Town of Elma, NY Chapter 105 Peddling and Soliciting

[HISTORY: Adopted by the Town Board of the Town of Elma 12-17-1997.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also provided that it shall take effect 12-17-1997.

§ 105-1 Purpose.

The purpose of this chapter shall be to improve and promote the health, safety and general welfare of the community and the preservation of property and protection of the property of the Town of Elma and its residents by declaring and enforcing certain regulations and restrictions pertaining to peddling and solicitation by making certain that any firm or person engaged in solicitation of business or performance of the same is registered with the Town of Elma. The Town of Elma, by registering these individuals does not approve, endorse or recommend any person, business or entity applying for this permit or any product being offered.

§ 105-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CONTRACTOR

Any person, firm, partnership or corporation engaged in new construction, repair, altering or improving any property vacant or occupied.

PEDDLER

Any person who shall engage in peddling as hereinafter defined.

PEDDLING

The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his possession or control, upon any of the streets, roads or highways or from house to house within the Town of Elma; provided, however, that the word "peddling" shall not apply:

A. To the selling or offering for sale of bread or bakery products, milk or milk products, ice cream products, daily papers or any other person soliciting or selling recognized products with routes that have been heretofore regularly established within the Town of Elma.

B. To the selling or offering for sale of insurance by insurance agents or brokers licensed under the insurance laws of the State of New York.

PERSON

Any natural person, association, partnership, firm or corporation.

REGISTERING

Providing the Town Clerk with the information necessary to obtain a permit but with no requirement to obtain a license. Registering with the Town Clerk is not approval by the Town Board of the goods or services offered.

SOLICITING

The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets, roads or highways or from house to house within the Town of Elma. The word "soliciting" shall not apply to the exemptions as outlined in this chapter.

TRANSIENT RETAIL BUSINESS

A retail or wholesale business conducted in a temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right-of-way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three months or more in duration, sealed by monetary consideration, shall be presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation.

§ 105-3 Registration and permit requirements.

A. No person shall engage in soliciting or peddling, contracting or as a transient retail business within the Town of Elma without first procuring a permit from the Town Clerk.

B. Any person, firm, corporation, partnership or organization as defined § 105-2, Definitions, who wishes to conduct business to receive remuneration not exempted under this chapter shall register with the Town Clerk of the Town of Elma.

C. No permit shall be issued until an application has first been filed with the Town Clerk by the person seeking the permit.

(1) The application shall require the applicant to set forth his name; address; sex; date of birth; previous criminal record, if any; the name, address and phone number of the person for whom he works, if any; the type or types of article, device, subscription, contribution, service or contract which he desires to sell or for which he wishes the permit to be issued, not exceeding 60 days; the type of vehicle he uses, if any; and its registration and license number. Such application shall be referred to the Building Department of the Town of Elma for review and approval, and after such approval has been received, the applicant shall be eligible for the issuance of such permit. Insurance forms shall be completed and attached. Contractor's registration shall be one calendar year.

(2) If the applicant is a corporation, the application shall include the name, address and phone numbers of the officers of the corporation, including one person from the corporation that may be contacted 24 hours a day.

(3) Where a person makes this application for himself and one or more helpers, all applicable personal information specified above shall be required to be given for each helper, and an individual permit shall be required and issued to each helper. No permit issued under this chapter shall be transferable from one person to another.

(4) Each applicant must provide satisfactory evidence that employees of the applicant are covered by worker's compensation, if necessary, and public liability insurance, if necessary, with limits of at least $100,000 per person and $300,000 for each bodily injury accident occurrence and a minimum of $50,000 for property damage liability. The applicant shall be responsible for furnishing the Town of Elma with copies of current certificates of insurance demonstrating that the applicant has appropriate insurance coverage in place.

D. Subcontractors working for a general contractor on a site are exempt on that site only. Registration cards are not transferable.

§ 105-4 Compliance with other laws required.

It shall be the duty of all contractors, solicitors, peddlers and transient retail businesses to comply with all applicable state laws, including Article 36-A of the State General Business Law, state codes, local laws and/or ordinances relating to the various activities engaged in by the contractor.

§ 105-5 Offenses enumerated.

A. Entering a private residence or place of business in the Town of Elma by a solicitor or peddler, as defined herein, for the purpose of selling or offering for sale or for soliciting orders for goods, wares, merchandise, contracts or personal services, or remaining in a private residence or the premises thereof, or any place of business or on the premises thereof, after the owner or occupant thereof shall have requested any solicitor or peddler to leave, or going in and upon the premises of a private residence or place of business by a solicitor or peddler, as defined herein, for any such purposes when the owner or occupant has displayed a "no soliciting" sign on such premises, is prohibited and declared to be an offense.

