[HISTORY: Adopted by the Town Board of the
Town of Ramapo 3-28-1979 by L.L. No. 2-1979 as Ch. 273 of the 1979
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Peddler and Solicitor Law" and shall apply to the unincorporated
area of the Town of Ramapo.
The attention of the Town Board of the Town
of Ramapo has been directed to abuses and unscrupulous and disruptive
acts by persons engaging in door-to-door soliciting and selling of
goods, merchandise and wares; and the imposition of unwarranted obligations
and commitments upon the residents of the Town by such itinerant persons
engaging in abuse, violent conduct and threats; and that many of the
foregoing have resulted in complaints to the police authorities of
the Town of Ramapo because of the unruly conduct or behavior, or exaggerated,
unethical and spurious claims and representations with respect to
such goods, wares and merchandise; and that such unsalutary conduct
has violated the peace, good order and safety and general welfare
of the citizens of the Town, and it is, therefore, the intent of the
Town Board, by the enactment of this chapter, to minimize and prevent
the foregoing abuses and violations of the rights of the citizens
of the Town of Ramapo and to protect them and the general welfare
as hereafter more fully provided.
[Amended 4-24-1991 by L.L. No. 7-1991]
A.
No person shall engage in the business of selling
or attempting to sell or solicit orders for the sale of any property
or any services on any public street or public place.
B.
The hawking, peddling and soliciting orders for the
sale of any personal property or any services within the Town of Ramapo
without having obtained a license therefor from the Clerk of the Town
is prohibited. Additional authorization may be required in areas under
private ownership.
A.
The following terms, phrases and words and their derivations
shall have the meaning given herein, and, as required, the present
tense shall include the future, and words in the plural shall include
the singular, and vice versa. The word "shall" is always mandatory
and not merely directory.
B.
CHARITABLE
CHIEF OF POLICE
CONTRIBUTIONS
ESTABLISHED PLACE OF BUSINESS
HAWKING OR PEDDLING
(1)
(2)
PERSON
RELIGIOUS AND RELIGION
SOLICIT AND SOLICITATION
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 4-24-1991 by L.L. No. 7-1991]
Includes the words patriotic, philanthropic, social service,
welfare, benevolent, educational, civic or fraternal, either actual
or purported.
The Chief of Police of the Town of Ramapo or a representative
authorized by the Chief of Police to perform the acts of the Chief
of Police in accordance with this chapter.
Includes the words alms, food, clothing, money, subscription,
property or donation under the guise of a loan of money or property.
A building or structure which is operated as a regularly
established place of business and from which a person transacts business
and deals in goods, wares or merchandise or performs services or solicits
orders for the same on a continuing and ongoing basis.
Engaging in either:
The business of selling or attempting to sell
or soliciting orders for the sale of any property or any services,
by going from house to house, place of business or any combination
thereof; or
Soliciting contributions for any person, organization,
entity or any other purpose, by going from house to house, place of
business or any combination thereof.
Any individual, firm, copartnership, corporation, company,
association or joint-stock association, church, religious sect, religious
denomination, society, organization or league and includes any trustee,
receiver, assignee, agent or other similar representative thereof.
As used herein shall not mean and include the word "charitable"
as herein defined, but shall be given their commonly accepted definitions.
The request, directly or indirectly, of money, credit, property,
financial assistance or other thing of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose as those
purposes are defined in this chapter.
[Amended 6-13-1984 by L.L. No. 6-1984; 4-24-1991 by L.L. No.
7-1991]
A.
This chapter shall not apply to:
(1)
Any sale conducted pursuant to statute or by order
of any court.
(2)
An honorably discharged member of the armed forces
of the United States who has procured a license from the Rockland
County Clerk, as provided by the General Business Law of the State
of New York.
[Amended 2-6-2012 by L.L. No. 2-2012]
(3)
A wholesaler of articles to dealers or merchants engaged
in selling such articles.
(4)
Merchants having an established place of business
within the Town and the employees of such merchants, and any person
vending at the express invitation of the customer or serving the latter
on a regular and established basis.
(5)
A truck gardener or farmer who, himself or through
his employees, sells products of his own farm or garden.
