Town of Hamlin, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hamlin 2-13-1995 by L.L. No. 2-1995 (Ch. 80 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 336.

§ 384-1 Title.

This chapter shall be known as the "Peddling, Vending and Soliciting Ordinance of the Town of Hamlin."

§ 384-2 Purpose.

The purpose of this chapter shall be to preserve the public peace and good order in the Town of Hamlin and to contribute to the peace, welfare and good order of its people by licensing the occupation of peddler as herein defined and thereby identifying and regulating the conduct of persons engaged in the same.

§ 384-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicted:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares, commodities or services he peddles, vends or solicits in the ordinary and regular course of business.
GARAGE AND LAWN SALES
A household sale conducted by or with permission of a residential homeowner, not to exceed four consecutive selling days, for the purpose of selling used household goods.
LICENSE
Unless otherwise specified, shall be construed to mean license or special permit as required by this chapter.
MERCHANDISING
The selling, bartering or trading of or offering to sell, barter or trade any goods, wares, commodities or services.
PEDDLER, 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.
PERSON
Includes any individual, firm, partnership, corporation, unincorporated association and principal or agent thereof.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure or structure of any kind intended to be occupied for the period of time necessary to peddle, vend or solicit the merchandise or products therein housed initially without the intent to replenish or restock such goods, wares or merchandise sold therein.

§ 384-4 License required.

It shall be unlawful for any person, firm, association or corporation within the jurisdiction of this chapter to act as a peddler, vendor or solicitor, as herein defined, without first having obtained the license prescribed by this chapter.

§ 384-5 Exemptions; certificate of compliance for exemptions.

[Amended 6-10-2013 by L.L. No. 5-2013; 12-8-2014 by Ord. No. 7-2014]
A. 
Nothing is this chapter shall be held to apply to:
(1) 
Any sales conducted pursuant to statute or by order of any court.
(2) 
Any person selling personal property at wholesale to dealers in such articles.
(3) 
The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
(4) 
Any honorably discharged member of the armed forces who is physically disabled as a result of the injuries received while in the service of said armed forces and the holder of a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York, as amended or changed.
(5) 
Any person soliciting at the express invitation of the person solicited.
(6) 
Any person participating in a political campaign falling with the geographical jurisdiction of the Town of Hamlin.
B. 
Exempt organizations:
(1) 
Nonprofit organizations. Nonprofit organizations and persons working for such organizations shall be exempt from the requirement of procuring a license. However, such organizations shall be subject to the application process and shall register annually by the application process with the building inspector in the event that they plan to engage in vending, hawking, peddling or soliciting and shall indicate the type of activities to be undertaken and the time when they will be performed. At the time of application, such organizations shall also offer proof of their nonprofit status as being organized under Section 501C(3) of the Internal Revenue Code of 1986, as amended, and that such organizations maintain a chapter or local organization within Monroe County. Proof should be submitted in the form of evidence of nonprofit filing from the Department of State in the state in which the organization has incorporated.
(2) 
Children's, veteran and fraternal organizations. A child regularly attending any public school district or parochial or private school located, in whole or in part, within the Town of Hamlin, or a member of a veterans organization or fraternal organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within Monroe County, is exempt from the provisions of this chapter, provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which he or she is a member or of the school which he or she attends.
(3) 
Veterans. Any honorably discharged member of the armed forces who is a resident of this state and a veteran of any war, or who shall have served in the armed forces of the United States overseas, and the surviving spouse of any said veteran must comply with the application process but is exempt from payment of any license fee.
C. 
Interstate commerce. This chapter shall not apply so as to unlawfully interfere with interstate commerce.
D. 
Certificate of compliance for exemptions. When the applicant shall have established to the satisfaction of the building inspector that the applicant is entitled to one or more of the above exemptions, the building inspector shall issue to the applicant a certificate of compliance stating, among other things, that such applicant has complied with the requirements of this section. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. All certificates issued pursuant to this chapter shall be issued for a period not to exceed one year, nor a shorter term than three months, but in any event shall expire on the 31st day of December following the date of issuance. The securing of such certificate by fraud or misrepresentation by any person not in fact entitled to one or more exemption shall constitute a violation of this chapter.

§ 384-6 Application for license.

