[HISTORY: Adopted by the Town Board of the
Town of Niskayuna 6-3-1986. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All persons who are now or who shall hereafter engage in
canvassing and/or soliciting for the sale of or subscription to newspapers,
magazines, books, pamphlets or other publications or materials and
soliciting or canvassing for contributions for or subscriptions to
any purpose by going from house to house and/or business to business
and/or house to business within the limits of the Town or who engage
in any such activities on public property or from a nonpermanent location
within the Town, whether such person is the principal or an employee,
agent or representative of any other person, firm or corporation,
shall first procure a permit to do so as described herein from the
Town Clerk or any Deputy Clerk.
[Amended 5-22-2018 by L.L. No. 2-2018]
Except as herein provided, all persons who are now engaged
or who shall hereafter engage in purchasing, buying, bartering, selling,
peddling, hawking or vending goods, wares and merchandise or other
property, or soliciting orders or subscriptions for the sale or purchase
thereof, or for work, labor or services to be rendered to residents
of or businesses in the Town by going from house to house and/or business
to business and/or house to business within the limits of the Town
or engaging in any such activities on public property or from a non-permanent
location within the Town, whether he or she is the principal or an
employee, agent or representative of any other person, firm or corporation,
shall first procure a permit to do so as described herein from the
Town Clerk or any Deputy Town Clerk.
[Amended 5-22-2018 by L.L. No. 2-2018]
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
A.Â
Generally, nothing in this chapter shall apply to
sales conducted pursuant to statute or by order of any court or to
any person selling personal property at wholesale to dealers in such
article.
B.Â
The licensing provisions of this chapter shall not
apply to merchants having an established place of business within
the Town of Niskayuna or their employees; to farmers and truck gardeners
who, themselves or through their employees, vend, sell or dispose
of the products of their own farms or gardens; to any veteran who
has procured a license from the State of New York pursuant to § 32
of the General Business Law; to party plans; or to calls in response
to a prior invitation.
C.Â
Charitable, religious, fraternal and civic organizations.
[Amended 5-22-2018 by L.L. No. 2-2018]
(1)Â
This chapter shall not apply to solicitations by charitable, religious,
fraternal or civic organizations which have or maintain a regular
place of worship, chapter, lodge, troop or other regular meeting place
within the Town of Niskayuna or a municipality contiguous to the Town
of Niskayuna.
(2)Â
Charitable, fraternal, religious or civic organizations not described
above shall be exempt from license fees but shall be required to obtain
a license and must comply with all restrictions contained in this
chapter. Such organizations, while exempt from license fees, will
not be exempt from background check fees.
D.Â
This chapter shall not apply to a mobile industrial
caterer. The term "mobile industrial caterer," as used in this chapter,
shall mean and include any retail dealer operating from a motor vehicle
with which to travel from place to place on a regularly scheduled
basis in order to stop at business locations and construction sites
in the Town for the purpose of selling or offering for sale such items
as coffee, doughnuts, sandwiches, milk, candy, cigarettes and snacks.
A "business location," as used in this definition, shall not mean
a retail store or an office area but shall be limited to factories,
warehouses and places of manufacturing and construction.
[Amended 5-22-2018 by L.L. No. 2-2018]
It shall be unlawful for any person within the corporate limits
of the Town of Niskayuna to act as a merchant, dealer, vendor, hawker,
peddler, canvasser, or solicitor as herein defined without first having
obtained and paid for and having in force and effect a license therefor.
[Amended 5-22-2018 by L.L. No. 2-2018]
A.Â
Every applicant for a license under this chapter must file with the
Town Clerk a sworn application, in writing, in duplicate, on a form
to be furnished by the Town Clerk, which shall give the following
information:
(1)Â
The name and address of the applicant, both legal and local, if different.
(2)Â
The date of birth.
(3)Â
The citizenship of the applicant.
(4)Â
The social security number of the applicant.
(5)Â
A brief description of the nature of the business and the goods to
be sold.
(6)Â
The expected inclusive dates of soliciting activity.
(7)Â
Three photographs of the applicant, two inches by two inches in dimension,
taken within 30 days of the date of the application. Such photographs
shall show the head, full face and shoulders of the applicant. One
copy of the photo shall be attached to the application, one to the
license and one shall be delivered to the Chief of Police of the Town
of Niskayuna.
(8)Â
A list of all other municipalities in which the applicant has peddled
within the last three years, giving inclusive dates of such activities;
also, a list of previous peddler's license permit numbers, noting
which are still in effect.
(9)Â
The name and address of the firm or organization represented, if
any.
(10)Â
An itemized statement of all merchandise or services to be sold or
offered for sale, including a price list.
(11)Â
A letter of authorization from the firm or organization the applicant
purports to represent, if applicable.
(12)Â
If a vehicle is to be used, a description of the same, together with
license number or other means of identification.
(13)Â
A statement as to whether or not the applicant has been convicted
of any felony, misdemeanor or violation of any municipal ordinance,
state, federal or local law, the nature of the offense and the punishment
or penalty assessed therefor.
(14)Â
A signed and notarized authorization form allowing the Town to conduct
a criminal history search and run a criminal history report with the
costs of such report to be covered by the applicant.
(15)Â
If applicable, a copy of an up-to-date certificate showing compliance
with the State and County Department of Health regulations.
B.Â
If the applicant has one or more employees, agents or representatives soliciting in the Town of Niskayuna, the information in Subsection A(1) through (15), inclusive, must be supplied as to each employee, agent or representative. Each employee, agent or representative must appear in person with the completed application and picture I.D. to qualify for a license.
[Amended 5-22-2018 by L.L. No. 2-2018]
An application for a license as a canvasser or solicitor who
demands, accepts or receives payment or deposit of money in advance
of final delivery shall also be accompanied by a bond to the Town
of Niskayuna approved as to form surety by the attorney employed by
the Town Board. The bond shall be in the sum of $1,000 with a sufficient
surety or sureties or sufficient collateral security, conditioned
for making a final delivery of the goods, wares or merchandise ordered
or services to be performed in accordance with the terms of such order
or, failing therein, that the advance payment on such order be refunded.
Any person aggrieved by the action of any licensed canvasser or solicitor
shall have the right by action on the bond for the recovery of money
or damages, or both. Such bond shall remain in full force and effect;
and in case of a cash deposit, such deposit shall be retained by the
Town of Niskayuna for a period of 90 days after the expiration of
any such license unless sooner ordered by the Town Board.
[Amended 7-18-2000 by L.L. No. 3-2000; 7-27-2010 by L.L. No. 7-2010; 11-23-2010 by L.L. No. 11-2010; 5-22-2018 by L.L. No. 2-2018]
A.Â
Upon receipt of such application by the Town Clerk, the Town Clerk
shall cause such investigation of the applicant's business and moral
character to be made as s/he deems necessary for the protection of
the public good.
(1)Â
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Town
Clerk shall endorse on such application his disapproval and the reasons
for such disapproval and shall notify the applicant that his application
is disapproved and that no license will be issued. No license shall
be refused except for a specific reason and for the protection of
the public safety, health, morals or general welfare. Additionally,
an incomplete application or an application containing false information
may result in denial.
(2)Â
If,
as a result of such an investigation, the character and business responsibility
are found to be satisfactory, the Town Clerk shall endorse on the
application his approval and issue a license to the applicant for
the carrying on of the business applied for.
B.Â
The Town Clerk must notify the applicant of his decision within 15
working days of receipt of the application.
C.Â
At the time the applicant picks up his/her license from the Town
Clerk, the Town Clerk shall also issue an identification card for
the individual licensed and a card for the vehicle to be used in the
peddling/solicitation activity. The identification card shall bear
the words "Licensed Peddler - Town of Niskayuna," the period for which
the license is issued and the number of the license in letters and
figures plainly discernible. The identification card shall be attached
to the vehicle used by the licensee and shall be worn constantly by
the licensee on the front of his or her hat or outer garment in such
a way as to be conspicuous during such time as such licensee is engaged
in peddling.
D.Â
A license shall not be assignable. For all licenses issued pursuant
to this chapter, the license issued shall not authorize any person
except the designated person named in said license to engage in business
thereunder. Said license shall not be transferable from the person
to whom it was issued to any other person. A separate license must
be obtained by a licensed peddler, hawker, vendor, merchant, canvasser,
or solicitor for every employee or agent working for him/her. Any
holder of such license who permits it to be used by any other person
and any person who used such license granted to any other person shall
be guilty of a violation of this chapter.
E.Â
Whenever a license shall be lost or destroyed on the part of the
holder or his agent or employee, a duplicate in lieu thereof, under
the original application and bond, may be issued by the Town Clerk
upon filing with him by the licensee of an affidavit setting forth
the circumstances of the loss and what, if any, search has been made
for its recovery. A fee of $25 will be charged for a duplicate license.
F.Â
Such license shall automatically expire on December 31 of the year
following the date of issuance of such license, but such license may
specifically state and provide for an earlier expiration date. Such
license shall include the right to use only one vehicle in carrying
on the business for which the person is licensed.
G.Â
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 one year shall have elapsed since the last previous
rejection or revocation, unless he can show that the reason for such
rejection no longer exists.
H.Â
License fees. At the time of filing the application, a fee for the
initial application and for each additional employee's application
shall be paid to the Town Clerk to cover the cost of investigating
and administering the application. In addition, there will be a separate
fee per each applicant, employee, agent or representative for conducting
a criminal history search. Applications for renewal shall be accompanied
by a fee, including a fee for each additional employee, as long as
no more than one year has elapsed since expiration of the former license.
All fees are nonrefundable. Fees for licenses described in this chapter
shall be established from time to time by resolution of the Town Board
of the Town of Niskayuna.
I.Â
Records. The Town Clerk shall keep a record of all applications,
the determinations thereof and all licenses issued and their date
of termination and/or revocation and shall maintain a record for each
license issued of the reports of violation relative thereto.
[Amended 5-22-2018 by L.L. No. 2-2018; 2-25-2020 by L.L. No. 1-2020]
A.Â
Licenses issued by the Town Clerk pursuant to this chapter may be
revoked by the Town Clerk after notice and an opportunity to be heard
for any of the following causes:
(1)Â
Any violation of this chapter.
(2)Â
Conviction of any felony, misdemeanor or violation involving moral
turpitude.
(3)Â
Any fraud, misrepresentation or false statement contained in the
application for license or made in the course of carrying on his or
her business as a peddler.
(4)Â
Conducting the business of peddling in an 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.Â
If a license is revoked, no refund of any portion of the license
fee shall be made.
C.Â
Notice of such revocation and the reasons therefor shall be in writing and advise the person of the right to appeal the revocation to the Town Board. The notice shall advise the person that if a hearing is not requested as prescribed in § 151-8 within five days after receipt of such notice of revocation, the license issued by the Town Clerk becomes void, without authority in law and of no legal effect.
D.Â
Notice of revocation shall be mailed to the address given in the
license application. The notice shall be sent by certified mail, return
receipt requested. Possession by the Town Clerk of the US Postal Service
receipt indicating delivery of the notice to the addressee, regardless
of whether the receipt is signed by the addressee or a third party,
shall constitute conclusive proof of the receipt by the addressee
of said notice of revocation.
E.Â
The five-day period for appealing a notice of revocation shall commence
on the date of the delivery of the notice as indicated on the postal
receipt. The notice may also be personally served on the addressee,
in which event the respective five-day period shall commence on the
date of the personal service of the notice.
[Amended 2-25-2020 by L.L. No. 1-2020]
A.Â
Any person aggrieved by the action of the Town Clerk in the denial
of the application for a license or in the decision with reference
to the revocation of a license shall have the right of an appeal to
the Town Board consistent with § 137 of the New York State
Town Law.
B.Â
Such appeal shall be taken by filing with the Town Clerk, within
five days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting
forth fully the grounds for the appeal. The Town Board or its designee
shall set a time and place for a hearing on such appeal, and notice
of such hearing shall be given to the appellant. The Town Clerk may
suspend any license pending any hearing as herein prescribed.
C.Â
The appellant shall have the right to attend the hearing and to present
any evidence or information in reply to a denial of the application
for a license or a notice of revocation.
D.Â
The decision and order of the Town Board on such appeal shall be
final and conclusive.
A.Â
A licensed vendor, hawker, peddler or solicitor shall:
(1)Â
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for
sale any unwholesome, tainted or diseased provisions of merchandise.
(2)Â
Not use a license after the expiration or revocation
of the license represented by him.
[Amended 2-25-2020 by L.L. No. 1-2020]
(3)Â
Keep the vehicles and receptacles used by him in a
clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
(4)Â
Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares or shout or cry out
his wares.
(5)Â
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes
or in front of any premises for any time if the owner of or lessee
of the ground floor thereof objects.
