This chapter is enacted for the area of the Town of Mendon outside the territorial limits of the Village of Honeoye Falls for the purpose of preserving the peace, health, safety, welfare and good order of the Town and its inhabitants by regulating the activities of itinerant merchandising, soliciting, peddling or hawking.
[Amended 11-10-1997 by L.L. No. 8-1997]
All word usage and definitions used in this chapter are contained in Chapter 5, Definitions and Word Usage, of the Town Code.
It shall be unlawful for any person within the jurisdiction of this chapter to act as a hawker, peddler or solicitor, as herein defined, without first having obtained from the Town Clerk and paid for and having in force and effect a permit or license therefor.
A. 
The provisions of this chapter shall not apply to the following:
(1) 
Any honorably discharged veteran who is disabled as a result of injuries received while in the military services of the United States.
[Amended 10-15-2018 by L.L. No. 3-2018]
(2) 
The holder of a license or permit granted pursuant to the General Business Law of the State of New York.
(3) 
Any person soliciting at the express invitation of the person solicited or serving an established customer.
(4) 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Town of Mendon outside of the territorial limits of the Village of Honeoye Falls.
(5) 
A resident gardener or farmer who, himself or through his employees, sells or disposes of products of his own farm or garden.
(6) 
Auction sales held pursuant to law by a law enforcement officer authorized by law to conduct such sale or held by a licensed auctioneer.
(7) 
Any person selling goods, wares, commodities or services regularly to those who are his established customers, patrons or purchasers.
(8) 
A child regularly attending any public or parochial or private school located within the Town of Mendon, including all students who are residents of said Town, or a representative of any established church maintaining a place of worship within the Town, or a member of a veteran's organization and/or volunteer fire department, provided that such organization has and maintains a chapter, post, lodge, camp or other group within the Town, or a member of a fraternal organization or civic group, provided that such fraternal organization or civic group maintains a chapter or local organization within the Town; and further provided that any person coming within the provisions of this exemption shall only peddle, hawk or solicit in connection with an authorized activity of the organization of which he is a member or the school which he attends.
B. 
Interstate commerce; records.
(1) 
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
(2) 
All persons and organizations soliciting funds or engaging in hawking, peddling or soliciting solely for charitable or other purposes who are excepted from the license or permit requirements under this chapter shall maintain and keep records identifying all persons connected with such activity within the Town, and such records shall contain at least the name and the address of the person(s) engaged in such activity, the activity area and the date or dates of activity. Said records shall be made available for inspection by any law enforcement officer or member of the Town Board of the Town of Mendon.
Every applicant for a license or permit is required to submit to the Town Clerk a written application supplying, under oath, the following information:
A. 
The name, permanent home residence address and address of his current place of sojourn if different from his home address.
B. 
The age of the applicant and physical characteristics.
C. 
The name and address of the firm represented, if any, and business telephone number of the firm, together with the person of such firm to be contacted if need be.
D. 
The length of time for which the permit is required.
E. 
An itemized statement of all goods, services, wares or commodities to be offered for sale or for which he intends to solicit orders.
F. 
A list of all municipalities located within the County of Monroe, State of New York, in which the applicant has carried on the business of hawking, peddling or soliciting during the six months immediately preceding this application.
G. 
A copy of all forms for orders and receipts to be used by the applicant relating to this application.
H. 
A letter of authorization from each entity supplying any goods, services, wares or commodities to be offered for sale or for which orders are to be solicited by the applicant.
Upon receipt of the application and the permit fee, and upon compliance with all of the requirements of this chapter, and if reasonably satisfied with the applicant's qualifications, the Town Clerk shall issue a permit to the applicant specifying the particular business authorized and area wherein it may be conducted. This permit shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. The permit shall be produced upon demand and shall be exhibited to any law enforcement officer or member of the Town Board of the Town of Mendon or any prospective buyer or person solicited.
The Town Board of the Town of Mendon shall establish, by a Town Board resolution, a schedule of fees for permits to engage in the above occupations hereinabove described, which shall be subject to change by said Town Board.
A. 
Any applicant who shall have been refused such a permit by the Town Clerk or the Supervisor of the Town of Mendon may then apply, in writing, to the Town Board therefor at a regular meeting thereof, and the same shall be granted or refused by such Town Board.
B. 
Permits issued under the provisions of this chapter may be revoked by written personal notice or by written notice by certified mail to the licensee, by the Town Clerk or the Supervisor of the Town of Mendon, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for a license or permit.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as a hawker, peddler or solicitor.
(3) 
Complaints of Town residents of the licensee conducting the hawking, peddling or soliciting 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 welfare of the public or the good order of the Town.
(4) 
Any violation of this chapter or the arrest of any licensee for any alleged crime or misdemeanor.
C. 
Any licensee whose permit has been revoked under the provisions of this section may apply, in writing, to the Town Board for a hearing at a regular meeting thereof for the reinstatement of such revoked permit.
A licensed person shall:
A. 
Not willfully misstate any fact, quantity or quality of any article or service offered for sale.
B. 
Not willfully offer for sale any article of an unwholesome or defective nature.
C. 
Not frequent any street or highway so as to cause a private or public nuisance.
D. 
Not hawk, peddle or solicit except between the hours of 9:00 a.m. and 9:00 p.m. on weekdays, nor on Sundays, except that the Sunday restriction shall not be applicable to peddlers of ice cream and ice cream products for immediate consumption.
E. 
Not call attention to his goods or services by blowing a horn, ringing a bell other than a house doorbell, shouting or crying or by any loud or unusual noise, except that peddlers of ice cream and ice cream products for immediate consumption are exempted from the foregoing prohibition of the use of a bell.
F. 
Keep any vehicle and/or receptacles used by him in the furtherance of his licensed business in a sound, clean and sanitary condition.
G. 
Keep any edible articles offered for sale well protected from dirt, dust and insects.
H. 
Deliver to every person to whom a sale is made, or from whom an order is taken, a legibly written receipt, signed and dated by the licensee, setting out the total price, a description of the goods or services sold or ordered, a statement of any payment received by the licensee and the name and address of the company or person that is to furnish the goods or services to the buyer; except that the foregoing does not apply to peddlers of ice cream and ice cream products.
I. 
Leave all premises promptly upon the request of any occupant of such premises.
J. 
Conduct himself or herself in a courteous and respectful manner.