[HISTORY: Adopted by the Town Board of the Town of Plattekill 5-10-1967 by L.L. No. 1-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 73.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Town Board of the Town of Plattekill.
[Amended 5-20-1987 by L.L. No. 4-1987]
PEDDLER
A person, commonly referred to either as a "peddler" or "hawker," who goes from place to place traveling on the streets or from house to house and carries with him goods, wares, merchandise, foods and food products for the purpose of selling and delivering them to consumers.
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
[Amended 5-20-1987 by L.L. No. 4-1987]
TRANSIENT MERCHANT
A person, commonly referred to as a "transient merchant" or "itinerant vendor," who engages or proposes to engage temporarily in a merchandising business in this municipality and occupies a room, building, tent, lot stand or other premises for the purpose of selling goods, wares and merchandise.
TRANSIENT MERCHANT PEDDLER
A person who engages in business in the manner defined by the definition of "transient merchant" and, in pursuance thereof, becomes a peddler or hires a peddler, as defined herein.
The purpose of this chapter is to assist in the government of the town, the management of its business, the preservation of good order and the peace, health, safety and welfare of its inhabitants and the protection and security of their property.
[Amended 10-3-2001 by L.L. No. 4-2001]
A. 
It shall be unlawful for any peddler, transient merchant and transient merchant peddler to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Town of Plattekill without first obtaining a license from the Town Board of the Town of Plattekill in compliance with the requirements herein.
B. 
The requirements of this chapter shall be held not to include the following persons who are expressly exempt from its application:
(1) 
The selling of farm products by farms and persons who produce such commodities at the site upon which such products will be offered for sale.
(2) 
Dealers in milk, heating oil and daily newspapers.
(3) 
Hawking and peddling by veterans of the Armed Forces of the United States pursuant to Article 4, § 32, of the New York State General Business Law, which provides for the making of an application and the issuance of a license without cost or payment of a fee.
C. 
Nothing in this section shall be construed so as to relieve any person from first obtaining a use permit as required in Chapter 110, Zoning, of the Code of the Town of Plattekill to allow for the operation of such activity or business at the proposed site(s).
D. 
Application for a permit must be submitted no less than 60 days prior to the expiration of a license or the granting of a new license.
[Amended 10-3-2001 by L.L. No. 4-2001]
Any person desiring a license shall receive an application for a license from the Town, on which the following information shall be required:
A. 
For all license classes:
(1) 
The name of the applicant.
(2) 
A permanent home address (residence).
(3) 
The name and address of the firm represented.
(4) 
The place or places of residence of the applicant for the preceding three years.
(5) 
The length of time for which the license is desired.
(6) 
A description of the wares to be offered for sale.
(7) 
To the application must be appended a letter from the firm for which the applicant proposes to work, authorizing the applicant to act as its representative.
(8) 
If required, a copy of all use permits as found in the requirements of Chapter 110, Zoning, of the Code of the Town of Plattekill to conduct the activity at the location proposed.
B. 
For transient merchant licenses, in addition to the foregoing items, the application shall show:
(1) 
The location where the activity is to be conducted.
(2) 
A notarized statement from the property owner of the site at which the activity is to be conducted allowing for such use.
C. 
For transient merchant peddler licenses, in addition to the foregoing information, the application must show:
(1) 
The name and address of each peddler acting for said merchant.
(2) 
Three personal references for each peddler.
[Amended 10-3-2001 by L.L. No. 4-2001]
A. 
Issuance. Upon a review by the Town Board of a completed application provided by the applicant, the Town Board will approve or disapprove the issuance of a license.
B. 
Transferability. For all license classes, 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 issued to any other person. A separate license must be obtained by a licensed peddler for every agent or employee working for him/her; a separate license must be obtained by a licensed transient merchant for each branch or separate place of business in which her or his business is conducted, and each license shall authorize the person to conduct business only at the location which is indicated therein.
[Amended 10-3-2001 by L.L. No. 4-2001[1]]
To every peddler granted a license, all automobiles, wagons, carts or other vehicles used for peddling shall have affixed thereon the license so as to be visible to the public. A transient merchant peddler must post a license certificate in a prominent place in the business premises so as to be visible to the public.
[1]
Editor's Note: This local law also repealed former § 79-6, regarding form of license, records and reports, and provided for the redesignation of former § 79-7 as § 79-6.
No person licensed under this chapter or otherwise shall call attention to his business or to his merchandise by crying out, by blowing a horn, by ringing a bell other than the doorbell at a house or by any loud or unusual noise.
A. 
All yearly licenses shall terminate at the close of the 31st of December of the year in which they are issued.
B. 
License fees shall be as established from time to time by resolution of the Town Board.
[Amended 5-20-1987 by L.L. No. 4-1987]
In the event that an applicant for a license as provided herein shall have previously been issued a junk dealer's license pursuant to Article 6, § 60, of the General Business Law, then such applicant shall be entitled to and allowed a credit against the above-provided license fees in the amount of $5, such junk dealer's license fee actually paid by such applicant; otherwise, this chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license.
[Amended 10-3-2001 by L.L. No. 4-2001]
A. 
The Building Inspector and/or Zoning Enforcement Officer appointed by the Town Board shall enforce this chapter. It shall be the duty of the Building Inspector and/or Zoning Enforcement Officer to investigate all complaints made under this chapter and to take appropriate legal action on all violations of this chapter.
B. 
A license may be revoked by the Town Board by reason of the violation of the terms of the license, the violation of any municipal ordinance or law, state or federal statute or falsification in applying for a license. The Town Board, within 10 days' notification that the licensee has failed to correct any violation of this chapter, shall revoke the license. The licensed person must be granted a hearing by the Board upon his or her request.
[Amended 5-20-1987 by L.L. No. 4-1987]
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.