[Amended 6-10-2013 by L.L. No. 5-2013; 12-8-2014 by Ord. No. 7-2014]
A. 
Any person desiring to procure a license as herein provided is required to file a written application upon a form furnished by the Building Inspector. Along with submission of the written application, the applicant must obtain a police background check of each person to be soliciting within the Town. The police check must be made at the applicant's expense, must be obtained from the town or city where each solicitor resides and be personally provided to the Building Inspector's office. Such application shall be given to the Building Inspector at least two weeks in advance of the first day the applicant proposes to solicit and shall contain the following information:
(1) 
The vehicle identification number, copy of the vehicle registration, plate number, model and make of each vehicle to be used by the applicant in carrying on the business for which the license is desired.
(2) 
The kind of goods, wares and merchandise he or she desires to sell or the kind of service he or she desires to perform.
(3) 
The method of distribution.
(4) 
The name, permanent business address, business telephone number and age of the applicant.
(5) 
Whether or not the applicant and each solicitor associated therewith has been convicted of a misdemeanor or felony and, if so, give the date of conviction, the nature of the offense, the penalty imposed and the name and address of the court.
(6) 
A police background check of each person to be soliciting within the Town. The police check must be made at the applicant's expense and must be obtained from the town or city where each solicitor resides.
(7) 
The name and address of the person, firm or corporation he or she represents.
(8) 
A written, detailed description of the specified proposed plan of operations to be used by the applicant.
(9) 
Any violation(s) of this chapter or any comparable laws, ordinances, statutes, rules, orders or regulations of any other municipality or of the New York State Door-to-Door Sales Protection Act (Personal Property Law § 425 et seq.) within the past 10 years, by the applicant or any individuals employed by or on behalf of the applicant as a vendor, solicitor or peddler.
(10) 
Such other information as may be required by the building inspector to determine the veracity or to clarify any of the prior statements required in this subsection.

§ 384-7 Term of license; issuance; denial.

[Amended 6-10-2013 by L.L. No. 5-2013; 12-8-2014 by Ord. No. 7-2014]
A. 
Upon receipt of the application and the license fee and if reasonably satisfied with the applicant's qualifications, the Building Inspector shall issue a license to the applicant, specifying the particular business and method of business operations authorized. This license shall be nontransferable 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 customer or police officer.
B. 
All licenses pursuant to this chapter shall be issued for a period of one year.
C. 
All licenses pursuant to this chapter shall be issued by the Building Inspector, who shall keep an accurate and permanent record of the name, address and occupation of the licensee and the date of issuance and expiration of the license.
D. 
A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which, in the judgment of the Building Inspector, renders the applicant unfit or undesirable to carry on the trade or occupation of peddler or solicitor. The Building Inspector may also refuse a license to any person who, in his or her judgment, shall be an undesirable person or incapable of properly conducting such occupation. Any applicant who has been refused a license by the Building Inspector may appeal to the Town Board therefor, and the same may be granted or refused by the Town Board, following a public hearing at which the applicant has the opportunity to be heard.

§ 384-8 License fees.

A. 
The Town Board of Hamlin shall, from time to time by resolution, establish a schedule of fees to be paid for any license issued pursuant to the provisions of this chapter.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Town Clerk.
B. 
All fees shall be payable at the time of the issuance of the license and shall be paid in cash or certified funds.

§ 384-9 Restrictions.

A. 
A peddler, vendor or solicitor, 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 service 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 protected from dirt, dust and insects.
(6) 
Be in compliance with any and all federal, state and/or county laws pertaining to his business.
(7) 
Not stand, hawk, peddle or solicit funds on the premises of any business establishment without the written consent of the owner or individual, agency or organization responsible for the management and/or operation of the same.
(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 1/2 hour before sunset of any day.
B. 
It shall be unlawful for any peddler or solicitor 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.

§ 384-10 Revocation of license; notice.

[Amended 6-10-2013 by L.L. No. 5-2013; 12-8-2014 by Ord. No. 7-2014]
A. 
Grounds for revocation. The Hamlin Town Board, following a public hearing at which the licensee shall have the opportunity to be heard, may revoke a license if it determines the licensee is an undesirable person or incapable of properly conducting the trade previously licensed. Revocation may occur for the following reasons:
(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 the business as peddler, vender or solicitor.
(3) 
Any violation of this chapter.
(4) 
Conviction of any felony or misdemeanor involving dishonesty or moral turpitude.
(5) 
Conducting the licensed business in any 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. 
Appeals. Revocation of a license by the Town Board shall be subject to review pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. Any such Article 78 proceeding must be commenced within 30 days of the mailing of notice of revocation.
C. 
No refund. In the event a license is revoked, a licensee shall not be entitled to a refund of any portion of the fee.

§ 384-11 Penalties for offenses.

Any person who shall act as a peddler, vendor or solicitor, 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 or solicitor 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 imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense.