[HISTORY: Adopted by the Town Board of the Town of Wheatfield 3-21-1983
by L.L. No. 1-1983. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling, Vending
and Soliciting Law of the Town of Wheatfield."
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
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.
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.
Any individual, firm, partnership, corporation, unincorporated association
and principal or agent thereof.
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.
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.
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.
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.
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.
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.
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]
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.
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.
(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.
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.
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.
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.
(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]
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.
