Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Clarence, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (0) Index
[HISTORY: Adopted by the Town Board of the Town of Clarence 5-11-1983; amended in its entirety 6-8-2022 by L.L. No. 1-2022. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Peddlers, Hawkers, Solicitors and Mobile Food Vending Ordinance of the Town of Clarence."
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Clarence by the regulating and controlling of peddlers, hawkers, solicitors and mobile food vendors conducting business in the Town of Clarence.
For the purpose of this chapter, the following words, as used herein, shall be considered to have the meanings herein ascribed thereto:
ESTABLISHED PLACE OF BUSINESS
A building or store in which a person transacts business and deals in goods, wares and merchandise he hawks, peddles, solicits or vends.
HAWKER and PEDDLER
Except as hereinafter expressly provided, any person, either principal, employee or agent, who, in any public street or public place or in an open area on private property adjacent to a public way or by going from house to house or place of business on foot or from any animal or vehicle standing on a street, sells or barters, offers for sale or solicits or carries or exposes for sale or barter any goods, wares or merchandise or services, except as hereinafter exempted.
MOBILE FOOD VEHICLE
A mobile food vehicle is self-contained, and where ready-to-eat food is either prepared, cooked, wrapped, packaged, processed or portioned for service, sale, or distribution. This shall include, but not be limited to, vehicles, trailers, mobile grills and smokers.
MOBILE FOOD VENDOR
The owner, or owner's agent, of a mobile food vehicle.
PERSON
One or more persons of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind.
SOLICITING
Includes any one or more of the following activities:
A. 
Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatever.
B. 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character.
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type of publication.
D. 
Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization or project.
No person shall barter, purchase and/or sell, peddle, hawk, solicit or vend goods, wares, merchandise, food, food products, plants, Christmas trees or services upon the streets, roads or public places of the Town or by going from house to house soliciting purchases or services or otherwise, and no person shall deliver or peddle advertising matter or so-called "handbills" upon the streets, roads, highways or public places of the Town or by going from house to house unless a license shall first have been obtained from the Town Clerk therefor, unless otherwise provided herein.
A. 
No vehicle of any kind or description drawn by an animal or animals or propelled by hand, foot, motor vehicle or other power shall be used for the barter, purchase and/or sale of goods, wares, merchandise, food, food products, plants, Christmas trees or services upon the streets, roads, highways or public places of the Town unless a license shall first have been obtained from the Town Clerk therefor, which license shall at all times be displayed in a conspicuous place on the exterior driver's side of such a vehicle.
B. 
All motor vehicles and vehicles subject to State Department of Motor Vehicles laws shall be in compliance and shall be maintained properly.
C. 
All mobile food vehicles are required to pass an annual fire inspection conducted by the Town of Clarence Building Department, prior to conducting business.
Every applicant for a license is required to submit to the Town Planning and Zoning Office a written application supplying, under oath, his/her name and also, if a firm, the name of the corporation or company, his/her address, the age of the applicant, his/her telephone number, the type of business to be conducted, the name of the products or services offered to the public and other required information on the application, such as his/her driver operator's license and state registration of motor vehicle number and the year and make of the vehicle.
All applicants for licenses under this chapter shall produce proof satisfactory to the Town Clerk of good moral character and financial responsibility and that such activity shall not endanger the safety of users of any adjacent public highways. The Town of Clarence reserves the right to conduct a background check of all individuals applying for such license.
All applicants who shall be conducting activities described in this chapter on privately owned property/premises shall produce to the Town Planning and Zoning Office written approval, including the expiration date of the approval, subscribed by the owner's signature, and also a statement absolving the Town of Clarence from all responsibilities and liabilities during the term of the license.
There shall be a five-business-day waiting period from the time the completed application is received by the Town Planning and Zoning Office until the time the license or permit is issued to the applicant. For licenses requiring inspection by the Town of Clarence Building Department, no such license shall be issued prior to the inspection and authorization of the Inspector.
A. 
Any person issued a license or permit shall allow any individual(s) to view said license upon demand.
B. 
Any licensee refusing to display his/her license or permit shall be considered in violation of this chapter and shall be subject to revocation of said license.
C. 
Any required posting of license or certification on a mobile food vehicle as required by the Town of Clarence Building Department, and/or the Erie County Health Department.
Upon receipt of the application, fire inspection report if applicable, and the license fee as required under § 147-13 and if reasonably satisfied with the applicant's qualifications, the Town Clerk may issue a license to the applicant specifying the particular business authorized and the location whereat it may be conducted. This license shall be nontransferable and shall be in the continued possession of the licensee while engaged in the business licensed.
A. 
Any pedder, hawker or solicitor license provided for under this chapter shall expire 90 days after the date of issuance.
B. 
Any mobile food vending permit provided for under this chapter shall expire one year after the date of issuance.
A. 
Mobile food vending permit fees are to be determined by the Town Board and approved by resolution.
B. 
For each person bartering and/or selling, peddling, hawking, soliciting or vending from a licensed vehicle, basket or other receptacle or on foot, the license fee shall be determined by the Town Board and approved by resolution.
Any person aggrieved by the action of the Town Clerk in the denial of a license shall have the right to appeal to the Town Board of Clarence. Such appeal shall be taken by filing with the Town Clerk within 10 days after denial a written statement setting forth fully the grounds for the appeal. The Town Clerk shall set a time and place for the hearing of such appeal, reasonable notice of which shall be given to the applicant. Notice of the hearing shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. The decision of the Town Board on such appeal shall be final and conclusive.
No peddler, hawker, solicitor or mobile food vending may place a sign or other display advertising merchandise or products upon any public place or right-of-way (ROW) in the Town or upon any private property, without required appropriate permit. Any signage associated with the activity shall be subject to review and approval, per Town Code, Chapter 181, Signs.
