This newly enacted chapter shall be known, in the Town Code
of the Town of New Windsor, as "Peddling, Soliciting, Canvassing and
Temporary or Transient Merchants."
When used in this chapter, the following terms shall have the
meanings indicated below:
CANVASSER
Any person who, by going from house to house or business
to business or any combination thereof, predominantly seeks contributions,
fundraisers, petitions, solicits membership, disseminates information
or conducts activities which would not be characteristic of a peddler
or solicitor.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, military veterans, not-for-profit,
educational or religious association, society or organization qualified
as a tax-exempt organization under Section 501 of the Internal Revenue
Code; or any governmental entity or organization, including, without
limitation, a school district, fire district or fire company.
ENFORCEMENT OFFICIAL
All Town-employed building inspectors, code enforcement officers,
and police officers shall be recognized as enforcement officials as
referenced in this chapter.
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in goods, wares, merchandise,
commodities or services in the ordinary and regular course of business.
PEDDLER
Any person who, in any street or public place or by going
from house to house or from place to place, or any combination thereof,
on foot or from any vehicle, sells or barters, or offers for sale
or barter, or carries or displays for sale or barter, any goods, wares,
merchandise or services. For the purposes of this chapter, any entity
which engages a person as their agent for the purposes of peddling
is also considered a "peddler" and is subject to all provisions herein.
PERSON
Any individual, including veterans of the armed forces of
the United States, any firm, partnership, corporation, company, association
or joint-stock association, church, religious sect, religious denomination,
society, organizations or league, and any trustee, receiver, assignee,
agent or other representative thereof.
PROPERTY
Any goods, wares, merchandise or other article or thing of
every kind or nature except newspapers.
SOLICITOR
Any person, either principal or agent, traveling either by
foot or by any conveyance from place to place, from house to house,
from street to street, or any combination thereof, who takes or offers
to take orders for the sale of any goods, wares or merchandise for
present or future delivery, or for the performance of future services,
whether or not he collects advance payments for such sale or service.
For the purpose of this chapter, any entity which engages a person
or their agent for the purpose of soliciting is also considered a
solicitor and is subject to all provisions herein.
STATE HIGHWAY
Highways within the Town of New Windsor classified as state
highways pursuant to Highway Law § 3, Subdivision 1, and/or
designated as such on the Official Highway Map of the New York State
Department of Transportation showing the location of state highways.
TEMPORARY OR TRANSIENT BUSINESS
A retail or wholesale business conducted from a temporary
structure or tent, truck, van, trailer, stand, parking lot, or vacant
parcel of land, in a public right-of-way or in or on any other place
in Town, excluding the outdoor sale of property or services accessory
to a business conducted within a permanent structure on the same premises
or the sale of food products raised or produced on the same premises
from a temporary or seasonal stand, provided that the principal structure
or activities otherwise comply with the zoning and other laws, regulations
and ordinances of the Town.
TEMPORARY OR TRANSIENT MERCHANT
A person, as defined above, who chooses a specific location
within the Town upon which to erect or park a cart, tent, wagon, truck,
stand or any other vehicle or structure, from which they seek to engage
in peddling, soliciting, canvassing or any other activity, with the
intent to return to the same location for such purpose each day. This
category shall include, but not be limited to, temporary, off-premises
roadside stands established for the purpose of selling vegetables,
fruit or other farm products; food trucks or wagons; Christmas trees;
and any nonperishable goods. All such temporary or transient merchants
seeking to operate a temporary or transient business, as defined below,
must have the written permission of the owner(s) of the location from
which they wish to engage in the aforementioned activity and, before
any permit shall be issued for same, a special use permit for such
operations must be obtained from the Town Planning Board.
No person shall engage in the business of peddling, soliciting, canvassing, or as a temporary or transient merchant, as defined in §
217-3 of this chapter, without first having obtained, and having in full force and effect, a permit for same as herein provided.
No permit to peddle, solicit, canvass or to engage in temporary
or transient merchandising shall be required for:
A. Any sales conducted pursuant to statute or by order of any court.
B. Any Town-sponsored event.
C. Any wholesaler selling property, as defined herein, or services to
dealers or merchants who have an established place of business in
Town.
D. Any person soliciting at the express invitation of the person solicited
or serving an established customer.
E. Any child 18 years of age or under who resides within the Town of
New Windsor and who solicits or peddles on behalf of a charitable,
religious, athletic, social, educational or civic organization, including
but not limited to the Boy Scouts, Girl Scouts, Cub Scouts, Brownie
Scouts, or clubs, classes or organizations sponsored by a school that
serves children living within the Town of New Windsor of which such
child is a member.
