[HISTORY: Adopted by the Town Board of the Town of Maine 5-16-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
The purpose of this chapter is to require the licensing of hawkers,
peddlers and solicitors operating within the Town of Maine in order
to protect the public health, safety, and welfare.
As used in this chapter, the following words shall have the
following meanings:
One who goes from place to place or from house to house or
from street to street or who stands in a street or public way or upon
a sidewalk selling, bartering or offering for sale or barter any items
whatsoever, including but not limited to the following: goods, wares,
merchandise, magazines, food products and farm products.
One who goes from place to place or from house to house or
from street to street or who stands in a street or public way or upon
a sidewalk taking orders for any items whatsoever, including but not
limited to the following: goods, wares, merchandise, magazines, food
products and farm produce, which items are to be delivered in the
future; or for services to be performed in the future; or for making,
manufacturing or repairing any article or thing to be delivered in
the future.
No person shall act as a hawker, peddler or solicitor as herein
defined within the Town limits without first having obtained a license
from the Town Clerk.
A.
No license shall be issued by the Town Clerk unless the following
information is furnished by the applicant for the license:
(1)
The applicant's name, permanent address, and temporary address
(if applicable).
(2)
The applicant's business phone number and social security number.
(3)
The applicant's age and a brief physical description, including
height, weight and color of eyes and hair.
(4)
The applicant's driver's license number and car license
number, make, model and year.
(5)
The company represented and the address of the company.
(6)
Description of the items hawked, peddled or for which orders are
being solicited.
(7)
The length of time during which the applicant intends to remain in
the Town for the purpose of engaging in such activity.
(8)
A statement as to whether any license similar to or like that provided
for in this chapter was issued or denied to the applicant within the
current or prior calendar year, whether in the Town of Maine or elsewhere,
and if issued, whether such license has been revoked, setting forth
the reasons for such revocation.
(9)
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinances; if so, the place
where, the nature of the offense and punishment or penalty assessed
therefor, or if the matter is pending.
B.
The applicant shall also furnish the names of three persons as character
references.
The fees for licenses issued pursuant to this chapter shall
be set forth from time to time by resolution of the Town Board.
No license shall be issued to any applicant who shall have been
convicted of any crime, one of the elements of which is a fraudulent
intent, or to any person whose license has been revoked, unless the
Town Clerk shall find upon good cause that the issuance thereof would
not be contrary to the provisions of this chapter. No license shall
be issued to any person where the Town Clerk finds that the issuance
thereof would be contrary to the provisions of this chapter.
The Town Clerk shall revoke the license of any person who has
made a false statement on their license application or who has been
convicted of a crime, one of the elements of which is a fraudulent
intent, while having in effect a license issued under this chapter.
Notice of revocation shall be sent immediately to such person at the
permanent address listed on the license application.
Each licensee under this chapter, when acting as a hawker, peddler
or solicitor, shall display their license in a prominent location
and shall carry that license with them at all times while acting as
a hawker, peddler or solicitor.
Any person to whom a license is issued under the provisions
of this chapter shall be subject to the following requirements:
A.
All licensees shall conduct themselves at all times in an orderly
and lawful manner.
B.
It shall be unlawful for any person licensed hereunder to use, blow
upon, ring or sound any instrument or thing or to shout or cry out
for the purpose of attracting attention to his or her wares or giving
notice of his or her approach.
C.
Persons licensed hereunder shall make no false statements or misrepresentations
in the course of their activities.
D.
Licensees under this chapter shall not enter in or upon any house
or building or on any land or property where there is posted on the
front of the building or premises a written notice stating that hawkers,
solicitors or peddlers are not desired, unless the licensee has received
the prior consent of the occupant thereof.
E.
It shall be unlawful for any person licensed hereunder, directly
or indirectly, to cause or permit the public streets and places of
the Town to be littered with papers, wrappings or other debris or
refuse.
F.
Any person licensed under the provisions of this chapter shall conduct
his or her activities in such manner as not to interfere with pedestrian
or vehicular use of the public streets and places.
A.
No person shall be required to secure a license under this chapter
who is acting as a hawker, peddler or solicitor on behalf of a religious
or charitable organization, or a not-for-profit corporation as defined
in § 102 of the Not-for-Profit Corporation Law, provided
that said person provides notice of his or her activities to the Town
Clerk.
B.
No person who calls at business places exclusively, or at only those
places where he or she has been requested to call, shall be required
to secure a license under this chapter.
C.
Pursuant to § 35 of the New York State General Business
Law, no honorably discharged member of the Armed Forces of the United
States who is physically disabled as a result of injuries received
while in the service of said Armed Forces, the holder of a license
granted pursuant to § 32 of the New York State General Business
Law, and engaged in hawking, peddling or soliciting without the use
of any but a hand-driven vehicle shall be required to secure a license
under this chapter, provided that said person provides notice of his
or her activities to the Town Clerk.
D.
Pursuant to § 81 of the New York State General Municipal
Law, no producer of farm produce, except hay and straw, or his or
her servants or employees, shall be required to secure a license under
this chapter.
The Town Code Enforcement Officer, or any legally authorized
representative(s) of the Town, as well as any federal, state or county
law enforcement officer, are authorized to enforce this chapter, and
are authorized to issue appearance tickets for violations of the same.
Any person who shall act as a hawker, peddler or solicitor as
herein defined without first securing a license from the Town Clerk
or who shall continue to act as a hawker, peddler or solicitor after
their license has expired or has been revoked shall, on conviction,
be subject to a fine of not more than $250 or to imprisonment for
not more than 15 days, or to both such fine and imprisonment. The
Town may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of the provisions of this chapter.
