Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 3-21-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 118.
Parks and recreation areas — See Ch. 123.
Streets and sidewalks — See Ch. 165.

§ 127-1 Title.

This chapter shall be known and may be cited as the "Peddling, Vending and Soliciting Law of the Town of Wheatfield."

§ 127-2 Purpose.

The merchandising and/or soliciting of goods, money or services within the Town of Wheatfield and/or along the public highways in said Town has subjected or may subject its inhabitants to unscrupulous practices, annoyance and danger. The purpose of this chapter is to provide for the licensing and regulation of persons engaged in such activities in order that the peace, health, safety, welfare and good order of the Town and its inhabitants shall not be endangered or unduly disturbed.

§ 127-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL TRAVELER
A person doing business through the act of renting a room or suite of rooms in a hotel, motel or inn, commercial building or private dwelling or open space, including a parking lot, for temporary occupancy for the purpose of using said premises to sell, offer for sale or solicit orders for goods, services, merchandise or money to or from members of the public.
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person transacts business and deals in goods, wares, commodities or services, from where a person peddles, vends or solicits in the ordinary and regular course of business.
ITINERANT VENDOR
A person who engages in the act or occupation of selling or offering for sale from a fixed location or locations at times and from time to time goods, wares or merchandise, shrimp, lobster, lobster tails, clams, mussels, oysters, fish, meat and produce from any portable cart, stand, vehicle or display device of any nature.
MERCHANDISING
The selling, bartering or trading of or offering to sell, barter or trade any goods, wares, commodities or services or the taking of orders therefor.
PEDDLER, HUCKSTER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or solicits contributions of goods or moneys by going from house to house, place of business to place of business or in any public street or public place or by temporarily occupying a room, building or other premises therefor.
PERSON
Any individual, firm, partnership, corporation, unincorporated association and principal or agent thereof.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure, parking lot or structure of any kind intended to be used or occupied for the period of time necessary to peddle, vend or solicit the merchandise sold therein. In all prosecutions for the violation of this chapter, the intent of the defendant to conduct an established place of business shall be a material fact, and the burden of proving such intent shall be upon the defendant in such prosecution.

§ 127-4 License required.

It shall be unlawful for any person within the jurisdiction of the Town of Wheatfield to act as a peddler, huckster, vendor, solicitor, commercial traveler or itinerant vendor as herein defined without first having obtained and paid for and having in force and effect a license as hereinafter provided.

§ 127-5 Application for license.

A. 
Every applicant for a license is required to submit to the Town Clerk a written application, supplying, under oath or by sworn statement, the following information:
(1) 
The name of the applicant and that the applicant is a United States citizen. If not a United States citizen, no license may be issued.
(2) 
A permanent home residence.
(3) 
A temporary address.
(4) 
The name and address of the firm represented, if any.
(5) 
The length of time for which the license is required.
(6) 
A description of goods, wares, commodities or services to be offered for sale.
(7) 
All felonies or misdemeanors with which the applicant has been charged and the disposition of each such charge.
(8) 
As an appendage to the application, a letter of authorization from the firm which the applicant purports to represent.
(9) 
Whenever it is required by this chapter that written permission of the owner of private property is necessary, such written permission describing the property to be used.
(10) 
The age of the applicant. No license shall be issued to persons under the age of 18 years.
B. 
If the applicant has one or more employees who will work in the Town, the same information must be supplied as to each employee.

§ 127-6 Issuance of license; nontransferability; display.

Upon receipt of the application and the license fee and if reasonably satisfied with the applicant's qualifications, the Town Clerk shall issue a license to the applicant specifying the particular business authorized. This license shall be nontransferable for a definite period of time and shall be in the continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any Town official, prospective buyer, police officer or sheriff. If issuance of a license is refused by the Town Clerk or revoked, the applicant shall not be issued a new license for a period of one year hereafter.

§ 127-7 Records.

The Town Clerk shall keep a record of the applications, the determinations thereon and of all licenses issued in accordance with this chapter. The record shall contain the name and residence of the person licensed, the location of the business, the amount of the license fee paid, the license period and the date of revocation of all licenses revoked.

§ 127-8 Expiration of license.

All licenses hereunder shall expire no later than the license period for which issued; or one year from the date of issue and shall in any event expire on the 31st of December following the date of issuance, whichever is the lesser period.

§ 127-9 License fees. [1]

A. 
Each person, as herein defined, acting as peddler, huckster, vendor, solicitor, itinerant vendor or commercial traveler shall be required to pay a fee as set forth from time to time by resolution of the Town Board.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each employee of a person, as herein defined, shall be required to pay a fee as set forth from time to time by resolution of the Town Board.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Each vehicle or other receptacle used in the furtherance of the licensed business or activity shall be subject to a fee as set forth from time to time by resolution of the Town Board.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
All fees shall be payable at the time of the issuance of the license.
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.

§ 127-10 Restrictions.