F. Any regularly established retailer in the Town of New Windsor, and
their duly appointed agents, servants and employees, seeking to sell
or promote goods or services where their established place of business
is located.
G. Any farmer producing meat, fish, fruit and/or other farm produce
on their own land located within the Town of New Windsor, or person
with an established place of business located within the Town of New
Windsor, provided that they have otherwise complied with all applicable
laws, licensing, and health and safety requirements of any other competent
governmental body or agency, as well as the Zoning Code of the Town,
and all sales take place from a stationary location upon property
owned or leased by the seller of such goods.
H. Any charitable organization, as defined herein, or its agents or
employees; excluding, however, any door-to-door peddling, soliciting
or canvassing.
I. Any honorably discharged veteran seeking to peddle or solicit, including,
but not limited to, those to whom General Business Law § 32
apply, who shall be required to file an application with the Town
for same, as set forth below, but shall be exempt from any Town-imposed
fees associated with such application and shall be exempt from any
restrictions and prohibitions set forth below, unless specifically
indicated otherwise.
J. Any person conducting a business or activity performing a service
pursuant to a license issued by the United States government, the
State of New York, or by any business service or activity licensed
for such activity under any other law, regulation or ordinance of
the Town of New Windsor.
K. Any candidate, or representative of any candidate, running for public
office.
Each applicant for a permit hereunder shall submit to the Town
Clerk a written verified application containing the following information:
A. The name, home address, email address, cell phone number, date of
birth, social security number and motorist identification number of
the applicant and, if applicable, the name and business address of
the corporation, firm, association, club, partnership, or other organization
for which the applicant seeks a permit, along with the name and contact
information of the person in charge of the organization's solicitation,
peddling, canvassing and/or transient merchandising efforts and proof
of the applicant's employment for same;
B. The applicant's work history for the past five years, with references
and contact information for same;
C. The applicant's age, height, weight, eye color and hair color;
D. Two color photographs of the applicant, passport size, taken not
more than 60 days' prior to the date of filing of the application;
E. A personal statement from the applicant, attesting to whether they
have any criminal convictions, along with information regarding any
prior municipal ordinance violations (other than traffic) and, if
applicable, a statement setting forth the applicable court and disposition
for each;
F. If the applicant seeks to have others peddle, solicit or canvass
in connection with the permit they seek, the same personal information
for all such persons as that which is required, per this chapter,
for the applicant;
G. A description of the vehicle or vehicles to be used in connection
with approval of the permit sought, with proof of registration and
insurance for all, a copy of the applicant's driver's license,
and a copy of the driver's license for all others that may drive
in connection with the permit sought;
H. If the applicant proposes to distribute any literature or written
material, a copy of same shall be provided with the application;
I. An itemized statement of all property, goods or services for which
the applicant and/or those working with the applicant wish to sell
or solicit orders;
J. Written consent provided by the applicant, and every person who may
peddle, solicit, canvass or sell on behalf of same, allowing the Town
of New Windsor Police Department to secure the results of a criminal
background check, via fingerprint submission, if requested, all costs
of which shall be the sole responsibility of the applicant seeking
a permit pursuant to this chapter;
K. A copy of any applicable permit issued by the County or State Health
Department;
L. If the applicant, or anyone who may peddle, solicit, canvass or sell
on behalf of same, intends to go from house to house or place to place,
the route to be followed, and the dates and times of such activity;
M. If the applicant is a nonprofit corporation of the State of New York,
a certified copy of its certificate of incorporation, together with
any amendments or supplements thereto;
N. Designation of persons upon whom legal service may be made, along
with instructions on how proper legal service may be made, if applicable;
and
O. Such other information as the Town Supervisor, Town Board, Town Clerk,
Town Attorney or Town Police Department may determine from time to
time.
Any person aggrieved by the decision of the Town Clerk with
reference to the revocation of a permit shall have the right to appeal
to the Town Board of the Town of New Windsor. Such appeal shall be
taken by filing, within 14 days after notice of the action complained
of has been mailed, by regular mail, to such person's last known
address, a written statement setting forth fully the grounds for the
appeal. The Town Board shall set a time and place for a hearing on
such appeal, and notice of such hearing shall be mailed to the applicant,
by regular mail, at the applicant's last known address, at least
five business days' prior to the date set for the hearing. The
decision and order of the Town Board on such appeal shall be final
and conclusive.