(6)
Dealers in milk, baked goods and heating oil, provided
that they have otherwise complied with any licensing and health and
safety requirements of any other competent governmental body or agency.
(7)
Persons peddling, soliciting or vending or collecting
for the benefit of any bona fide fraternal, educational, religious
or charitable organization; provided, however, that such organization
shall have otherwise been certified or otherwise been duly qualified
as required by law or by any competent governmental body or agency.
(8)
Any person selling goods, wares, commodities or services
regularly to those who are his established customers, patrons or purchasers.
B.
This chapter shall not apply to the sale of daily
newspapers nor be interpreted as intending to, nor shall it be construed
to, unlawfully interfere with the conduct of interstate commerce or
impair the rights of free speech, press or publication and shall be
construed as implementing and not as limiting the purposes and provisions
of the New York State Home Solicitation Sales Act.[1]
[1]
Editor's Note: See Personal Property Law § 425
et seq.
C.
All persons and organizations soliciting funds solely
for charitable or other purposes who or which are exempted from the
license requirements under this chapter shall maintain and keep records
identifying all persons soliciting funds within the Town, and such
records shall contain at least the name and the address of the person
soliciting, the areas solicited and the date or dates of solicitation.
Said records shall be made available for inspection by the Chief of
Police upon request.
[Amended 6-13-1984 by L.L. No. 6-1984; 10-13-2021 by L.L. No. 1-2021]
Every applicant for a license hereunder shall
submit a verified written application to the Town Clerk supplying
the following information:
A.
Name, permanent
home address and local address, if any, of applicant.
C.
A detailed
statement of the particular business, trade or occupation for which
the license is requested and a description of the goods, wares, merchandise
or commodities offered for sale.
D.
The name
and address of the person, firm or corporation, if any, he represents;
the names and addresses of all partners, if a partnership; the names
and addresses of the principal officers, if a corporation; and the
name and address of a person upon whom a legal process and notice
may be served.
E.
Prior convictions
for fraud, trespass, burglary, assault or a violation of any order
of protection or other relevant court order and the disposition thereof,
including the date and nature of such conviction and location of the
court where such record or disposition is on file.
F.
The number
and kind of motor vehicles to be used in carrying on the business,
and the registration, license and insurance data for each such vehicle
and operators thereof.
G.
Three photographs,
two by two inches in size, taken within 60 days immediately prior
to the date of filing of the application, showing clearly the face
and shoulders of the applicant.
H.
If peddling
or soliciting is to be conducted as a team, group or other organized
party under single leadership or direction, control or sponsorship,
the above‐required personal information shall also be supplied
as to such leader or person in charge and with respect to each other
person, employee or agent so involved.
I.
If such
applicant represents or is the agent for a principal, there shall
be appended to the application a letter or other evidence of authorization
or agency from the principal describing the nature and scope of such
applicant's authority and any restrictions, limitations and conditions
imposed on such applicant by the principal agency or organization
he represents. In addition, copies of each order form, contract or
other form or document to be utilized by the applicant in such sale
or solicitation shall be attached to the application.
J.
Where the
applicant is offering for sale goods, merchandise or commodities required
to be sold by weight, measure or count, as provided under Article
16 of the Agricultural and Markets Law of the State of New York, such
application shall be accompanied by a certificate from the Sealer
of Weights and Measures, having jurisdiction thereof, certifying that
all weighing and measuring devices to be used by the applicant have
been examined and approved.
K.
Any information
regarding the denials of licenses or their revocation by municipalities
within one year of the present application.
[Amended 6-13-1984 by L.L. No. 6-1984; 2-6-2012 by L.L. No.
2-2012; 5-28-2014 by L.L. No. 5-2014]
A fee as set forth in the Standard Schedule of Fees of the Town
of Ramapo shall be paid by each individual to be licensed hereunder,
and said fee, payable to the Town Clerk, shall be applied to the cost
of processing the license applications and otherwise enforcing and
effectuating the objectives of this chapter without, however, imposing
an undue burden on the interstate business activities of any applicant
and provided further that any applicant may apply to the Town Clerk
for an adjustment of such fee where the same appears discriminatory,
unreasonable or unduly burdensome in the circumstances, as shown by
affidavit and appropriate supporting evidence. Thereupon, and with
due deliberate speed, the Town Clerk shall determine whether the fee
fixed hereunder is discriminatory, unreasonable or unduly burdens
the applicant's interstate business activities and shall fix as the
license fee an amount that is fair and reasonable in the circumstances
and file his report thereon in the Clerk's records. Any applicant
aggrieved by a determination of such Town official shall be advised
of his right to appeal such decision to the Supervisor, or his designated
agent, whose determination shall be final.
