[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 12-6-2007 by L.L. No. 7-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 112.
This chapter shall be known and may be cited
as the "Peddler and Solicitor Law of the Town of Wawarsing."
The Town Board of the Town of Wawarsing finds
that although hawkers, peddlers and solicitors possess a limited constitutional
right to conduct legal business within the Town, such conduct may
be reasonably regulated to promote the general health, safety and
welfare of the community. The Board finds that a requirement that
all such hawkers, peddlers and solicitors register with the Town does
not impose an undue restraint and serves the legitimate governmental
purpose of informing the Town of individuals and/or groups making
use of public property and/or conducting business in the Township.
The enactment hereof shall repeal the ordinance of the Town of Wawarsing
adopted June 28, 1955 and known as the "Peddlers and Solicitors Ordinance."
For the purpose of this chapter, the terms used
herein are defined as follows:
Any building, store or depository in which or where the person
transacts business and deals in the goods, wares, merchandise, commodities
or services he hawks, peddles or solicits.
Except as herein expressly provided, any person, principal
or agent who, in any public street or highway or public place (for
the purposes of this chapter, a "public place" shall include but not
be limited to parking lots and entranceways of established places
of businesses), or by going from house to house or place of business,
on foot or on or from any vehicle standing in a street or highway,
sells or barters, offers for sale or barter or carries on exposes
for sale or barter, any goods, wares, merchandise, commodities or
services except as hereinafter exempted. Excluded therefrom are participants
at Town-sponsored/authorized events or festivals.
A person to whom a license has been granted pursuant to this
chapter.
The selling, bartering or trading, or offering to sell, barter
or trade, of any goods, wares, merchandise, commodities or services.
Any natural person, corporation, partnership, association,
legal representative, or any entity of any kind, or legal representative
thereof.
Any person who goes from place or house to house, or stands
in any street or public place, taking or offering to take orders for
or directing others to the place of the sale or barter of goods, wares,
merchandise, commodities or services, except as hereinafter exempted,
or for services to be performed in the future, or for making, manufacturing
or repairing any article or thing whatsoever, for future delivery.
It shall be unlawful for any person, within
the limits of the Town of Wawarsing, to act as a hawker, peddler or
solicitor, as herein defined, except in conformity with the provisions
of this chapter, and without first having obtained and paid for and
having in force and effect a license, as provided herein.
Every applicant for a license under this chapter
shall file with the Town Clerk a sworn written application on a form
to be furnished by said clerk, which shall give or be accompanied
by the following:
A.
Name and physical description of the applicant, setting
forth the applicant's age, height, weight, sex, color of hair and
eyes.
B.
Permanent home address and full local address of the
applicant, together with applicable phone numbers and e-mail address,
if any.
C.
Brief statement of the nature of the business and
a description of the goods, wares, merchandise, commodities or services
to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship, and
the name and address of a person upon whom legal process and notice
may be served.
E.
The length of time for which the license is desired,
which shall not exceed 12 months.
F.
If a vehicle is to be used, a description of such
vehicle and its license number.
G.
The place where the goods or property to be sold or
offered for sale are manufactured or produced, where such goods or
property are located at the time such application is filed and the
proposed method of delivery.
H.
A photograph of the applicant taken within 60 days
immediately prior to the date of the application, which photo shall
clearly show the head and shoulder of the applicant and shall measure
two inches by two inches.
I.
Two business references located in the County of Ulster,
State of New York, or, in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
J.
A statement as to whether the applicant has been convicted
of any crime or misdemeanor, the nature of the offense, and the punishment
or penalty assessed therefor.
K.
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.
L.
If the 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 formal document to be utilized by the
applicant in such sale or solicitation shall be attached to the application.
M.
Where the applicant is offering for sale goods, wares,
merchandise, commodities or services 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.
N.
A statement whether any previous application for a
license was made, and the disposition of the application.
O.
Any additional information required by any competent
Town office or agency in the interest of the health, safety and welfare
of the citizens of the Town.
The fee for each license issued pursuant to
this chapter shall be $150 per year or $50 for a license which is
valid for a maximum of seven days or fraction thereof.
Licenses issued pursuant to this chapter shall
be valid for the time period specified by the registrant on his registration
form, but in no case longer than one year from the date of issuance.
Said license shall not be assignable or otherwise transferable and
shall be produced upon the demand of the Town Clerk, his or her designee,
the Town Code Enforcement Officer, or his or her designee, any law
enforcement officer, or any person to whom goods, wares, merchandise,
commodities or services are offered for sale or barter.
A.
Investigation and Issuance. The Town Clerk, with such
assistance from the Village of Ellenville Police Department, New York
State Police, and Ulster County Sheriff's Department as may be reasonably
necessary, shall investigate all applications and shall thereafter,
with due dispatch, issue or deny such license to the applicant.
B.
Denial. If, after investigation of any application,
the Town Clerk shall deny same, he or she shall endorse on such application
such disapproval and the reason for the same, and the Town Clerk shall
forthwith notify the applicant in writing of such denial and of his
right to appeal such denial. Any person wishing to appeal his denial
may do so within 30 days after notice of denial is sent to him. Any
such appeal shall be determined by the Town Board within 30 days after
notice of appeal, together with a sworn statement by the applicant
why the license denial was improper is delivered to the Town supervisor's
office.