(6)Â
Not permit any vehicle used by him to stop or remain
on any crosswalk.
(7)Â
Not create or maintain any booth or stand or place
any tables, barrels, boxes, crates or other obstructions upon any
street, in any street right-of-way or public place for the purpose
of selling or exposing for sale any goods, wares or merchandise.
(8)Â
Not hawk, peddle, vend or solicit orders for goods,
wares or merchandise door to door before 10:00 a.m. or after 7:00
p.m. during the time of the year that Eastern standard time is in
effect, or after 8:00 p.m. during the time of the year that daylight
saving time is in effect, nor shall such peddler or solicitor operate
at any time that will cause public annoyance or disturbance of residents
within their homes.
[Amended 2-25-2020 by L.L. No. 1-2020]
(9)Â
Behave in an orderly and peaceful manner, refraining
at all times from aggressive or deceptive sales techniques.
[Amended 2-25-2020 by L.L. No. 1-2020]
(10)Â
Immediately depart the premises of a householder,
owner or occupant upon being requested to do so.
(11)Â
Not remain stopped or standing at any one place that
is not a public place or street for a period of time in excess of
four hours within any twenty-four-hour period.
(12)Â
Not sell at Niska-Day or other public events noxious
materials, including but not limited to poppers, snappers, silly string,
or aerosol cans designed to eject any liquid, nor any imitation weapons.
[Added 5-19-2008 by L.L. No. 3-2008]
(13)Â
Be required to carry the original license issued to him/her
(no photocopies will be allowed) with him/her at his/her business
premises while engaged in the business licensed. The licensee must
produce the license at the request of any official of the Town and
of any person of the Town with whom the licensee wishes to conduct
his/her said business.
[Added 5-22-2018 by L.L.
No. 2-2018]
(14)Â
All food and beverages which shall be sold or offered for sale
from a mobile unit shall comply with all laws and local ordinances
relating to food and food products.
[Added 5-22-2018 by L.L.
No. 2-2018]
(15)Â
All mobile food unit vendors shall keep the vehicles and receptacles
that are used in a clean and sanitary condition and the foodstuffs
and edibles offered for sale well covered and protected from dirt,
dust and insects.
[Added 5-22-2018 by L.L.
No. 2-2018]
(16)Â
All mobile food unit vendors must adhere to New York State Public
Health Law § 225 and guidelines established by New York
State Department of Health regulations on mobile food service establishments
and food carts.
[Added 5-22-2018 by L.L.
No. 2-2018]
(17)Â
Not state or imply that the issuance of the license in any way
represents approval, endorsement or guarantee by any part of the Town
of Niskayuna.
[Added 2-25-2020 by L.L.
No. 1-2020]
B.Â
No peddler shall erect any sign.
C.Â
No peddler shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location,
nor shall any be permitted to operate in any congested area where
his operations might impede or inconvenience the public. For the purpose
of this chapter, the judgment of a police officer exercised in good
faith shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
[Added 11-23-2010 by L.L. No. 11-2010]
A.Â
A person shall be permitted to stop, stand or park a motor vehicle on a public street in the Town of Niskayuna for the purpose of selling or offering for sale any frozen desserts directly from the vehicle pursuant to the following schedule and subject to the time limitations in Subsection D; except for November 1 through March 31 of the following year, when it shall be unlawful to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts on any day.
[Amended 4-25-2017 by L.L. No. 5-2017]
(1)Â
Beginning April 1 until the last day of school, as designated by
the official calendar of the Niskayuna Central School District, it
shall be unlawful to operate a motor vehicle for the purpose of selling
or offering for sale any frozen desserts on any day other than Saturday
and Sunday.
(2)Â
Beginning the day after the last day of school, as designated by
the official calendar of the Niskayuna Central School District, through
Labor Day, as designated by the official calendar of the Niskayuna
Central School District, it shall be lawful to operate a motor vehicle
for the purpose of selling or offering for sale any frozen desserts
on any day.
(3)Â
Beginning the day after Labor Day until October 31, it shall be unlawful
to operate a motor vehicle for the purpose of selling or offering
for sale any frozen desserts on any day other than Saturday and Sunday.
(4)Â
Beginning November 1 through March 31 of the following year, it shall
be unlawful to operate a motor vehicle for the purpose of selling
or offering for sale any frozen desserts.
