A peddler or solicitor acting as such within
the Town of Tonawanda, exclusive of the Village of Kenmore, shall
first obtain a permit therefor as provided in this chapter.
A.
A permit under this section shall only be issued to
a natural person. Each natural person desiring a permit shall submit
an application therefor. An application to act as a peddler or solicitor
in the form prescribed by the Town of Tonawanda Police Department
shall contain the following information:
(1)
The name, home address and local address, if any,
of the applicant.
(2)
A physical description of the applicant, setting forth
the applicant's age, height, weight and color of hair and eyes.
(3)
The name and address of the person, firm or corporation
for whom or through whom orders are to be solicited or cleared.
(4)
The nature of the goods, wares or merchandise for
which orders are to be solicited.
(5)
Honorably discharged members of the armed forces shall
also state the county from which they secured their license, pursuant
to the General Business Law, together with the date and number of
such license.
(6)
A statement as to whether the applicant has been arrested
or convicted of any crime or misdemeanor and, if so, what.
(7)
A statement as to the period during which the applicant
intends to solicit orders.
(8)
Such other information as the Town of Tonawanda Police
Department shall reasonably require.
B.
The applicant, at the time of executing such application,
shall also submit identification, reasonably satisfactory to the Town
of Tonawanda Police Department, which shall contain a specimen of
the applicant's signature.
C.
Following the submission of an application for a permit
as required by this chapter, the Town of Tonawanda Police Department
shall approve or disapprove the application within 14 days of the
receipt thereof. The denial of any application shall specify the reason
therefor. Such reason must relate to the protection of the public
safety, health, morals or general welfare of the residents of the
town. The Town of Tonawanda Police Department shall deny any application
by any person who shall have been convicted of any crime or of any
violation of this chapter or who, upon investigation, is not found
to be a person of good moral character and reputation.
Such permit shall be revoked automatically upon
conviction of a crime or violation of this chapter and is subject
to cancellation or suspension by the Town of Tonawanda Police Department
if the permittee shall be found not to be a person of good moral character
and reputation.
[Amended 6-7-2004 by L.L. No. 4-2004; 8-8-2011 by L.L. No.
4-2011]
The fee per person for a peddler's or solicitor's
permit shall be $50 for each month said permit is valid, for a maximum
period of up to six months during any calendar year. This fee can
be changed by resolution of the Town Board.
[Amended 6-7-2004 by L.L. No. 4-2004]
Permits issued pursuant to this chapter shall
expire on the date listed on the permit.
No permit shall be transferable from one person
to another.
Honorably discharged members of the Armed Forces
of the United States who obtain a license pursuant to the provisions
of § 32 of the General Business Law shall, in addition thereto,
file a further application with the Town of Tonawanda Police Department
for the issuance of a local permit. The application for such local
permit shall state the veteran's name, residence at the time of the
application, nature of goods to be sold and, if the applicant is working
on a commission or percentage basis for any person, firm or corporation,
the name and business address of such person, firm or corporation.
This application shall be signed by the applicant, and the name on
this application and on the original certificate of honorable discharge
shall be compared by the Town of Tonawanda Police Department to ascertain
if the person so applying is the same person named in the original
certificate of honorable discharge. The Town of Tonawanda Police Department,
when satisfied, shall issue to such former member of the Armed Forces
of the United States a permit, without charge, certifying him to be
entitled to the benefits of this chapter; provided, however, that
nothing in this chapter shall prevent or in any manner interfere with
the soliciting or peddling without the use of any but a hand-driven
vehicle in any street, avenue, alley, lane or park of the town by
any honorably discharged member of the Armed Forces of the United
States who is disabled as a result of injuries received while in the
service of said armed forces and who is the holder of a license granted
pursuant to § 32 of the General Business Law.
Within the Town of Tonawanda, exclusive of the Village of Kenmore, soliciting or peddling shall be prohibited before the hour of 9:00 a.m. or after the later of 8:00 p.m. or 1/2 hour after sunset. Except as otherwise provided, this provision shall not apply to transactions exempt under § 146-11 of Article II of this chapter.
[Amended 8-8-2011 by L.L. No. 4-2011]
Except as otherwise provided herein, the following transactions
shall be exempt from the provisions of this chapter:
C.
The peddling
of milk or farm produce by farmers who produce such commodities.
D.
Peddlers
or solicitors when peddling or soliciting at nonresidential premises
located in the Restricted Business, General Business, Performance
Standards Use or General Industrial Districts of the Town of Tonawanda,
outside the Village of Kenmore.
E.
The delivery
of food, goods, wares, merchandise, magazines, periodicals, produce,
services or other commodities previously ordered by the occupant of
the premises to which the same is delivered or on which the services
are to be performed.
F.
The delivery
of newspapers.
H.
The delivery
of advertising matter, literature, pamphlets, samples or handbills
by representatives of the United States Government or the Government
of the State of New York or some political subdivision thereof carrying
out its regular duties.
I.
The sale or offer for sale, barter or exchange of any property or privilege whatsoever from any lands or premises located within the boundaries of a town park or recreation area. However, any person proposing to sell or offer for sale, barter or exchange any property or privilege whatsoever from a town park or recreation area located in the Town of Tonawanda is required to comply with § 142-11 of Chapter 142 of the Code of the Town of Tonawanda.
[Added 8-8-2011 by L.L.
No. 4-2011]
No charitable organization shall engage in soliciting before it files with the Town of Tonawanda Police Department a list of the names, addresses and dates of birth of the persons who will conduct the activity on its behalf and a statement of the time period during which the solicitations shall occur. It shall be the responsibility of such organizations to furnish identification for their representatives which must be exhibited upon demand. This requirement shall not apply to persons under the age of 18 years, as set forth in § 146-7.
The Town of Tonawanda Police Department may
require reports from any permittee hereunder at any time and at such
intervals as, in its discretion, it may deem necessary for the protection
of the public welfare. The Town Police Department may investigate
and require reports from any organization or individual which it has
cause to believe is violating the provisions of this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
No person shall sell or offer for sale, barter or exchange any goods, wares, merchandise, magazines, periodicals, produce, service or any other article or thing whatsoever from a temporary structure, unless that person has obtained approval for such temporary structure by the Town Board, a permit for the temporary structure is obtained from the Code Enforcement Officer and a peddler's or solicitor's permit is obtained from the Town of Tonawanda Police Department under Article II hereof. These permits must be displayed at all times in a conspicuous place outside of such place or structure.
No person shall sell or offer for sale, barter or exchange any goods, wares, merchandise, magazines, periodicals, produce, service or any other article or thing whatsoever, except for newspapers from a coin-operated vending machine when permitted by the Town Board or otherwise authorized by law, from any vacant property, whether publicly or privately owned, located in the Town of Tonawanda, unless that person has obtained approval for such actions from the Town Board and a peddler's and solicitor's permit is obtained from the Town of Tonawanda Police Department under Article II hereof. The Town Board can disapprove of such actions based on the protection of the public safety, health, morals and general welfare of the town.
