This chapter shall be known and may be cited as the "Peddling,
Vending and Soliciting Law of the Town of Amenia."
The merchandising and/or soliciting of goods, money or services
within the Town of Amenia and/or along the public highways in said
town has subjected or may subject its inhabitants to unscrupulous
practices, annoyance and danger. The purpose of this chapter is to
protect established businesses and 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.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL TRAVELER
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.
ESTABLISHED PLACE OF BUSINESS
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.
ITINERANT VENDOR
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, shrimp, lobster
tails, clams, mussels, oysters, fish, meat and produce from any portable
cart, stand, vehicle or display device of any nature.
MERCHANDISING
The selling, bartering or trading of or offering to sell,
barter or trade any goods, wares, commodities, food or services or
the taking of orders therefor.
PEDDLER, HUCKSTER, VENDOR and SOLICITOR
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.
PERSON
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
TEMPORARY OCCUPANCY
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 Amenia 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.
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 for a definite
period of time and shall be in 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. If issuance of a license is refused by the Town Clerk
or revoked, the applicant shall not be issued a new license for a
period of one year thereafter. If a license is issued and utilized
on a vehicle, it shall be required to be visibly shown.
The Town Clerk shall keep a record of the applications and 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, the license period and the date of revocation of all licenses
revoked.
All licenses hereunder shall expire no later than the license
period for which issued.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in §
88-5 of this chapter, shall have the right to appeal to the Town Board of the Town of Amenia. 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 the 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.
[Amended 4-18-1991 by L.L. No. 1-1991]
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 punishable by a fine
of not less than $50 nor more than $250 or by a term of imprisonment
not exceeding 15 days, or both. Each week that such violation continues
shall constitute a separate offense.