The licensee shall be prohibited from any of
the following acts:
A.
Deceptive practices; threats; unfit food or merchandise.
A licensee shall not 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 use or consumption
thereof.
B.
Disobeying signs or requests to depart. A licensee
shall not peddle at or solicit a private residence which has displayed
the 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.
Maintenance of equipment. A licensee shall keep the
vehicles and receptacles used by him in a clean and sanitary condition,
and the licensee shall keep all foodstuffs and edibles offered for
sale covered and protected from dirt, dust, insects, contamination
or spillage or as otherwise required by any competent municipal health
authority.
D.
Standing. Unless the license shall specifically provide
otherwise, a licensee shall not stand or permit the vehicle used by
him to stand in one place in any public place or street for more than
30 minutes, nor shall said licensee resume operations during the same
business day from a new location within 1/4 mile of said former site
of operation.
E.
School premises. A licensee shall not hawk, peddle,
or solicit any goods, wares, merchandise, commodities or services
within 250 feet of any school between the hours of 7:00 a.m. and 4:00
p.m. on school days.
F.
Traffic congestion. A licensee shall not permit any
vehicle used by him to stop or remain on any crosswalk. Moreover,
a peddler may not occupy any public place in which his presence, with
or without a vehicle, will cause traffic congestion either on the
street or on the sidewalk.
G.
Maintain stand. A licensee, unless expressly authorized
on the license, shall not create, erect or maintain any booth, stand,
or place any barrels, boxes, crates or other obstructions upon any
street or public place for the purpose of selling or exposing for
sale any goods, wares or merchandise.
H.
Noises. A licensee shall not blow a horn, ring a bell
or use any other noisy device in excess of 75 decibels to attract
public attention to his wares or shout or cry out his wares.
I.
Use of license by another. A licensee shall not 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.
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 chapter, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked. Within the Town of Wawarsing, soliciting or peddling shall be prohibited before the hour of 9:00 a.m. or after the later of 8:00 p.m. or 1/2 hour after sunset. Except as otherwise provided, this provision shall not apply to transactions exempt under § 85-11 of this chapter.
A.
Veterans. No part of this chapter shall be in force
so as to conflict with § 32 of the General Business Law
of the State of New York, providing exemptions for veterans.
B.
Exempt organizations. The requirements of this chapter
shall not apply to the following, provided that official uniforms,
clothing or other suitable identification is displayed:
C.
Exempted transactions. Nothing in this chapter shall
be held to apply to:
(1)
Sales conducted pursuant to statute or by order of
any Court.
(2)
Persons selling goods, wares or merchandise at wholesale
to dealers in such articles.
(3)
Merchants having an established place of business
within the Town, or their employees.
(4)
The peddling of meats, fish, fruits and similar produce
by farmers and persons who produce such commodities, provided they
have otherwise complied with any licensing, health and safety requirements
of any other competent governmental body or agency.
(5)
Dealers in milk, baked goods, heating oil, daily newspapers,
and bottled gas.
(6)
Licensed real estate brokers.
A.
Causes. Licenses issued under the provisions of this
chapter may be revoked by the Town Board of the Town of Wawarsing
after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for a license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a hawker, peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Subsequent conviction of any crime or misdemeanor
involving moral turpitude.
(5)
Conducting the business of peddling, hawking or soliciting
in any 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.
Notice of hearing. Notice of hearing for revocation
or refusal of a license shall be given in writing setting forth specifically
the grounds of and the time and place of hearing. Such notice shall
to the licensee at his last known address here and/or personally served
and the refusal upheld by the Town Board after appeal at least 10
days prior to the date set for hearing. The licensee shall be afforded
an opportunity to attend such hearing and offer evidence or provide
a sworn written statement.
C.
New application. No applicant to whom a license has
been refused or who has had a license which has been revoked shall
make further application until a period of at least 12 months shall
have elapsed since the last previous rejection or revocation, unless
he can show that the reason for such rejection or revocation no longer
exists.
D.
Suspension; hearing; revocation by Town Supervisor.
In addition to the foregoing, the Town Supervisor 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 crime or misdemeanor endangering the peace, safety, health,
or general welfare of the inhabitants of this Town. Within 10 days
after such suspension, the Town Board shall conduct a hearing and
issue their determination as to whether the license shall be revoked
or reinstated. The licensee shall be afforded an opportunity to attend
such hearing and offer evidence or provide a sworn written statement.
If such hearing or determination is not made within said ten-day period,
the license shall be restored automatically.
Appropriate signs, as the Town Board of the
Town of Wawarsing shall deem necessary, shall be erected by the Highway
Department of the Town of Wawarsing at such places within the Town
of Wawarsing as the Board directs advising of the existence of this
chapter. However, failure to do so shall not affect the enforceability
of the chapter.
Any person committing any offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment.
This local law shall be effective upon filing
of same with the New York Secretary of State.
