[HISTORY: Adopted by the Town Board of the Town of Coxsackie 5-14-1991 by L.L. No.
4-1991. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling
and Soliciting Law of the Town of Coxsackie."
A.
The merchandising and/or soliciting of goods, money or services within
the Town of Coxsackie 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.
B.
The parking of vehicles, carts or other receptacles and/or the placing
for display or sale 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 Coxsackie 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. A further purpose of this chapter is
to regulate the merchandising of goods, wares and merchandise along
the public highways in the Town of Coxsackie.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
A person who engages in the act or occupation of selling
or offering for sale, from a fixed location or locations at times
and from time to time, goods, wares or merchandise, meats, fish and
produce from any portable cart, stand vehicle or display device of
any nature.
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, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by going
from house to house, place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
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.
It shall be unlawful for any person within the jurisdiction
of the Town of Coxsackie to act as a peddler, huckster, vendor, solicitor,
commercial traveler or itinerant vendor, as herein defined, without
first having obtained and paid for and having in force and effect
a license as hereinafter provided.
A.
Every applicant for a license is required to submit to the Town Clerk
a written application supplying, under oath, the following information:
(1)
Name of the applicant.
(2)
Permanent home residence.
(3)
Temporary address.
(4)
Name and address of the firm represented, if any.
(5)
The length of time for which the license is required.
(6)
A description of the goods, wares, commodities or services to be
offered for sale.
(7)
All felonies or misdemeanors with which the applicant has been charged
and the disposition of each such charge.
B.
To the application must be appended a letter of authorization from
the firm which the applicant purports to represent.
C.
Whenever it is required by this chapter that written permission of
the owner of private property is necessary, such written permission
describing the property to be used shall be submitted by the applicant.
D.
If the applicant has one or more employees who will work in the Town,
the same information must be supplied as to each employee.
Upon receipt of the application and the license fee and if reasonably
satisfied with the applicant's qualifications, the Town Clerk
shall issue a license to the applicant specifying the particular business
authorized. This license shall be nontransferable and shall be in
the continuous possession of the licensee while engaged in the business
licensed. The license shall be produced upon the demand of any Town
official, prospective buyer, police officer or sheriff.
The Town Clerk shall keep a record of the applications, the
determinations thereon and of all licenses issued in accordance with
this chapter. The record shall contain the name and residence of the
person licensed, the location of the business, the amount of the license
fee paid and the date of revocation of all licenses revoked.
Effective January 1, 1990, all licenses issued hereunder shall
be for a period of not more than 30 days. Such license may be renewed
during the calendar year of the initial issuance for successive thirty-day
periods at 1/2 the fee charged for the initial issue thereof. All
licenses shall expire on the 31st day of December following the date
of issue.
A.
A peddler, vendor, solicitor, huckster, itinerant vendor or commercial
traveler, whether licensed or exempt from licensing pursuant to the
provisions of this chapter, shall:
(1)
Not willfully misstate the quantity or quality of any article or
services offered for sale.
(2)
Not willfully offer for sale any article of an unwholesome or defective
nature.
(3)
Not call attention to his goods by blowing a horn, by shouting or
crying out or by any loud or unusual noise.
(4)
Keep the vehicle and/or receptacles used by him in the furtherance
of his licensed business in a sound, clean and sanitary condition.
(5)
Keep his edible articles offered for sale well-protected from dirt,
dust and insects.
(6)
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.
(7)
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.
(8)
Not enter upon private property for the purpose of peddling or soliciting
before the hour of 9:00 a.m. of any day or after 8:00 p.m. of any
day, except upon invitation of the householder or occupant.
B.
It shall be unlawful for any peddler, huckster, vendor, solicitor,
itinerant vendor or commercial traveler in plying his trade 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.
C.
No person or employee thereof shall conduct or carry on any occupation
or activity for which a license is required herein on property owned
by the Town of Coxsackie or any district thereof.
D.
No person or employee thereof shall use any of the public streets
within the Town of Coxsackie 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.
E.
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.
F.
No licensee shall park any vehicle, cart or other receptacle used
in the conduct of his business, nor display any goods, wares or merchandise,
or display any signs advertising the same within 35 feet of any street
intersection.
G.
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.
H.
No licensee shall park his vehicle or other receptacle used in his
business, nor display or place any goods, wares or merchandise with
15 feet from the edge of pavement of any street in the Town of Coxsackie.
I.
No licensee shall operate or conduct any business within the Town
of Coxsackie without having on his person identification, such as
a driver's license, identification card or any other identification,
other than the license issued by the Town of Coxsackie.
A.
Licenses issued under provisions of this chapter may be revoked by
the Town Board of the Town of Coxsackie after notice and hearing for
any of the following causes.
(1)
Fraud, misrepresentation or any false statement contained in the
application for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler, huckster, vendor, solicitor,
itinerant vendor or commercial traveler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling 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.
The Town Clerk, upon receiving information giving him reasonable
cause to believe that the holder of any license issued hereunder has
violated any provision of this chapter or has been convicted of any
violation referred to in this section or has been indicted or charged
with or for any crime or offense or has been convicted of any crime
or offense, may forthwith temporarily suspend such license until a
hearing is held by the Town Board as provided herein, and the Town
Board shall have issued its determination hereon.
C.
Notice of a hearing for revocation of a license shall be given in
writing, setting forth specifically the grounds of the complaint and
the time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
D.
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees determined to be in
violation of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 150-5 of this chapter, shall have the right to appeal to the Town Board of the Town of Coxsackie. 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, 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 last known address at least five days prior to the date set for the hearing. The granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.
A.
The provisions of this chapter shall not apply to the following:
(1)
Any person soliciting at the express invitation of the person solicited.
(2)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Town.
(3)
A child regularly attending any public, parochial or private school;
veterans' organizations; fraternal organizations; civic groups;
churches; or religious organizations or sects; provided, however,
that such child or member of an exempt organization as herein listed
shall carry on an otherwise regulated activity only in connection
with an authorized activity of the school which such child attends
or another school which has authorized such child to carry on the
activity or the organization of which he is a member or another exempt
organization which has authorized such member to carry on the activity,
and further provided that prior to the commencement of such activity,
the school or the exempt organization for which the activity is to
be carried on shall notify the Town Clerk, in writing, of the intention
of such school or organization to conduct such activity in the Town
of Coxsackie, together with a brief description thereof.
B.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
Any person who shall act as a peddler, huckster, vendor, solicitor,
commercial traveler or itinerant vendor, as herein defined, without
a license, or who shall violate any of the provisions of this chapter
or who shall continue to act as peddler, vendor, huckster, solicitor,
commercial traveler or itinerant vendor subsequent to the revocation
of his license shall be guilty of an offense and shall be punishable
by a fine of not less than $50 nor more than $250. Each day on which
such violation continues shall constitute a separate offense.
