[HISTORY: Adopted by the Town Board of the Town of Gates 4-19-1982 by L.L. No. 1-1982; amended in its entirety 1-4-2016 by L.L. No. 1-2016. Subsequent amendments noted where applicable.]
This chapter shall hereafter be known and may be cited as the "Peddling, Vending and Soliciting Law of the Town of Gates."
The merchandising and/or soliciting of goods, money or services within the Town of Gates and/or along the public highways in said Town has 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.
The parking of vehicles, carts or other receptacles and/or the placing for display or sale of goods, wares or merchandise at or near street intersections and/or along or in close proximity to the edge of pavement of streets in the Town of Gates does or may create distractions to the motoring public and others and has or may cause obstruction to traffic and to the required clear vision zone at intersections, and cause traffic accidents. The purpose of this chapter is to further regulate the merchandising of goods, wares and merchandise along the public highways in the Town of Gates.
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.
- FOOD TRUCK/CART VENDOR
- Any person using a large vehicle or a portable food kiosks or food carts equipped to cook and sell food. Some, including ice cream trucks, sell frozen or prepackaged food; others have on-board kitchens and prepare food from scratch.
- HAWKER AND PEDDLER
- Except as hereinafter expressly provided, any person, either principal or agent, who, from any public street or public place or 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, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except milk, water and newspapers.
- 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 any individual, firm, partnership, corporation, unincorporated association and principal or agent thereof.
- Any person who goes from place to place or house to house 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 any article or thing whatsoever for future delivery. The term "solicitor" shall, however, also mean and include any person requesting funds for any cause whatsoever.
- 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.
Nothing in this chapter shall be held to apply to:
Any sales conducted pursuant to statute or by order of any court.
Any person selling personal property at wholesale to dealers in such articles.
The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
Any honorably discharged member of the armed forces who is physically disabled as a result of the injuries received while in the service of said armed forces and the holder of a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York, as amended or changed.
Nonprofit organizations. Nonprofit organizations and persons working for such organizations shall be exempt from the requirement of procuring a license. However, such organizations shall be subject to the application fee and shall register annually by the application process with the Town Clerk in the event that they plan 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. At the time of application, such organizations shall also offer proof of their nonprofit status as being organized under Section 501C(3) of the Internal Revenue Code of 1986, as amended, and that such organizations maintain a chapter or local organization within Monroe County. Proof should be submitted in the form of evidence of nonprofit filing from the Department of State in the state in which the organization has incorporated.
Children's, veterans' and fraternal organizations. A child residing in the Town and regularly attending any public school district or parochial or private school located, in whole or in part, within the County of Monroe, or a member of a veteran's organization or fraternal organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within Monroe County, is exempt from the provisions of this chapter, provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which he or she is a member or of the school which he or she attends.
Veterans. Any honorably discharged member of the armed forces who is a resident of this state and a veteran of any war, or who shall have served in the armed forces of the United States overseas, and the surviving spouse of any said veterans, are exempt from the application and license fees.
Interstate commerce. This chapter shall not apply so as to unlawfully interfere with interstate commerce.
Certificate of compliance for exemptions. When the applicant shall have established to the satisfaction of the Town Clerk that he or she is entitled to one or more of the above exemptions, the Town Clerk shall issue to him or her a certificate of compliance stating, among other things, that such person has complied with the requirements of this section. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. All certificates issued pursuant to this chapter shall be issued for a period not to exceed one year, nor a shorter term than three months, but in any event shall expire on the 31st day of December following the date of issuance. The securing of any such certificate by fraud or misrepresentation by any person not in fact entitled to one or more exemptions shall constitute a violation of this chapter.
It shall be unlawful for any person within the corporate limits of the Town to act as a hawker, peddler or solicitor or food truck/cart vendor as herein defined or assist the same without first having obtained and paid for and having in force and effect a license therefor and having received a solicitor's permit.
A nonrefundable application fee must be submitted to the Town Clerk prior to receiving an application for a license. Said fee shall be established from time to time by resolution of the Town Board. All funds are to be cash, certified check, money order or credit card.
Any person desiring to procure a license as herein provided is required to furnish the appropriate application fee and file a written application upon a form furnished by the Town Clerk. Along with submission of the written application, the applicant(s) will be subject to a police background check for each person to be soliciting within the Town. The police check will be included as part of the application fee and will be returned to the Town Clerk's office to be included with the application. Such application shall be given to the Town Clerk at least two weeks in advance of the first day of solicitation and shall contain the following information:
The quantity of vehicles and the vehicle identification number, copy of the vehicle registration, plate number, model and make of each vehicle to be used by the applicant in carrying on the business for which the license is desired.
Annual Rochester Fire Department certification and inspection for all food truck/cart vendor vehicles and equipment.
The kind of goods, wares and merchandise he or she desires to sell or the kind of service he or she desires to perform.
The method of distribution.
The name, permanent business address, business telephone number and age of the applicant.
Whether or not the applicant and each solicitor associated therewith has been charged of a misdemeanor or felony and, if so, give the disposition of each such charge.
A police background check of each person to be soliciting within the Town.
An appended letter of authorization including the name and address of the person, firm or corporation he or she represents.
The length of time the applicant desires the license; such a license shall not be issued for a longer term than one year nor a shorter term than three months.
A written, detailed description of the specified proposed plan of operations to be used by the applicant.
Any violation(s) of this chapter or any comparable laws, ordinances, statutes, rules, orders or regulations of any other municipality or of the State Door-to-Door Sales Protection Act, Personal Property Law § 425 et seq., within the past 10 years, by the applicant or any individuals employed by or on behalf of the applicant as a vendor, solicitor or peddler.
