[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 8-21-1985 (Part II, Ch. 10, of the 1964 Code); amended in its entirety 5-24-2023 by L.L. No. 6-2023. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety, and general welfare by regulating peddling and soliciting in the Town of Poughkeepsie.
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building in which a person lawfully transacts a business, trade or occupation.
PEDDLER
Any person who engages in the activity of peddling.
PEDDLING
Moving about the Town by foot or vehicle of any kind, from place to place, house to house, door to door, or upon any street or highway, for the purpose of selling and simultaneously delivering, or offering for sale and simultaneous delivery, at retail, any goods, wares, merchandise, or services of any kind whatever. This definition shall not include food trucks, which are regulated by Chapter 114 of the Town Code.
PUBLIC GROUNDS
Lands, other than the public right-of-way, used for public purposes, such as parks and recreation areas.
PUBLIC RIGHT-OF-WAY
Any publicly owned land adjacent to and abutting any public street, road or highway.
SOLICITING
Moving about the Town by foot or vehicle of any kind from place to place, house to house, door to door, or upon any street or highway, for the purpose of attempting to obtain orders for the sale and future delivery of any goods, wares, merchandise or services of any kind, or to take or solicit donations.
SOLICITOR
Any person who engages in the activity of soliciting.
VEHICLE
Any device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway.
It shall be unlawful for any person, except as exempted in § 151-11 herein, to peddle or solicit within the Town of Poughkeepsie without first having obtained a license from the Town Clerk as provided in this chapter.
A. 
An application for a license to peddle or solicit shall be made to the Town Clerk on a form provided by the Town, and shall be accompanied by a nonrefundable application fee in accordance with the Fee Schedule established by the Town Board. The application shall, at a minimum, include the following information:
(1) 
Name, address, email address, and telephone number of the applicant, and of the person, firm or corporation the applicant represents or is employed by, if any.
(2) 
A government-issued photo identification of the applicant.
(3) 
One full-face photograph of the applicant taken within 30 days of the application and measuring at least 1 1/2 inches by 1 1/2 inches.
(4) 
The applicant's place of residence for the past five years.
(5) 
The applicant's business or employer for the past five years.
(6) 
The particular business, trade or occupation for which the license is requested, including a brief description of the nature of the business, trade or occupation, and the kind of goods, wares, merchandise or services to be peddled or solicited.
(7) 
The manner or means of conveyance in which said business, trade or occupation shall be conducted (i.e., by vehicle, on foot, etc.).
(8) 
If the applicant requires the use of weighing and/or measuring devices, a certificate, not more than six months old, issued by the Dutchess County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been inspected and approved.
(9) 
Whether the applicant has ever been convicted of a felony, misdemeanor or violation of any municipal ordinance, except traffic violations, and if so, the date, court, ordinance violated and sentence of the court.
(10) 
Whether the applicant has been previously licensed in any occupation, and if so, when, where and for what periods, and if such previous license was ever revoked, the date of revocation and the reason therefor.
(11) 
Proof that the applicant holds a valid New York State sales tax identification number.
B. 
If a license or permit shall be required by any other governmental agency in connection with the applicant's business, a copy of the same shall be provided.
C. 
Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within 30 days.
A. 
Upon receipt of a complete application, the Town Clerk shall refer a copy of the application to the Town of Poughkeepsie Police Department for such investigation of the applicant to be made as it deems necessary for the protection of the public good.
B. 
If such investigation should prove the applicant to have been convicted of a misdemeanor or a felony, the Police Department shall attach to the application a copy of the applicant's conviction record and shall return the application to the Town Clerk.
C. 
If, as a result of such investigation of the applicant, no police record is found, the Police Department shall attach a statement to the application that it has no police record of the applicant and shall return the application to the Town Clerk.
D. 
The Town Clerk may refuse to issue the license if, in the judgment of the Town Clerk, in consultation with the Police Department, either the conviction renders the applicant unfit or undesirable to carry on the business, trade or occupation involved, or the business is inappropriate for peddling purposes.
E. 
If the application is approved by the Town Clerk and the applicant has paid the license fee pursuant to § 151-6 herein, the Town Clerk shall prepare and issue to the applicant a license. Such license shall contain the Seal of the Town of Poughkeepsie and the signature of the Town Clerk or authorized deputy, and shall show the name, address and photograph of the licensee, the kind of goods, wares, merchandise or services to be peddled or solicited thereunder, the amount of fee paid, the license number, the date of issuance and the date of expiration of such license, as well as the license plate number, make, model and color of any vehicle to be used.
F. 
Any applicant who has been denied a license by the Town Clerk under Subsection D above may apply to the Town Board for a review of such denial. In the event that the Town Board, after formal review thereof, approves the license, the application shall be returned to the Town Clerk, who shall issue the license in accordance with Subsection E above.
G. 
The Town Clerk shall keep a record of all licenses issued, and a list of such licensed peddlers and solicitors shall be posted on the Town's website.
H. 
If the license is lost or stolen, such shall be reported to the Town Clerk within 10 days. Upon such notification, the Town Clerk shall issue a replacement license at a cost to the licensee in an amount as provided in the Fee Schedule established by the Town Board.
I. 
The applicant for a license, by virtue of applying for said license, does expressly authorize the Town to do a background check, including but not limited to his or her driving and criminal record and other background material.
A. 
There shall be a nonrefundable license fee in the amount as provided in the Fee Schedule established by the Town Board.
B. 
