TRANSIENT MERCHANTS
A retail or wholesale business conducted in a tent; from a truck,
van or trailer; on a parking lot or vacant parcel of land; on a
part of a public right-of-way; or in any other place for a temporary period
of time. The lack of rental or leasing agreement of three months' or more
duration, sealed by monetary consideration, shall be presumptive of a temporary
situation. The type of merchandise or service being offered for sale will
have no bearing on the designation. Door-to-door salespersons shall not be
considered hawkers, peddlers or transient merchants.
[Amended 1-21-1989 by L.L.
No. 1-1989]
PERSON
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
The purpose of this chapter is to assist the government of the Town
of Livonia in the management of its business, the preservation of good order
and peace, health, safety and welfare of its inhabitants and the protection
and security of their property.
Nothing in this chapter shall be held to apply to any of the following:
A. Sales conducted pursuant to statute.
B. Sales conducted pursuant to an order by any court.
C. Any person selling personal property at wholesale to
dealers in such articles.
D. The sale of fruits and vegetables raised on the property
where being sold.
E. Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General Business
Law of the State of New York.
F. Persons soliciting, collecting or operating a sale on
behalf of any bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy cause deemed to be in the public
interest.
G. Any person selling personal property at a garage sale
held at his residence.
Chapter
150, Zoning, of the Town of Livonia shall apply to all licenses granted under this chapter. The town reserves the right to revoke any license which violates such chapter.
The owner, proprietor or manager of any hotel, motel, rooming house
or other place of public accommodation shall report, within six hours after
renting, to the Town of Livonia Clerk's office the name of any person who
has rented a room or other space for the sale and display of merchandise of
a hawker, peddler or transient merchant, giving the location of the room so
rented.
Any person, firm or corporation which violates any provision of this
chapter shall be punishable, upon conviction, by a fine of not more than $250
or by imprisonment for not more than 15 days, or both such fine and imprisonment;
and shall be further directed to obtain a license pursuant to this chapter,
paying the appropriate fee. Each day that such violation continues shall be
considered a separate and distinct offense.