This chapter shall be known as the "Peddlers and Solicitors Law of the
Town of Wheatland."
[Amended 7-10-1980 by L.L.
No. 11-1980]
It is declared to be the public policy of the Town of Wheatland to promote
honest and fair merchandising of goods and services to the residents of the
Town, to prevent abuses by peddlers, vendors and salesmen who solicit the
sale of goods and services by means of direct home contacts, to require that
the identity of persons going door to door in the Town be established and
to otherwise promote the health, safety and welfare of the residents of the
Town.
As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person
transacts business and deals in the goods, wares, commodities or services
he peddles, vends or solicits in the ordinary and regular course of business.
MERCHANDISING
The selling, bartering or trading of or offering to sell, barter
or trade any goods, wares, commodities or services.
PEDDLER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who engages
in merchandising any goods, wares, commodities, books, periodicals or services
or solicits contributions of goods or moneys by going from house to house,
place of business to place of business or in any public street or public place
or by temporarily occupying a room, building or other premises therefor.
PERSON
Includes any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure or structure of any kind
intended to be occupied for the period of time necessary to peddle, vend or
solicit the merchandise or products therein housed initially, without the
intent to replenish or restock goods, wares and merchandise sold therein.
In all prosecutions for a violation of this chapter, the intent of the defendant
to conduct an established place of business shall be a material fact, and
the burden of proving such intent shall be upon the defendant in such prosecution.
It shall be unlawful for any person within the jurisdiction of this
chapter to act as a peddler, vendor or solicitor, as herein defined, without
first having obtained and paid for, and having in force and effect, a license
therefor.
[Added 7-10-1980 by L.L.
No. 11-1980; amended 2-1-2007 by L.L.
No. 1-2007]
A. When the application is properly filled out and signed
by the applicant, the Clerk shall refer the application to the Monroe County
Sheriff's Office, which shall make or cause to be made within five days such
investigation of the applicant's business responsibility and character as
be deems necessary for the protection of the public good.
B. If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Monroe
County Sheriff's Office shall endorse on such application its disapproval
and the reasons therefor and shall return the application to the Clerk. Any
determination by the Monroe County Sheriff's Office that an application is
unsatisfactory shall be based on one or more of the following findings with
respect to the applicant:
(1) Conviction of a crime involving moral turpitude.
(2) Prior violation of a peddling or soliciting ordinance
or local law.
(3) Previous fraudulent acts or conduct.
(4) Record of breaches of solicited contracts.
(5) Concrete evidence of bad character.
C. In the absence of any such findings, the Monroe County
Sheriff's Office shall find the application satisfactory, shall endorse its
approval on the application and shall return the application to the Clerk.
[Amended 7-10-1980 by L.L.
No. 11-1980; 2-1-2007 by L.L. No. 1-2007]
A. If an application is found unsatisfactory by the Monroe
County Sheriff's Office and it has endorsed its disapproval on the application,
the Clerk shall notify the applicant that the application is disapproved and
shall deny the applicant any license.
B. If an application is found satisfactory by the Monroe
County Sheriff's Office, the Clerk shall issue a license to the applicant
specifying the particular business authorized. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business licensed. This license shall be produced upon the demand of any
Town official, prospective buyer, police officer or sheriff. All sales people
should have a copy of the license upon their persons.
A peddler, vendor or solicitor, whether licensed or exempt from licensing
pursuant to the provisions of this chapter, shall:
A. Not willfully misstate the quantity or quality of any
article or services offered for sale.
B. Not willfully offer for sale any article of an unwholesome
or defective nature.
C. Not call attention to his goods by creating any public
disturbance, unusual noises or the use of loudspeakers or public address systems.
D. Not cause a private or public nuisance.
E. Keep the vehicle and/or receptacles used by him in the
furtherance of his licensed business in a sound, clean and sanitary condition.
F. Keep his edible articles offered for sale well-protected
from dirt, dust and insects.
G. Not stand, hawk, peddle or solicit, or solicit funds,
on or near the premises of any business establishment, shopping center or
mall without the written consent of the owner or individual, agency or organization
responsible for the management and/or operation of the same.
H. Not sell or vend within 250 feet of any school property
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
I. Not enter upon private property for the purpose of peddling
or soliciting before the hour of 9:00 a.m. of any day or after 1/2 hour before
sunset of any day, except upon the invitation of the householder or occupant.
J. It shall be unlawful for any peddler or solicitor in
plying his trade to ring the bell 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.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in §
99-8 of this chapter, shall have the right to appeal to the Town Board of the Town of Wheatland. Such appeal shall be taken by filing, within 14 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 shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The Town Board may deny such license setting forth its reasons or grant such license on such terms and conditions as it deems appropriate.
[Amended 7-10-1980 by L.L.
No. 3-1980]
Any person, firm or corporation committing an offense against any provision
of this chapter shall be punishable as provided by the general penalty provisions
of the Town of Wheatland.