It is the intent of the Town Board of the Town
of Colonie to regulate the activities of peddlers in order to preserve
the peace, safety and general welfare of the Town and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
PEDDLER
Any person traveling by foot, wagon, automotive vehicle or
any other type of conveyance, from place to place, from house to house
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale
or making sales and delivering articles to purchasers or who, without
traveling from place to place, shall sell or offer the same for sale
from a wagon, automotive vehicle, railroad car or other vehicle or
conveyance, and further provided that one who solicits orders and
as a separate transaction makes deliveries to purchasers as a part
of a scheme or design to evade the provisions of this chapter shall
be deemed a peddler subject to the provisions of this chapter. The
word "peddler" shall include the words "hawker" and "huckster."
PERSON
Includes any individual, firm, corporation, club, society,
partnership, unincorporated association and any principal or agent
thereof.
It shall be unlawful for any person to act as
a peddler, as herein defined, in the Town of Colonie without having
lawfully obtained a license from said Town.
[Added 8-10-1995 by L.L. No. 15-1995]
A. Notwithstanding anything inconsistent or to the contrary herein, every applicant for a special event vendor's license under this chapter, for events not exceeding three days' duration, must file with the Town Clerk, or with the Chief of Police or his designee when the Town Clerk's office is not open during regularly scheduled office hours, a sworn application in writing, in duplicate, on a form to be furnished by the Town Clerk or Police Department, as the case may be, which shall otherwise conform to the requirements contained in §
140-4 of this chapter, except for those requirements contained in §
140-4A(8),
(13) and
(14) of this chapter.
B. In all instances when an application for a three-day
special event license is filed with the Police Department hereunder,
all the power and authority granted to the Town Clerk pursuant to
this chapter shall be vested in the Chief of Police or his designee
for such purposes, including, without limitation, the authority to
investigate and issue such licenses.
C. At the time of filing the application, a nonrefundable
application fee shall be paid to the Town Clerk or Police Department,
as the case may be. The amount of all fees shall be in accordance
with the fee schedule established by Town Board resolution.
D. A three-day special event license shall be valid for
a period of up to three successive calendar days for not more than
one sales location or mobile cart.
E. To the extent practicable, the Town Clerk or Police
Department, as the case may be, shall notify the applicant of his
or her decision within two hours of receipt of a fully completed application.
F. If approved, such license issued hereunder shall conform to the requirements contained in §
140-5C,
D and
E of this chapter, except that no photograph shall be affixed to any such license.
[Amended 12-2-1993 by L.L. No. 13-1993]
A.
(1) A truck gardener or a farmer who himself or through
his employees sells produce of his own farm or garden or orchard on
his own property.
(2) A wholesaler selling merchandise to dealers or merchants
who have an established place of business within the Town.
(3) Any person soliciting at the express invitation of
the person solicited or soliciting to established customers.
(4) Any school group, veterans', fraternal or charitable
organization, volunteer firemen's association, religious, civic or
service group or other nonprofit organization or association that
maintains a chapter within the Town of Colonie.
B. A veteran, as set forth in § 32 of the General Business Law, shall be exempt from the provisions of §
140-4D of this chapter pertaining to the payment of a license fee.
It shall be the duty of any police officer in
the Town of Colonie to require any person seen peddling and who is
not known by such officer to be duly licensed to produce his peddler's
license and to enforce the provisions of this chapter against any
person found to be violating the same.
The Town Clerk shall keep a record of all applications,
the determinations thereof and all licenses issued and their date
of termination and/or revocation and shall maintain a record for each
license issued of the reports of violation relative thereto.