[HISTORY: Adopted by the Town Board of the Town of Salina: Art. I,
11-27-1978 by L.L. No. 5-1978, amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I); Art. II, 11-9-1981 by L.L.
No. 2-1981, amended in its entirety at time of adoption of Code (see Ch. 1,
General Provisions, Art. I). Subsequent amendments noted where applicable.]
This article shall be known as the "Peddlers and Solicitors Law of the
Town of Salina."
The purpose of this article is to provide for the licensing and otherwise
regulating of peddlers and solicitors.
As used in this article, the following terms shall have the meanings
indicated:
That portion of the Town of Salina lying outside the corporate limits
of the Village of Liverpool.
A building or store in which or where the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or solicits
for during regular business hours on a daily basis.
Any person, either as a principal, agent, employee or representative,
who, from any public street or public place or upon property not under the
ownership or control of such person or his principal or employer, 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 or offers for sale or barters or
carries or exposes for sale or barter any foods, goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value, except
milk, newspapers and food distributed on regular customer routes.
Any person, either as a principal, agent, employee or representative,
who goes from place to place or house to house or by telephone 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 of any article or thing whatsoever
for future delivery. The term "solicitor" shall, however, also mean and include
any person as above, 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 of any article or thing whatsoever
for future delivery at the home or residence of any person who has been solicited
prior thereto by telephone or has responded to any type of advertising media
requiring an appointment or consultation or sales presentation in the home
or place of residence of such person.
The Town Board of the Town of Salina.
The Town Clerk of the Town of Salina.
Any person serving at the time as the attorney for the Town of Salina.
It shall be unlawful for any person to act in the Town of Salina as
a hawker, peddler or solicitor as herein defined or assist such a person so
acting without first having obtained and paid for and having in force and
effect a license or a certificate of compliance for exempted activities hereunder
as provided hereafter.
A.
Generally. Nothing in this article shall be held to apply
to any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
By any person selling personal property at wholesale
to dealers in such articles.
(3)
To persons under the age of 18 years.
(4)
Of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities as such are exempted under Town Law § 136,
Subdivision 1.
(5)
By any honorably discharged member of the armed forces
or any other person who has procured a license issued by the County Clerk
as provided by § 32 of the General Business Law of the State of
New York.
B.
Exempt organizations. Nonprofit organizations and persons
working for such organizations shall be exempt. However, such organization
shall obtain a certificate of compliance annually by registering with the
Town Clerk in the event that it plans 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. It shall be the responsibility of such
organization to furnish identification for its representatives which must
be exhibited upon demand. This article shall not apply so as to unlawfully
interfere with interstate commerce.
C.
Certificate of compliance. When the right to an exemption,
as above provided, shall have been established by an applicant to the satisfaction
of the Town Clerk, the Town Clerk shall issue, without charge, a certificate
of compliance stating, among other things, that such person has complied with
the requirements of this section and has satisfactorily established the right
to peddle or solicit as provided herein. Such certificate shall be carried
with each person acting pursuant to such certificate, and it shall be exhibited
upon demand. Each such certificate shall be invalid after one year from its
date of issue. The securing of any such certificate by fraud or misrepresentation
by any person not in fact entitled to an exemption hereunder shall constitute
a violation of the article.
Any person desiring to procure a license as herein provided shall file
with the Town Clerk a written application upon a form furnished by the Town
Clerk and shall file at the same time satisfactory proof of good character
as shall be required by the Town Clerk. Such application shall provide all
information deemed necessary by the Town Clerk and such other information
as may be required by resolution of the Town Board.
An application for a license as a solicitor who demands, accepts or
receives payment or deposit of money in advance of final delivery shall also
be accompanied by a cash deposit or security company bond or other bond secured
by sufficient collateral and approved by the Town Counsel as to form and in
such amounts as are determined by time to time hereafter by resolution of
the Town Board as security for the licensee's making of final delivery of
the goods, wares or merchandise ordered or services to be performed in accordance
with the terms of such order or, failing therein, that the advance payment
on such order be refunded. Any person aggrieved by the action of any licensed
solicitor shall have the right by direct action on the bond for the recovery
of money or damages, or both. Such bond shall remain in full force and effect,
and, in case of a cash deposit, such deposit shall be retained by the town
for a period of 90 days after the expiration of any such license, unless sooner
released by the Town Board.
A.
