Except as specifically set forth in this chapter, or except
as otherwise required pursuant to applicable provisions of the laws
of the State of New York, it shall be unlawful for any person, within
the limits of the Town of Cochecton, to act as a hawker, peddler or
solicitor, except in accordance with the provisions of this chapter,
and without first having obtained and paid for and having in full
force and effect a license as provided herein.
Every applicant for a license under this chapter shall file
with the Town Clerk a written application, in duplicate, in such form
as may be required by the Town Clerk, which application, at a minimum,
shall state the kind and nature of merchandise the applicant intends
to hawk, solicit, or peddle. In addition, such applicant must provide
the Town Clerk with the following:
A. The sales tax identification number of the applicant or information
to the satisfaction of the Town Clerk that the person's business
does not require a sales tax identification number.
B. If a vehicle is to be used, a description of such vehicle and its
license number.
C. With respect to those applicants whose business involves the sale
or use of food, beverage or foodstuffs, evidence that such applicant
has a license from the New York State Department of Health.
D. Evidence that such applicant complies with any other applicable federal,
state, or local (including Town) laws.
E. Evidence that the applicant will have, in full force and effect during
the entire term of the license applied for, liability insurance with
liability limits as shall be set by the Town Board by resolution.
The fee for each license issued pursuant to this chapter shall
be in an amount as set by the Town Board by resolution.
Licenses issued pursuant to this chapter shall be valid until
the 31st day of December of the year issued. Said license shall not
be assignable or otherwise transferable, shall be carried by the licensee
at all times, and shall be produced upon the demand of any federal,
state, or Town official, or of any person to whom goods or services
are offered for sale.
A licensee shall not operate or park any vehicle used by him
in a manner which will impede the flow of traffic.
The provisions of this chapter shall not be applicable to residents of the Town who are producing or manufacturing items in their home and who are conducting a business from their home in compliance with Chapter
240, Zoning; exempt organizations such as volunteer fireman, ambulance corps, boy or girl scouts, church groups, and schoolchildren sponsoring school fund-raisers; insurance carriers; or dealers in milk, baked goods, petroleum products, newspapers, and other staple items. In addition, no part of this chapter shall be enforced so as to conflict with § 32 of the General Business Law of the State of New York, providing exemptions for veterans.
Appropriate signs, as the Town Board shall deem necessary, shall
be erected by the Highway Department of the Town, at such places within
the Town as the Town Board directs, advising of the existence of this
chapter.