As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in or where the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or solicits
for during regular business hours.
HAWKER AND PEDDLER
Includes, 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, newspapers and
food distributed on regular customer routes.
SOLICITOR
Includes 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 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 at the home or residence of any person who has been solicited
prior thereto by telephone or has responded to any type of advertising media
requiring an appointment or consultation or sales presentation in the home
or place of residence of such person.
It shall be unlawful for any person within the corporate limits of the
Town to act as a hawker, peddler or solicitor as herein defined or to assist
the same without first having obtained and paid for and having in force and
effect a license therefor.
An application for a license as a solicitor who demands, accepts or
receives payment or a deposit of money in advance of final delivery shall
also be accompanied by a cash deposit of $5,000 or a $5,000 surety company
bond or other bond secured by sufficient collateral, said bond to be approved
by the Town Attorney as to form and surety conditioned for making a final
delivery of the goods, wares or merchandise ordered or services to be performed
in accordance with the terms of such order or, failing therein, that the advance
payment on such order be refunded. Any person aggrieved by the action of any
licensed solicitor shall have the right by action on the bond for the recovery
of money or damages, or both. Such bond shall remain in full force and effect,
and in case of a cash deposit, such deposit shall be retained by the Town
for a period of 90 days after the expiration of any such license, unless sooner
released by the Town Board.
[Amended 9-8-2005 by L.L. No. 3-2005]
Any holder of any 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, punishable as provided in §
91-17 hereof.
Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate in lieu thereof, under the original
application and bond, may be issued by the Town Clerk upon the filing with
him by the licensee of an affidavit setting forth the circumstances of the
loss and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in that order in which they
are issued, and shall state clearly the kind of vehicle to be used, the kind
of goods, wares and merchandise to be sold or service to be rendered, the
number of the license, the date of issuance and expiration of the license,
the fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant but
shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
[Amended 9-8-2005 by L.L. No. 3-2005]
A. The license fees for each person licensed as a hawker,
peddler or solicitor shall be in the amounts as set from time to time by the
Town Board as follows:
(1) For a period of six months or less; and
(2) For a period in excess of six months but for not more
than one year.
B. The license fee for each person licensed to assist a
hawker, peddler or solicitor shall be in the amounts as set from time to time
by the Town Board as follows:
(1) For a period of six months or less; and
(2) For a period in excess of six months but for not more
than one year.
C. For the purpose of this chapter, a person who assists
a hawker, peddler or solicitor shall be deemed to be any person who participates
in delivering merchandise or any other items sold, performs any services in
or about the customer's premises or otherwise generally renders aid or
assistance, except participation in selling or soliciting orders.
A license issued pursuant to this chapter may be revoked after a public
hearing as provided in Article 9 of the Town Law.
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,
made 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 is paid
to the solicitor.
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 fee paid and the date of revocation of
all licenses revoked.
A violation of any provision of this chapter is hereby declared to be
a violation and shall be punishable by a fine not exceeding $250 or imprisonment
of not more than 15 days, or both.