Issuance or denial. Upon the filing of the application,
bond and certificate as provided in the preceding section, the Town Clerk
shall, upon approval of such application, issue to the applicant a license
as provided herein. A license 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
for which the license is sought. The Town Clerk may also refuse a license
to any person who, in the Town Clerk's judgment, shall be an undesirable person
or incapable of properly or lawfully conducting the trade or business for
which a license is sought. No license shall be issued by the Town Clerk until
the Town Clerk has had a reasonable opportunity to determine the applicant's
fitness and in no event prior to the passage of five business days following
the day on which the application is received.
B.
No applicant who has been refused a license hereunder
or has as hereinafter provided had a license revoked shall make any further
application for a license for a period of six months after denial or revocation,
and in no event shall reapplication be made at any time without submission
of proof that the reason for prior refusal or revocation no longer exists.
C.
Appeal to Town Board. Any applicant who is refused a
license by the Town Clerk may apply to the Town Board for such license, and
the same may be granted or refused by the Town Board, except as prohibited
by Town Law § 137.
A license shall not be assignable. Any holder of any 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 article.
Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate in lieu thereof, under the original
application and bond, may be issued by the Town Clerk, upon the filing with
him by the licensee of an affidavit, setting forth the circumstances of the
loss and what, if any, search has been made for its recovery.
All licenses shall state clearly the kind of vehicle to be used, the
kind of goods, wares and merchandise to be sold or service to be rendered,
the town's designated number of license, the date of issuance and expiration
of the license, the fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant, but
in no event shall such term exceed one year from the date of issuance.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
The license fee for each person licensed hereunder shall be as established
hereafter by resolution of the Town Board.
A license issued pursuant to this article may be revoked by the Town
Board after a public hearing as provided in Article 9 of the Town Law.
A.
It shall be unlawful for any person to enter upon private
property for the purpose of peddling or so soliciting before the hours of
9:00 a.m. of any day or after 8:00 p.m. of any day, except upon the invitation
of the owner or occupant thereof.
B.
It shall be unlawful for any peddler or solicitor in
plying his trade to ring the bell of or knock upon or enter any building whereon
there is displayed to public view any sign containing any or all of the following
words: "No Peddlers," "No Solicitors," "No Agents" or other wording the purpose
of which purports to prohibit peddling or soliciting, as defined hereunder,
on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his
goods or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall he permit his cart, wagon
or vehicle to stand on any public highway within said distance of such school
property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any person
or corporation in the town.
E.
No peddler or solicitor shall blow a horn, ring a bell
or use any other noisy device to attract public attention to his wares or
shout or cry out his wares.
F.
It shall be unlawful, except as otherwise permitted herein,
to create, maintain or park any vehicle, booth or stand or place any barrels,
boxes, crates or other obstructions or contrivances upon any street or public
place for the purpose of selling or exposing for sale any goods, wares or
merchandise. Nothing contained herein shall in anyway be construed to allow
or permit a stationary location in or on a public highway for the activities
permitted herein.
G.
Any contract or sale made in violation of the provisions
herein shall be null and void and of no effect as to the person solicited.
In such event, any merchandise delivered shall be forfeited, and any sums
paid by the person so solicited shall become immediately due and payable jointly
and severally by the peddler or solicitor and any principal or employer thereof.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing
and made in duplicate, stating the terms thereof and the amount paid in advance
with one copy given to the purchaser at the time the deposit is paid to the
solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this article, giving the
number and date of each license, the fee paid and the date of revocation of
all licenses revoked.
A violation of any provision of this article is an offense punishable as provided in Chapter 1, Article II, General Penalties. A violation which continues for more than seven days shall constitute a separate and additional violation for each additional week or part thereof during which the violation continues.
This article is enacted for the purpose of regulating the conduct and
business practices of transient merchants within the Town of Salina.
As used in this article, the following terms shall have the meanings
indicated:
An individual, firm, partnership, corporation or other association
or legal entity, and any principal agent or employee thereof.
A person who engages or proposes to engage in transient retail business.
A business conducted in a store, hotel, motel, building, tent, lot,
truck, tractor-trailer or structure for the retail or discount sale of goods,
wares and merchandise, except food products, which is intended to be conducted
for a temporary period of time and not permanently. It shall be presumed for
the purpose of this article that a business which is conducted or to be conducted
in premises leased, rented or otherwise permitted for use or occupancy for
a period of six months or less is a transient retail business hereunder.
The purpose of this article is to assist the Town of Salina in the management
of its business, the preservation of good order and the peace, health, safety
and welfare of its inhabitants and the protection and security of their property.
No person shall engage in business as a transient merchant unless he
shall first have obtained a license to conduct such business from the Town
Clerk no later than five business days before the first date of the business.
