[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.
This chapter shall be known as the "Peddling, Vending and Soliciting
Ordinance of the Town of Hamlin."
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.
As used in this chapter, the following terms shall have the
meanings indicted:
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.
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.
Unless otherwise specified, shall be construed to mean license
or special permit as required by this chapter.
The selling, bartering or trading of or offering to sell,
barter or trade any goods, wares, commodities or services.
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.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
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.
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.
[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.
[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.
[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.
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.
[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.
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.