[Amended 6-13-1984 by L.L. No. 6-1984; 4-24-1991 by L.L. No.
7-1991]
A.
Investigation.
[Amended 10-13-2021 by L.L. No. 1-2021]
(1)
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Town Clerk, and the Town Clerk shall refer the original to the Chief of Police within five business days of receipt by the Town Clerk and then the Chief of Police shall within 10 business days thereafter cause or make such investigation of the applicant's business background as permitted in the provisions of this Chapter 199. If as a result of such an investigation the applicant's business responsibility is found to be in violation of any relevant laws, rules or regulations, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and shall return said application to the Clerk who shall promptly provide the same to the applicant. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(2)
In
the absence of any such finding, the Chief of Police shall find the
application satisfactory, shall endorse his or her approval on the
application and shall return the application to the Clerk who shall
promptly advise the applicant.
B.
Denial or issuance of license.
(1)
If an application is found unsatisfactory by the Chief
of Police and he has endorsed his disapproval upon the application,
the Clerk shall notify the applicant, by certified mail, that the
application is disapproved and shall deny the applicant a license.
(2)
Upon receipt of the fee, application and report of the Police Chief's
investigation, and upon compliance with all the requirements of this
chapter, the Town Clerk shall issue a license to the applicant specifying
the particular business authorized. This license shall be nontransferable.
It shall be in continuous possession of the licensee while engaged
in the business licensed. The license shall be produced upon the demand
of any police or law enforcement officer and shall be exhibited to
each prospective buyer or person solicited before making any offer
or solicitation. All licenses shall be for the following period of
time:
[Amended 5-28-2014 by L.L. No. 5-2014]
(3)
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be registered separately, and each shall pay the appropriate
fee. Upon the expiration of a license, a new license will be issued
upon compliance with all the provisions of this chapter and the payment
of fees and the posting of the bond, except that the investigation
and waiting period therefor may be waived if approved by the Clerk
and Chief of Police.
[Added 4-24-1991 by L.L. No. 7-1991; 10-13-2021 by L.L. No.
1-2021]
A.
Prior to the issuance of any license, the applicant
shall file with the Town Clerk an affidavit or affirmation confirming
that the license holder shall be responsible for any and all damage
while on Town property or any private property in the Town while undertaking
work or services pursuant to any license issued.
[Amended 6-13-1984 by L.L. No. 6-1984; 4-24-1991 by L.L. No.
7-1991]
A licensed peddler or solicitor shall not:
A.
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his
business or offer for sale any provision, food or merchandise that
is unwholesome, unfit, deleterious or harmful to the user of consumer
thereof.
B.
Peddle at or solicit a private residence which has
displayed a sign bearing the words "no peddling or soliciting" or
words of like intent, nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested his departure
therefrom.
C.
Keep the vehicles and receptacles used by him in an
unclean and unsanitary condition, nor the foodstuffs and edibles offered
for sale uncovered and unprotected from dirt, dust, insects, contamination
or spoilage, or as otherwise required by any competent municipal health
authority.
D.
Vend his goods, wares and merchandise in any location
within 250 feet of any other peddler, solicitor and/or private business
vending goods, wares and merchandise of a similar nature.
E.
Sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
F.
Permit any vehicle used by him to stop or remain on
any crosswalk.
G.
Use any noisy device to attract public attention to
his wares or shout or cry out his wares, 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.
H.
Assign or transfer his license to any other person,
and any transfer to or use of such license by any other person shall
be a violation and shall automatically thereupon terminate such license.
I.
Fail to carry his license upon his person or to exhibit
the same upon demand to any police, Town officer or citizen being
solicited or involved in a transaction with him.
J.
Frequent any street, sidewalk or public place so as
to cause a private or public nuisance.
K.
