As used in this chapter, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building, store or depository in which or where a person
transacts business and deals with goods, wares, merchandise 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 any goods, ware, merchandise or services. For the purpose of
this chapter, the entity which engages a person as their agent for
the purposes of peddling is also considered a "peddler" within the
meaning of this section and is subject to all provisions herein.
PERSON
Any individual, firm, partnership, corporation, company,
association, society, organization or league and includes any trustee,
receiver, assignee, agent, volunteer, employee or other representative
thereof.
SOLICITOR
Any person traveling either by foot or vehicle from house
to house, street to street, place of business to place of business,
or any combination thereof, who takes or offers to take orders for
the sale of goods, wares or merchandise, for present or future delivery,
or for the performance of present or future services, whether or not
payments is collected at time of sale or in the future. For the purposes
of this chapter, the entity which engages a person or their agent
for the purposes of soliciting is also considered a "solicitor" within
the meaning of this section and is subject to all provisions herein.
VENDOR
Any person who, without traveling from place to place, sells or offers for sale goods, wares or merchandise, food, foodstuffs or provisions from any stand, booth, vehicle, wagon, trailer or other conveyance, which is located on public property or a flea market authorized and approved under Chapter
61 (Flea Markets) and Chapter
97 (Zoning) of this Code. Any person operating at a stationary location on private property shall not be considered a "vendor" as defined herein, but shall be considered a business owner and/or retail business and subject to all applicable provisions contained in the Zoning Code, Chapter
97.
[Amended 7-24-2008 by L.L. No. 4-2008]
A license may be issued for one year for each
license, and the fee therefor shall be $1,000, payable upon issuance
of the license, or may be issued by the day for a fee of $200 per
day. Such license shall only be valid between the hours of 9:00 a.m.
and 5:00 p.m.
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
All orders taken by a licensed solicitor, peddler
or vendor for which he or she accepts or demands payment of deposit
of money in advance of final delivery shall be in writing, in duplicate,
stating the terms thereof and the amount paid in advance, and one
copy shall be given to the purchaser at the time of deposit or money
is paid to the solicitor, peddler or vendor. Such orders can be taken
only in compliance with all applicable state and federal laws and
Federal Trade Commission rulings and nothing herein shall be taken
to waive such restrictions; all applicable sales tax shall be paid
pursuant to state and federal laws.
Licensees are required to exhibit their licenses
at the request of any citizen.
The license fee provided for by this chapter
shall not be so applied as to occasion an undue burden on interstate
commerce. In any case where an applicant or licensee believes that
the fee places and undue burden upon interstate commerce, he may apply
to the Town Clerk for an adjustment of the fee so that it shall not
be discriminatory, unreasonable or unfair to such commerce. Such application
may be made before, at the time of or within six months after payment
of the prescribed license fee. The applicant shall, by affidavit and,
if required by the Town Clerk, by verbal testimony, show his method
of doing business, including place of origin of the goods sold or
to be sold, and such other information as the Town Clerk shall require
in order to determine the extent, if any, of any undue burden on such
commerce. In the event the Town Clerk shall determine that the fee
for license is an undue burden upon interstate commerce, he shall
refund all or such part of such fee as he shall determine to be such
undue burden.
Before any license as hereinbefore provided
shall be issued to a licensee, the applicant shall file with the Town
Clerk, as a part of the application, an appointment of the Town Clerk
as the applicant's true and lawful attorney with full power and authority
to receive service or notice of process for or on behalf of said applicant
in respect to any matters connected with or arising out of business
transacted under said license, in the same manner and with the same
effect as if personally served upon the applicant. Immediately upon
service of process upon the Town Clerk as herein provided, the Town
Clerk shall send to the licensee at his address shown on the application,
by certified mail, a copy of said process.
[Amended 7-24-2008 by L.L. No. 4-2008]
Any person violating any of the provisions of
this chapter shall be guilty of a violation, punishable by a fine
of $500 for the first offense and $1,000 for each subsequent offense
in any twelve-month calendar period.