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's peddler's license from the Dutchess County Clerk, under § 32 of the General Business Law, to peddle or solicit on the streets and highways within Dutchess County shall be exempt from the requirement to pay the fee in Subsection A above.
All licenses issued pursuant to this chapter shall be valid for one calendar year from the date of issuance, unless sooner terminated or revoked. It shall be the licensee's responsibility to renew their license once expired. The Town shall not be obligated to send out reminder notices or renewal forms.
Every peddler or solicitor licensed under this chapter shall carry on their person the license issued by the Town Clerk at all times when peddling or soliciting, and shall display the same upon demand to any resident, Town official or police officer upon request.
No license issued under the provisions of this chapter may be transferred from one person to another, nor be used or displayed at any time by any person other than the person whose name and photograph appear on the license.
A. 
Prohibited locations.
(1) 
Pursuant to §§ 1157(c) and 1800 of the New York State Vehicle and Traffic Law, no pedestrian shall occupy any part of a state highway in any manner for the purpose of peddling or soliciting, except a veteran holding a peddler's license under §§ 32 and 35 of the General Business Law.
(2) 
No pedestrian shall occupy any part of a county or Town highway in any manner for the purpose of peddling or soliciting.
(3) 
It shall be unlawful to peddle or solicit within 500 feet of any established place of business which, in the judgment of the Town Clerk, sells similar items or services for similar uses or consumption.
(4) 
It shall be unlawful to peddle or solicit within 250 feet of any place of worship during services, or any place occupied or used as a public or private school or college while in session.
B. 
Prohibited parking.
(1) 
No person shall park a vehicle on public grounds or on privately owned lands for the purpose of peddling or soliciting.
(2) 
No person shall park a vehicle in the public right-of-way for the purpose of peddling or soliciting unless the vehicle is lawfully parked.
(3) 
It shall be unlawful for any peddler or solicitor to permit their vehicle to park or stand in any one public place for more than four hours. After four hours in any one public place, said peddler or solicitor must move their vehicle a distance of not less than 500 feet from said place.
C. 
Prohibited acts.
(1) 
It shall be unlawful for any person to engage in peddling or soliciting before 9:00 a.m. or after sunset or after 7:00 p.m., whichever is earlier.
(2) 
It shall be unlawful for any peddler or solicitor in plying their trade to enter upon any premises or property, or to ring the doorbell 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.
(3) 
It shall be unlawful for any peddler or solicitor in plying their trade to enter property on which there exists an apartment complex, a mobile home park, or a shopping complex without the permission of the owner of such property to do so.
The provisions of this chapter shall not apply to:
A. 
Any person who is at a premises at the request or invitation of the owner or occupant of the premises.
B. 
Any person selling to, or attempting to obtain orders from, a business for resale or for use in their business.
C. 
Any person selling farm produce grown or produced by the seller thereof.
D. 
Any person soliciting on behalf of, or selling for, any charitable or nonprofit organization.
E. 
Peddlers and solicitors at outdoor community events that have obtained a permit under Chapter 76 of the Town Code.
F. 
Peddlers and solicitors at outdoor community events authorized by the Town Board.
Any of the following shall constitute a violation of this chapter:
A. 
Failure to properly obtain a valid license under this chapter.
B. 
Fraud or misrepresentation contained in the license application.
C. 
Fraud or misrepresentation made in the course of carrying on business as a peddler or solicitor.
D. 
Conduct in an unlawful manner or which creates a public nuisance, or otherwise constitutes a danger to the public health, safety, and welfare.
E. 
Failure to comply with any provisions of this chapter.
F. 
Conviction of any crime involving moral turpitude.
A. 
The Town Clerk may issue a notice of intent to suspend or revoke a peddler's license for any violation of this chapter. The notice of intent to suspend or revoke shall describe the violation and require the licensee to immediately cease operations and correct the violation or cause the violation to be corrected.
B. 
The notice of intent may be given personally to the licensee or in writing by mail to the licensee at the address shown on the application.
C. 
If the licensee fails to immediately correct the violation or cause the violation to be corrected, the Town Clerk shall suspend or revoke the license.
D. 
A licensee shall be entitled to request a hearing on suspension or revocation before the Town Board, upon application made to the Town Clerk, in writing, demonstrating that the licensee was not in violation of the license. Any suspension or revocation remains in effect unless modified by the Town Board. The Town Board shall hold a hearing to determine whether to reverse the suspension or revocation within 30 days of receipt of the written request.
A. 
Violations of this chapter may be enforced by any law enforcement agency that has jurisdiction in the Town of Poughkeepsie or their duly authorized representatives.
B. 
The individuals identified in Subsection A are authorized to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law, and to prosecute the violation in court, and are authorized to issue orders to remedy and notices of violation to enforce the provisions of this chapter.
C. 
Each occurrence or incident shall constitute a separate offense. If a violation continues for more than a twenty-four-hour period, each day shall constitute a separate offense.
D. 
A violation of this chapter or any part thereof shall constitute an offense punishable as follows:
(1) 
By a civil penalty:
(a) 
Not to exceed $500 for a first offense;
(b) 
Not to exceed $1,000 for a second offense; and
(c) 
Not to exceed $1,500 for a any subsequent offense; and/or
(2) 
By a fine:
(a) 
Not to exceed $1,500 for a first offense;
(b) 
Not to exceed $2,500 for a second offense; and
(c) 
Not to exceed $3,500 for any subsequent offense; and/or
(3) 
By imprisonment for a term of not more than 15 days; and/or
(4) 
By any combination thereof.