The fee for a transient merchant's license shall be for such period and in
such amount as set forth by resolution of the Town Board.
A.
An applicant for a transient merchant's license shall
provide the following in addition to any other requirements set forth on the
application provided by the Town Clerk:
(1)
The address and the telephone number of the applicant's
residence and place of business, where applicable.
(2)
The identity of the firm(s) or entity (-ies) represented
by the applicant or by whom the applicant is employed, together with documents
establishing the firm's or entity's address, state or county of principal
place of business, the form of organization, the identity of ownership and
authority of said firm to do business in this state and the specific legal
relationship between the firm and the transient merchant(s). All applicants
other than natural persons shall disclose in any application the identities
and the addresses of shareholders, officers, directors, members, partners
or such similar persons as required by the town.
(3)
A brief description of the nature of the business and
the kind or type of goods or commodities which are intended for sale.
(4)
The hotel, room or other specific place or location where
the applicant proposes to sell such merchandise and the time and date during
which said business is to be conducted.
(5)
Written permission from the owner of the property in
which the business is to be conducted.
B.
Before such license is issued by the Town Clerk, the
applicant shall post a surety bond, in an amount as set forth by resolution
of the Town Board and issued by a surety bond company licensed to do business
in this state, in a form acceptable to the town. The conditions of such bond
shall be that said transient merchant will pay all state and local sales and
other taxes applicable to his transactions or sales entered into this town;
that said merchant will well and truly perform any and all contracts or sales
orders made within the town; that all contracts and sales orders will be in
writing, will specify in detail all terms thereof, including but not limited
to any warranty or guaranty therein; and a complete copy thereof shall be
given to the purchaser at the time of sale; and that, if said merchant takes
orders for merchandise to be delivered at a future date and accepts payment
in part or in full, he will deliver said merchandise in a satisfactory condition
within a period of three months from the date of said contract. There shall
be no forfeiture in respect to a violation of the three month's delivery requirement
where there is proof that nondelivery was due to strikes or other extraordinary
events beyond the control of said merchant; except that in such event, if
the merchant shall fail to return the deposit to the purchaser after demand
therefor, a forfeiture shall occur under the provisions of the bond, and the
surety shall thereunder indemnify the purchaser for such default by the merchant.
C.
Licenses hereunder shall state the place where the business
is to be conducted and the date of expiration of the term of such business
pursuant to the license.
Before the issuance of any license hereunder, a natural person applying
therefor who is not a resident of the town shall provide to the Town Clerk
a certified copy of a recorded designation by said person pursuant to § 318
of the Civil Practice Law and Rules of an agent for service. Corporations
or other legal entities shall provide a certified copy of the legal authorization
of the State of New York permitting such corporation or entity to conduct
business in the State of New York.
A.
The licensing provision of this article shall not apply
to the following:
(1)
Sales conducted pursuant to statute.
(2)
Sales conducted pursuant to the order of any court.
(3)
Sales of personal property at wholesale to dealers in
such articles.
(4)
The peddling of meats, fish, fruit and similar produce
by farmers and persons who produce such commodities or to dealers in milk,
baked goods, heating oil and daily newspapers.
(5)
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.
(6)
Persons soliciting, collecting or operating a sale on
behalf of any bona fide charitable, educational, scientific, health and/or
religious organization.
(7)
Any person(s) selling personal property at a garage sale
held at the residence of such person.
(8)
Any person(s) selling Christmas trees.
B.
Notwithstanding any exemption herein granted as above,
all persons exempted herein shall, however, file an application with the Town
Clerk claiming such exemption on a form provided by the Town Clerk before
the commencement of any business or transaction exempted hereunder.
C.
This article shall not be construed so as to unlawfully
burden or interfere with interstate commerce.
All uses permitted by any licenses granted hereunder shall comply with the requirements of Chapter 235, Zoning, of the Town of Salina. The town may revoke any license which violates such chapter or this article.
The owner, proprietor or manager of any hotel, motel, rooming house
or other place of public accommodation shall report to the Onondaga County
Sheriff and the Salina Town Clerk the name and the address of any person who
has been given the right to occupy or use a room or other space by lease,
license or otherwise for the sale and display of merchandise as a transient
merchant hereunder, together with the location of the room, space or area
to be so used or occupied.
A violation of the provisions of this article shall be an offense punishable as provided in Chapter 1, Article II, General Penalty. Violations hereof which shall continue for more than seven days shall be a separate and additional violation for each week thereafter or portion thereof during which such violations continues.