B. It shall also be an offense for failure to register in compliance with this chapter.

§ 105-6 Penalties for offenses.

Any person, firm, partnership, corporation or any other entity violating any of the provisions of this chapter shall be subject to a fine of not more than $250 for each violation or to imprisonment for a period not exceeding 15 days for each such violation, or to both such fine and imprisonment, except when a punishment is expressly prescribed in such provisions. Unless otherwise provided, each day and each home or business solicited on which a violation occurs shall be considered and/or deemed a separate violation for purposes of this chapter.

§ 105-7 Permit to be carried at all times.

Each person licensed under the provisions of this chapter shall keep with him the permit issued by the Town Clerk at all times he is engaged in his business and upon demand of any police officer or other lawful authority or of any person being solicited by the permittee to produce the permit issued to him.

§ 105-8 Revocation of permit.

Any permit issued pursuant to this chapter may be revoked by the Town Clerk upon the order of the Town Board for proper cause and in the interest of public safety.

§ 105-9 Issuance of permit; conditions.

Each solicitor, peddler, contractor or transient retail business shall be issued a permit unless he shall have been convicted of a crime involving moral turpitude or engaged in a business not permitted by law. This permit shall be valid on weekdays between the hours of 9:00 a.m. and 5:00 p.m. from the date of issuance for a period of 60 days thereafter, in the case of a solicitor, peddler or transient retail business, or one year in the case of a contractor, which permit shall not be transferable, but shall be revocable in the event of violation of the terms and conditions thereof.

§ 105-10 Records of registration, supervision.

The Town Clerk of the Town of Elma shall keep a record of all registrations to whom permits have been issued under this chapter, and the Building Inspector and law enforcement agencies in the Town of Elma, as well as Special Police of the Town of Elma, shall supervise the activities of all the holders of such permits.

§ 105-11 Exemptions.

Exemptions are as follows:

A. Notwithstanding any of the provisions herein contained, any person, corporation, partnership or association engaged in charitable, benevolent, patriotic, religious or school purposes native to the Town, or engaged in selling produce or products raised in the Town of Elma which are offered for sale, who are soliciting shall be permitted to obtain a permit for compliance with the regulations hereof, without payment of any fee thereof.

B. Persons under the age of 19 years shall not be required to register and obtain a permit as heretofore provided for if they are soliciting for any purpose directly connected with a religious, charitable, benevolent, school or service organization native to the Town of Elma.

C. Farmers. The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.

D. Charitable organizations. Bona fide not-for-profit organizations or bona fide professional fund-raisers duly registered pursuant to Article 10-A of the Social Welfare Law[1] of the State of New York or persons specifically exempted from the provisions of said Article 10-A of the Social Welfare Law pursuant to § 482-a[2] thereof.

[1] Editor's Note: Former Art. 10-A was repealed by Chapter 669 of the Laws of 1977. See now Executive Law Art. 7-A.

[2] Editor's Note: Former § 482-a was repealed by Chapter 669 of the Laws of 1977. See now Executive Law § 172-a.

E. Veterans and widows of veterans. An honorably discharged member of the Armed Forces of the United States who is a resident of the County of Erie, State of New York, and a veteran of any war, or who, being a resident of the County of Erie and State of New York, shall have served in the Armed Forces overseas, and the widow of any such veteran, if she is a resident of the County of Erie and State of New York, shall have the right to hawk, peddle, vend and sell goods, wares or merchandise or solicit trade upon the streets and highways within the Town of Elma, provided that said person complies with § 32 of the General Business Law of the State of New York.

F. Local civil, educational or similar groups. Solicitation for contributions or subscriptions sponsored by local civic, educational or political or governmental groups, provided that the organization has registered with the Town Clerk. No fee shall be required for these organizations.

G. Sales conducted pursuant to statute.

H. Sales conducted pursuant to the order of any court.

I. Any person selling personal property at wholesale to dealers in such articles.

J. The sale of fruit and vegetables raised on the property where being sold.

K. Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York.

L. Persons soliciting, collecting or operating a sale on behalf of any bona fide charitable educational, scientific, health, religious, patriotic or other organization of worthy cause deemed to be in the public interest.

M. Any person selling personal property at a garage sale held at his residence.

§ 105-12 Fees.

No permit shall be issued under this chapter until the proper fee shall be paid to the Town Clerk in the sum of $25 per person for solicitation and peddling. The permit fee for contractors shall be the sum of $25 per person or corporation. The renewal fee shall be $10.