[HISTORY: Adopted by the Town Board of the Town of Horseheads at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
This chapter shall be known as the "Hawkers and Exhibition Law of the
Town of Horseheads."
When used in this chapter, unless otherwise expressly stated or unless
the context of subject matter requires a different interpretation, the following
terms shall have the meanings indicated:
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any car or railroad track or in any public street
or public place or by going from house to house or place of business to place
of business on foot or on or from any animal or vehicle sells or barters,
offers for sale or barters or carries or exposes for sale or barter any goods,
wares or merchandise, except milk, water or newspapers.
Includes, one (1) or more persons, corporations, partnerships, associations,
joint-stock companies, societies and all other entities of any kind capable
of being sued.
Includes any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to take orders
for goods, wares or merchandise, except newspapers, milk and water, or for
services to be performed in the future or for making, manufacturing or repairing
any article or thing whatsoever for future delivery.
Any person who merchandises or sells with the intent to close out
or discontinue such business within a period of one (1) year from the date
of commencement and who occupies a room, building, tent, lot or other premises
for the purpose of selling merchandise.
No person shall within the Town of Horseheads, Chemung County, New York,
act as a hawker, peddler, solicitor or transient merchant as herein defined
without first having obtained a license and having the same in force and effect
as hereinafter provided.
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court, to any person selling personal
property at wholesale to dealers in such articles, to merchants having an
established place of business within the town or their employees for soliciting
orders from customers and delivering the same, to farmers and truck gardeners
who themselves or through their employees vend, sell or dispose of products
of their own farms and gardens, to any honorably discharged soldier, sailor
or marine who has procured a license as provided by the General Business Law
of the State of New York or to persons collecting for any bona fide charitable
organization as determined by the Town Board or Town Clerk. This chapter shall
not apply so as to unlawfully interfere with interstate commence.
Any person desiring to have a license shall file with the Town Clerk
a written application setting forth the following minimum information:
A.
The name, date of birth and resident and business address
of the applicant.
B.
The name, date of birth and resident and business address
of the principal, if the applicant is the agent, including the names and address
of all partners if a partnership, and the names and addresses of the principal
officers if a corporation, and the name and address of a person upon whom
a legal notice may be served.
C.
A general description of the merchandise to be sold or
the kind of service he desires to render.
D.
A general description of the method of distribution to
be used and, if vehicles are involved, the name and address of the owner,
together with registration information.
E.
The length of time that the applicant expects to be making
local distribution and the names and addresses of all solicitors.
F.
Such other information as the Town Clerk may desire.
G.
A statement as to whether the applicant has been convicted
of a felony or misdemeanor and the nature of the offense and the punishment,
in any jurisdiction.
A.
Upon payment of the fees hereinafter set forth, the Town
Clerk shall issue the license applied for, unless it shall appear from the
application or other information that:
(1)
The applicant has not complied with applicable statutes
or other ordinances applying to the application.
(2)
Protection of the public safety, health, morals or general
welfare of the community may be adversely affected.
(3)
The Town Board has, by resolution duly adopted, notified
the Clerk not to issue such license.
B.
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person, and any person who
uses such license granted to any other person, shall be guilty of a violation
of this chapter. Such license shall automatically expire on January 1 following
the date of issuance of such license, but such license may provide for an
earlier expiration date. No license shall be granted to a person under eighteen
(18) years of age. No applicant to whom a license has been refused or who
has had a license which has been revoked shall make further application until
a period of at least six (6) months shall have elapsed since the last previous
rejection or revocation unless he can show that the reason for such rejection
or revocation no longer exists. Every licensee, while exercising his license,
shall carry the license with him and shall exhibit the same upon demand to
any police officer or citizen.
C.
Such license shall give the licensee the right to use
only one (1) vehicle in carrying on the business for which he or she is licensed.
For each additional vehicle so used by him or her, the licensee shall state
the number of vehicles permitted to be used. A licensee may employ an unlicensed
person to assist in selling and delivering his or her wares but such unlicensed
person shall so act only while accompanying a licensed peddler, hawker or
solicitor.
Upon the refusal of the Town Clerk to issue a license to any applicant
or upon the determination of the Town Board that any license should be revoked,
the procedure prescribed in § 137 of the Town Law, as amended, shall
be complied with. When a license shall be revoked, no refund of any unearned
portion of any fee shall be made. Notice of such revocation and the reason
therefor in writing shall be served by the Town Clerk upon the person named
in the application or by mailing the same to the address given in the application,
and a copy of such notice shall be filed with the Town Clerk.
Every licensee, as well as every person holding a license under the
provisions of § 32 of the General Business Law, shall, while engaged
in hawking, peddling or soliciting within the town, carry his or her license
upon his or her person and shall produce and exhibit the same upon demand
of any officer or citizen. The refusal of any such person to produce a license
upon demand shall be presumptive evidence that he is hawking, peddling or
soliciting without a license.
Any licensee hereunder shall not:
A.
Blow a horn, ring a bell or use any other noisy device
to attract public attention to his or her wares or shout or cry out his or
her wares, except that a circus or exhibition may reasonably so advertise
on the premises designated for the holding of such circus or exhibition.
B.
Stand or permit the vehicle used by him or her to stand
in any one (1) place in any public street or place for more than ten (10)
minutes or in front of any premises for any time if the owner of or lessee
of the ground floor thereof objects.
C.
Permit any vehicle used by him to stop or remain on any
crosswalk.
D.
Create or maintain any booth or stand or place any barrels,
boxes, crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
Fees relating to peddling and soliciting shall be as set forth from
time to time by resolution of the Town Board.
