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Town of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[HISTORY: Adopted by the Town Board of the Town of Oneonta 9-8-1993 by L.L. No. 6-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 64, Peddling and Soliciting, adopted 4-1-1971, as amended.
This chapter is enacted for the purpose of regulating itinerant merchandising in order that the peace, health, safety, welfare and good order of the town and of the inhabitants thereof shall not be endangered or unduly disturbed.
This chapter is enacted pursuant to the provisions of § 136 of the Town Law of the State of New York.
For the purpose of this chapter, the terms used herein are defined as follows:
ESTABLISHED PLACE OF BUSINESS
Any building, store or depository in which or where the person transacts business and deals in the goods, ware and merchandise he hawks, peddles or solicits.
HAWKER AND PEDDLER
Except as herein expressly provided, any person, principal or agent who, in any public street or highway 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 standing in a street or highway, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except as hereinafter exempted.
MERCHANDISING
Refers to the selling, bartering or trading or offering to sell, barter or trade of any goods, wares, commodities or services.
PERSON
Any individual, firm, partnership, corporation, unincorporated association and all other entities of any kind or any principal or agent thereof.
SOLICITOR
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, 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 corporate limits of the Town of Oneonta, to act as a hawker, peddler or solicitor, as hereinafter defined, without first having obtained and paid for and having in force and effect a license therefor.
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 description of the applicant.
B. 
Permanent home address and full local address of the applicant and all other persons who will be assisting the applicant.
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
The length of time for which the license is desired.
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. 
Two photographs of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches. One such photograph shall be affixed to the license issued by the Town Clerk.
I. 
Two business references located in the County of Otsego, 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, misdemeanor or violation of any municipality ordinance, the nature of the offense and the punishment or penalty assessed therefor.
K. 
Evidence of a certificate from a Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant, if any, have been examined and approved.
L. 
Evidence, if dealing in the sale of prepared foods, of Department of Health approval or, if dealing in raw foods, of compliance with the requirements of the Agriculture and Markets Law of the State of New York.
M. 
Evidence of a valid certificate of authority to collect sales tax pursuant to New York State Tax Law § 1134.
[Added 1-8-2003 by L.L. No. 1-2003]
The application for a license shall be accompanied by a bond or equivalent cash surety to the Town of Oneonta, approved by the Town Attorney, with two sufficient sureties or other sufficient collateral surety, in the penal sum of $5,000, conditioned on the observance of this chapter, the Penal Law of the State of New York and the sanitary regulations of the State of New York and the Town of Oneonta.
Upon receipt of such application, a copy shall be referred to the Town Constable of the Town of Oneonta, which may cause an investigation of the applicant's business and moral character to be made for the protection of the public good. Pursuant to any investigation or report, the Town Clerk shall approve or deny any application. License forms will be prepared and approved by the Town Clerk.
A. 
License fee. Upon filing the application and the bond or cash surety as herein provided, the applicant shall also submit a license fee in an amount as may be established from time to time by resolution of the Town Board.
B. 
License conditions.
(1) 
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 be guilty of any offense against this chapter.
(2) 
Each such license issued shall automatically expire six months from the date of issuance thereof.
(3) 
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.
(4) 
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand to any constable, officer, police officer or citizen.
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.
A licensed hawker, peddler or solicitor shall:
A. 
Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m.
B. 
Not willfully misstate the quantity or quality of any article offered for sale.
C. 
Not offer for sale any unwholesome, tainted, deleterious or diseased provisions or merchandise.
D. 
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
E. 
Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying out or by any loud or unusual noise.
F. 
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or lessee of the premises objects.
G. 
Not create or maintain any booth or 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.
A. 
Causes. Licenses issued under the provisions of this chapter may be revoked by the Town Clerk of the Town of Oneonta 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) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling, hawking or soliciting 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.
B. 
Notice of hearing for revocation or refusal of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five days prior to the date set for hearing.
C. 
In the event that a license shall be revoked, no refund of any portion of the license fee shall be made.
A. 
No part of this chapter shall be enforced so as to conflict with Article 4, § 32, of the General Business Law of the State of New York, providing for exemption for veterans.
B. 
The requirements of this chapter shall not apply to the following, provided that official uniforms, clothing or other suitable identification is displayed:
(1) 
Any person soliciting or collecting for any bona fide charitable, religious, educational, civic or political 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 and met the requirements therefor of the Town of Oneonta.
(2) 
Any such organization as the Boy Scouts, Girl Scouts, local volunteer firemen or local school group.
C. 
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 personal property at wholesale to dealers in such articles.
(3) 
Merchants having an established place of business within the City of Oneonta or Town of Oneonta or their employees.
(4) 
Residents of the City of Oneonta or Town of Oneonta.
(5) 
The peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities within the town.
(6) 
Dealers in baked goods, heating oil and daily newspapers.
(7) 
Sales customarily characterized as "garage" or "yard" sales conducted at the premises of a resident of the town.
(8) 
Licensed real estate brokers.
(9) 
Minors 18 years of age and under engaged in such services as snow shoveling, grass cutting, leaf raking, lawn clearing, newspaper and magazine delivering and collecting and other similar services as an independent contractor.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
This chapter shall become effective immediately as provided by law.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other clause, sentence, paragraph, section or part of this chapter.