Sell or solicit except between the hours of 9:00 a.m.
and 30 minutes after sunset.
[Amended 10-13-2021 by L.L. No. 1-2021]
L.
Fail to leave all premises promptly upon request of
any occupant of such premises.
[Amended 2-6-2012 by L.L. No. 2-2012]
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, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit of money is paid to the solicitor,
and which shall contain the notice or right of cancellation as below
set forth.
[Amended 6-13-1984 by L.L. No. 6-1984]
As more fully provided and set forth in the
New York State Home Solicitation Sales Act,[1] which is incorporated herein by reference as to rights,
remedies and procedures in any sale, order for purchase or agreement
to buy which was induced by or the result of harassment, intimidation,
abusive conduct, misrepresentation of material facts or high-pressure
tactics by the solicitor, any person or consumer shall have the right
of cancellation as therein set forth upon giving written notice to
the solicitor, by mail properly addressed and postage prepaid, and
notice, the language or tenor of which makes clear the purchaser's
intention to return such goods, wares or merchandise, will be sufficient.
In such event, the seller's failure to tender to the buyer all payment
made by the buyer, with an acknowledgment of his cancellation of the
order, shall be deemed a violation of this chapter and shall subject
the licensee to any penalties hereunder, in addition to any penalties
provided under the New York State Home Solicitation Sales Act.
[1]
Editor's Note: See Personal Property Law § 425
et seq.
[Amended 6-13-1984 by L.L. No. 6-1984; 4-24-1991 by L.L. No.
7-1991]
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Clerk after written notice and a hearing
for any violation of this chapter.
B.
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 hearing. Such notice shall be
mailed to the licensee at least 10 days prior to the date set for
the hearing, except as below set forth. Licenses can be revoked for
any of the following causes:
(1)
Fraud, misrepresentation or a materially incorrect
statement contained in the application for a license.
(2)
Fraud, misrepresentation or a materially incorrect
statement made in the course of carrying on the business of solicitor,
peddler, distributor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime, misdemeanor or violation.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner or in such manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
C.
In addition to the foregoing, the Town Clerk may forthwith
temporarily suspend any license issued pursuant to this chapter upon
receiving information giving reasonable cause to believe that any
licensee hereunder has either violated this chapter by an act involving
moral turpitude, physical abuse, threats, intimidation or harassment
or has been convicted of any violation of this chapter or of any crime
or offense endangering the peace, safety, health or general welfare
of the inhabitants of this Town. Within 10 days after such suspension,
the Town Clerk shall conduct a hearing and issue his or her determination
as to whether the license shall be revoked or reinstated. If such
hearing or determination is not made within said ten-day period, the
license shall be restored automatically.
[Amended 6-13-1984 by L.L. No. 6-1984; 10-13-2021 by L.L. No.
1-2021]
Any licensee aggrieved by any action or determination
of the Town Clerk or any other Town Official pursuant to this chapter
may appeal to the Supervisor of the Town of Ramapo or any agent or
agency he or she may designate, within 14 days after notice of the
action or determination complained of has been mailed to the applicant’s
last known address, by the applicant filing a written statement setting
forth fully the grounds for appeal. The Supervisor or his or her agent
shall set a time and place for a hearing on such appeal, and notice
of such hearing shall be mailed to the applicant's last known address
at least five business days prior to the date set for the hearing.
The decision and order of the Supervisor or his or her agent on such
appeal shall be final and conclusive for the Town. Any person aggrieved
by any such decision and order may challenge that decision or order
by filing pursuant to the time requirements set forth in the provisions
of Article 78 of the New York Civil Practice and Rules, such as an
Article 78 challenge as permitted by law.
The Town Clerk shall keep a record of all applications
and of all licenses granted hereunder, giving the number and date
of each license, the name and residence of the person licensed, the
license fee paid and also the date of revocation of licenses revoked,
if any.
[Amended 6-13-1984 by L.L. No. 6-1984; 2-6-2012 by L.L. No.
2-2012]
Any person violating the provisions of this
chapter shall be liable to a fine of not more than $250 for each violation
and/or not more than 15 days in jail, and each day of such violation
shall constitute a separate offense.
[Amended 4-24-1991 by L.L. No. 7-1991]
The Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter.