A. 
A peddler, vendor, solicitor, huckster, itinerant vendor or commercial traveler, whether licensed or exempt from licensing pursuant to the provisions of this chapter, shall:
(1) 
Not willfully misstate the quantity or quality of any article or services offered for sale.
(2) 
Not willfully offer for sale any article of an unwholesome or defective nature.
(3) 
Not call attention to his or her goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.[1]
[1]
Editor's Note: See also Ch. 118, Noise.
(4) 
Keep the vehicle and/or receptacles used by him or her in the furtherance of his or her licensed business in a sound, clean and sanitary condition.
(5) 
Keep his or her edible articles offered for sale well-protected from dirt, dust and insects.
(6) 
Not stand, hawk, peddle or solicit or solicit funds on the premises of any business establishment, shopping center or mall without the written consent of the owner or individual agency or organization responsible for the management and/or operation of the same.
(7) 
Not sell or vend within 500 feet of any school property between the hours of 8:00 a.m. and 4:00 p.m. on school days.
(8) 
Not enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. of any day or after 8:00 p.m. of any day, except upon invitation of the householder or occupant.
B. 
It shall be unlawful for any peddler, huckster, vendor, solicitor, itinerant vendor or commercial traveler in plying his or her trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddler," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
C. 
No person or employee thereof shall conduct or carry on any occupation or activity for which a license is required herein on property owned by the Town of Wheatfield or any district thereof.
D. 
No person or employee thereof shall use any of the public streets within the Town of Wheatfield as standing places for vehicles, pushcarts, handcarts or other receptacles for the conduct of his or her business or use said streets to display goods or services offered for sale or the taking of orders therefor.
E. 
Whenever a regulated activity is to be carried on or conducted on private property, before a license is issued for such activity, the applicant shall provide to the Town Clerk the written permission of the owner of such property or the individual, agency or organization responsible for the management or operation of the same.
F. 
Regulated activity involving the retail sales of merchandise or the taking of orders therefor shall be permitted only in the zoning districts designated.[2]
[2]
Editor's Note: See Ch. 200, Zoning.

§ 127-11 Revocation of license; notice; hearing.

A. 
Licenses issued under provisions of this chapter may be revoked by the Town Board of the Town of Wheatfield after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or any false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler, huckster, vendor, solicitor, itinerant vendor or commercial traveler.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling 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.
B. 
The Town Clerk, upon receiving information giving reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter or has been convicted of any violation referred to in this section or indicted or charged with or for any crime or offense or has been convicted of any crime or offense, may forthwith temporarily suspend such license until a hearing is held by the Town Board as provided herein, and the Town Board shall have issued its determination thereon.
C. 
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at the last known address at least five days prior to the date set for the hearing.
D. 
If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees determined to be in violation of this chapter.

§ 127-12 Appeals; hearing.

Any person aggrieved by the action of the Town Clerk in the denial of an application for a license as provided in § 127-5 of this chapter shall have the right to appeal to the Town Board of the Town of Wheatfield. 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 for the 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 the last known address at least five days prior to the date set for the hearing. The granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.

§ 127-13 Exemptions; applicability of provisions.

A. 
The provisions of this chapter shall not apply to the following:
(1) 
Any honorably discharged member of the armed forces of the United States who has procured a license as provided by the General Business Law.
(2) 
Any person soliciting at the express invitation of the person solicited.
(3) 
Farmers and persons who produce meats, fish, fruit or farm produce.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Town.
(5) 
Dealers in milk, baked goods, heating oil or daily newspapers.
(6) 
A child regularly attending any public, parochial or private school; a veterans' organization; fraternal organization; civic group; churches; religious organization or sect; provided, however, that such child or member of an exempt organization as herein listed shall carry on an otherwise regulated activity only in connection with an authorized activity of the school which such child attends or another school which has authorized such child to carry on the activity; or the organization of which he or she is a member or another exempt organization which has authorized such member to carry on the activity; and further provided that prior to the commencement of such activity, the school or the exempt organization for which the activity is to be carried on shall notify the Town Clerk, in writing, of the intention of such school or organization to conduct such activity in the Town of Wheatfield, together with a brief description thereof.
(7) 
Persons soliciting or collecting for any bona fide charitable organizations. For the purposes of this chapter, a "bona fide charitable organization" shall include, but not be limited to, those organizations duly designated as not-for-profit corporations by federal or state law, or such other charitable organizations recognized by any federal, state or local agency.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
A person campaigning for political office, or any person working on such campaign's behalf.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
This chapter shall not apply so as to interfere unlawfully with interstate commerce or the First Amendment of the United States Constitution.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 127-14 Penalties for offenses. [1]

Any person who shall act as a peddler, huckster, vendor, solicitor, commercial traveler or itinerant vendor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who shall continue to act as peddler, vendor, huckster, solicitor, commercial traveler or itinerant vendor subsequent to the revocation of his or her license shall be guilty of an offense and punishable by a fine of not less than $50 nor more than $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment. Each day on which such violation continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).