B.Â
For purposes of this chapter, "frozen desserts" shall mean ice cream,
frozen custard, French ice cream, French custard ice cream, artificially
sweetened ice cream, ice milk, artificially sweetened ice milk, fruit
sherbet, non-fruit sherbet, water ices, non-fruit water ices, quiescently
frozen confection, quiescently frozen dairy confection, manufactured
desserts mix, frozen confection, mellorine frozen dessert, parevine,
frozen yogurt, freezer-made shakes, freezer-made milk shakes, lo-mel
and dietary frozen dessert as all such products are commonly known,
together with any mix used in such frozen desserts and any products
which are similar in appearance, odor or taste to such products, or
are prepared or frozen as frozen desserts are customarily prepared
or frozen, whether made with dairy products or nondairy products.
C.Â
All motor vehicles used for the purpose of selling or offering for sale any frozen desserts shall be in compliance with the provisions of § 375 of the Vehicle and Traffic Law and Article 4-A of the Agriculture and Markets Law. All persons must be licensed by the Town of Niskayuna pursuant to Chapter 151 of the Town Code prior to operating a motor vehicle for the purpose of selling or offering for sale any frozen desserts.
D.Â
Notwithstanding § 151-9A(8), it shall be unlawful for a licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts to sell or offer for sale any frozen desserts outside the hours: during summer (last day of school through Labor Day), the hours of 12:00 noon and 8:30 p.m.; during the school year (April 1 through the last day of school and the day after Labor Day until October 31), the hours of 4:00 p.m. and 8:30 p.m. Monday through Friday, and 12:00 noon and 8:30 p.m. on Saturday and Sunday. Further, a licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts shall not be permitted to sell or offer for sale such frozen desserts on public highways that are not Town of Niskayuna roadways.
[Amended 4-25-2017 by L.L. No. 5-2017]
E.Â
A licensed vendor, hawker, peddler or solicitor who operates a motor
vehicle for the purpose of selling or offering for sale any frozen
desserts is prohibited from vending in a manner that interferes with
pedestrian or vehicular traffic or other legitimate business in the
Town of Niskayuna.
F.Â
A licensed vendor, hawker, peddler or solicitor who operates a motor
vehicle for the purpose of selling or offering for sale any frozen
desserts shall not directly or indirectly, cause or permit the public
street, sidewalks or places to be littered with papers, wrappings
or other debris or refuse where the littering results from the conduct
of his business.
G.Â
A licensed vendor, hawker, peddler or solicitor who operates a motor
vehicle for the purpose of selling or offering for sale any frozen
desserts shall be prohibited from operating any loudspeaker, public
address system, sound amplifier or similar device to attract the attention
of the public.
H.Â
A vendor, hawker, peddler or solicitor who applies for a license pursuant to Chapter 151 of the Town Code to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts shall file with the Town Clerk a certificate of insurance (or a duplicate of an insurance policy) on each and every vehicle for which an application is made. The policy or certificate shall name the Town of Niskayuna as an additional insured and shall be filed prior to issuance of a license. Such proof of insurance shall identify each vehicle covered by such policy or certificate according to vehicle identification number. Cancellation or lack of insurance shall be cause for immediate suspension of any license under this chapter. Commercial general liability insurance coverage shall be at least in the amount of $2,000,000 for general aggregate (other than products/completed operations aggregate) and products/completed operations aggregate and $1,000,000 for personal and advertising injury liability, and each occurrence. Automobile liability insurance coverage shall be at least in the amount of $1,000,000.
A.Â
Any person committing an offense against this chapter
or any section or provision thereof is guilty of a violation and shall,
upon conviction thereof, be subject to a fine not exceeding $500 or
imprisonment not exceeding 30 days, or both.
B.Â
In lieu of or in addition to any fine or imprisonment,
or both, imposed for a conviction of an offense of this chapter, each
such offense may be subject to a civil penalty not to exceed $250,
to be recovered in an action or proceeding in a court of competent
jurisdiction. Each day an offense continues shall be subject to a
separate civil penalty.
The Town of Niskayana Police Department or any
police officer shall enforce the provisions of this chapter. It shall
be the duty of any police officer to require any person seen peddling
and who is not known by such officer to produce his license in order
to determine if that person has complied with this chapter. Failure
to produce such a license constitutes prima facie evidence of a violation
of this chapter.