Such other information as may be required by the Town Clerk to determine the veracity or to clarify any of the prior statements required in this subsection.
If applicable, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
If applicable, such application shall be accompanied by proof of a professional license held if said license must be used in conjunction with the solicitation.
Application. Except for those organizations which are exempt as outlined in this chapter, the Town Clerk shall issue a license pursuant to a valid application for peddling and soliciting.
Use. A license shall not be assignable. Any holder of such 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 chapter.
Contents. All licenses shall be filed in the Town Clerk's office and shall state clearly the kind of vehicle, if any, to be used and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Display. Every licensee, while exercising his or her license, shall carry the license with him or her and shall exhibit the same upon demand or, if engaged in telephonic solicitation, shall, upon each completed call, immediately state his or her name and address and number of his or her license.
All licenses issued pursuant to this chapter shall be issued for a period not to exceed one year, nor a shorter term than three months, but, in any event shall expire on the 31st day of December following the date of issuance.
License fees, as established from time to time by resolution of the Town Board, shall be paid to the Town Clerk for the license herein required.
Unlawful sales. A hawker, peddler or solicitor shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Sanitary conditions. A hawker, peddler or solicitor shall keep the vehicles and receptacles used by him or her in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
A person shall 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.
Noises. A hawker, peddler or solicitor shall not blow a horn, shout or cry out or use any other noisy device so as to create a public nuisance.
Obstructions. A hawker, peddler or solicitor shall not create or maintain any booth or stand or place any barrel, boxes, crates or other obstructions upon any street, sidewalk, right-of-way, or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
Measuring devices. A hawker, peddler or solicitor shall not use any weighing or measuring device unless the same shall have been examined and sealed by the County Sealer of Weights and Measures.
Hours. A hawker, peddler or solicitor may not sell or vend within 250 feet of any school property between the hours of 8:00 a.m. and 4:00 p.m. on school days, nor enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. or after 1/2 hour before sunset of any day, except upon the prior invitation of the householder or occupant.
Prohibited places. A person shall not perform his or her respective acts and occupations on any property owned or leased by the Town of Gates (excluding public streets) or on any property where it is otherwise prohibited by the owner of such property or by law unless and until an application for a license has been submitted to the Town Clerk and such license has been issued thereby.
It shall be unlawful for any hawker, peddler or solicitor 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 Peddlers," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No person or employee thereof shall use any of the public streets within the Town of Gates as standing places for vehicles, pushcarts, handcarts or other receptacles for the conduct of their business or use said streets to display goods or services offered for sale or the taking of orders therefor.
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.
Regulated activity involving the retail sales of merchandise or the taking of orders therefor shall be permitted only in the zoning districts designated GI, GB, and NB.
No licensee shall park any vehicle, cart or other receptacle used in the conduct of his business, nor display any goods, wares or merchandise, nor display any signs advertising the same, within 35 feet of any street intersection.
No owner, lessee or tenant of corner property shall permit, and no licensee shall park any vehicle, cart or other receptacle, or display any goods, wares or merchandise, whether on public or private property, within the area of the clear vision zone, as required and defined in Article VII of Chapter 190, Zoning.
No licensee, his vehicle or other receptacle used in his business or any goods, wares, or merchandise shall remain upon or otherwise encumber the street in front of or within 50 feet of any premises if the owner, lessee or tenant of such premises objects thereto. Such objection may be filed with the Town Clerk or any police officer.
No licensee shall park his vehicle or other receptacle used in his business, nor display or place any goods, wares or merchandise within 15 feet from the edge of pavement of any street in the Town of Gates.
No licensee shall operate or conduct any business within the Town of Gates without having on his person identification, such as a driver's license or other photo identification, other than the license issued by the Town of Gates.
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 of peddler or solicitor. The Town Clerk may also refuse a license to any person who, in his or her judgment, shall be an undesirable person or incapable of properly conducting such occupation. In addition, the Town Clerk, upon consultation with the Gates Police Department and Town Attorney, where applicable, may revoke any such license upon his or her determination and finding that the regulations and rules herein have been violated. Any applicant who has been refused a license by the Town Clerk may appeal to the Town Board therefor, and the same may be granted or refused by the Town Board.
Licenses or permits issued under provisions of this chapter may be revoked immediately by the Town Clerk upon consultation with the Gates Police Department and Town Attorney. If the licensee has one or more employees, agents or contractors, the revocation hereunder shall apply to all. Revocation may occur for the following reasons:
Fraud, misrepresentation or any false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler, huckster, vendor or solicitor.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving dishonesty or moral turpitude.
Conducting the licensed business 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.
Any breach of stipulations or conditions specified by the Town Board, if any, or any deviation from the terms and agreements upon which a special permit has been granted, as provided herein.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license or revocation of a license, as provided in this chapter, shall have the right to appeal to the Town Board.
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, as shown on the application, 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 his or her last known address at least five days prior to the date set for the hearing.
The granting, refusal, revocation or suspension of a license or permit by the Town Board shall be subject to review pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. Any such Article 78 proceeding must be commenced within 30 days of the mailing of notice of the action sought to be reviewed.
Any person denied a license or registration or whose license or registration has been revoked in accordance with § 140-13 of this chapter shall be ineligible to apply for a new license for a period of six months from the date of such refusal or revocation, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.
Any offense against any provision of this chapter shall be punishable by a fine not less than $50 nor more than $250 or by imprisonment for not more than 15 days, or both.
Each day an offense continues shall be deemed a separate offense.
In addition to the above penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction any offense against any provision of this chapter.