No licensee shall permit the following on the licensed premises:
A. 
Shouting or crying out.
B. 
Musical instruments, drums, sound-making devices or amplifiers played or used in such manner as to be heard on any abutting and/or adjacent residential property.
C. 
Activity or conduct in violation of any municipal, state or federal laws or duly enacted ordinances or regulations.
D. 
For mobile food vending:
(1) 
Conduct business from a mobile food vehicle within the Town without having first obtained a valid mobile food vendor permit for each mobile food vehicle.
(2) 
Not abiding by the New York State Transportation Law and all applicable parking, vehicle and traffic laws, ordinances, rules and regulations.
(3) 
To discharge liquid waste, fats, oils or grease on the land. Such discharges shall be held in appropriate containers and then disposed of in a legally permissible manner.
(4) 
To leave behind any refuse, garbage, waste, product or other such material that was not on site prior to operation.
(5) 
Conduct operations from a site that contains a gasoline and/or automotive service station.
(6) 
Selling alcohol and any Town, county, state or federal prohibited substances at any location.
(7) 
Conducting business in or interfering with established fire lanes.
(8) 
Inhibiting the flow of traffic on all public and private roads, unless granted permission (e.g., approved block parties).
A. 
Except for mobile food vending operations, no license under this chapter shall be valid except during the hours of 9:00 a.m. to 9:00 p.m. on Monday through Saturday of each week. No license shall be valid on Sundays or legal holidays, except by written permission of the Town Clerk. Mobile food vending operations shall not exceed their days and hours of operation beyond that which has been approved on their mobile food vending permit.
B. 
No licensee hereunder shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or service to be rendered.
C. 
It shall be unlawful for any licensee to enter upon any premises or property or to ring the bell or knock upon any premises or enter any building wherein there is painted or otherwise affixed or displayed to the public view any sign containing any of the following words: "no peddlers," "no solicitors" or "no agents" or other wording, the purpose of which purports to prohibit peddling, soliciting or mobile food vending upon the premises.
D. 
No licensee shall 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 or a lessee of the premises thereof objects or in any place if traffic is thereby obstructed.
E. 
No licensee shall park or stand any vehicle used by him hereunder or engage in licensed or other activities within 500 feet of the grounds of any place of worship, public school or municipal or public building without special written permission of the Town Clerk.
F. 
Mobile food vending operations shall meet all requirements set forth in this code as well as NFPA 1, NFPA 96 and the Uniform Fire Prevention and Building Code of New York State.
A. 
The purpose of this chapter shall not be construed to require permits for delivery vehicles owned or used by grocers, bakers, fast-food services or prepared foods, drug prescription delivery or other commodities previously ordered from other persons, firms or corporations having a store, storehouse, warehouse or place of business for the sale or distribution of or an establishment for the manufacture of the merchandise carried in said vehicles nor for the drivers or operators of said vehicles.
B. 
The provisions of this chapter shall not apply to the following:
(1) 
Any person who shall be a representative of the United States or New York State Government or some political subdivision or agency thereof acting in the carrying out of his/her governmental duties.
(2) 
The selling, hawking, peddling, soliciting or vending by a disabled veteran of the United States Armed Forces who has a license from the Erie County Clerk pursuant to § 32 of the General Business Law.
(3) 
Any person soliciting at the express invitation of the person solicited or serving an established customer.
(4) 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Town of Clarence.
(5) 
A child or student regularly attending any public, parochial or private school located within the Town of Clarence or a representative of any established church maintaining a place of worship within the Town or a member of a veterans' organization which has and maintains a chapter, post, lodge, camp or other group within the Town of Clarence or a member of a fraternal organization or civil group, provided that such fraternal organization or civic group maintains a chapter or local organization within the Town of Clarence, and further provided that any person coming within the provisions of these exemptions shall only peddle or solicit in connection with an authorized activity of the school which he/she attends.
(6) 
Auction sales held pursuant to law by a sheriff or other officer authorized by law to conduct such sale.
(7) 
Any person engaged in the promotion of a political campaign of a recognized political party or a political candidate for election to public office.
(8) 
Any recognized charitable organization as determined by the Town Clerk.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Town Clerk after notice for any of the following causes:
(1) 
In the event that such roadside activities produce a hazardous operation or condition to the public regarding the parking, standing or operation of a motor vehicle on or adjacent to a public highway which would restrict, impede or interfere with the normal flow of traffic and/or endanger the safety of any person(s) using said highway or pedestrians in the vicinity of said highway.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler, solicitor or mobile food vendor.
(3) 
Fraud, misrepresentation or false statement made in the application for a license.
(4) 
Any violation of this chapter.
(5) 
Conviction of any crime or misdemeanor involving moral turpitude.
(6) 
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. 
Notice for revocation of a license shall be given, in writing, setting forth specifically the grounds of revocation. Such notice shall be mailed, postage prepaid, to the licensee at his address provided within the license.
Every violation by any person, firm, association or corporation of any of the provisions of this chapter shall, upon conviction therefor, subject such person, firm, association or corporation to a fine of not more than $250 per day of violation or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Every day or part thereof that such violation shall continue shall be deemed to be a separate and distinct violation of the provisions of this chapter.
This chapter shall be enforced by the Town of Clarence Building Department and Planning and Zoning Office. Primary enforcement of the mobile food vending regulations contained in this chapter shall be the responsibility of the Town of Clarence Building Department. Matters concerning the Vehicle and Traffic Law, the New York State Transportation Law, illegal parking and trespassing shall be the responsibility of a law enforcement agency.