[HISTORY: Adopted by the Town Board of the Town of Cornwall 4-13-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
The purpose of this chapter is to assist in the orderly government of the Town of Cornwall, to assist in the orderly management of the business, peace, health, safety and welfare of its inhabitants and the protection and security of their property.
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD VENDING BUSINESS
- The sale of prepared food products for immediate consumption from a motor vehicle, trailer, platform, stand or tent on any highway or other place within the town other than within a fully enclosed building or a stand or outside sales and eating place maintained as an adjunct to a food vending business maintained in an adjoining fully enclosed building. The foregoing definition shall not include a food vending business operated by the owner of commercially zoned property on that property outside of a fully enclosed building in which there is not a food vending business; notwithstanding the foregoing, however, the owner must secure site plan approval for the food vending business from the Planning Board pursuant to the procedure set forth in Chapter 158, Zoning, of the Code of the Town of Cornwall.[Amended 5-21-1992 by L.L. No. 2-1992]
- Any person who in any public street or public place or by going from house to house or place of business on foot or on or from any animal or vehicle, either standing or moving in any street, sells, barters, offers for sale or carries and exposes for sale or barters any goods, wares or merchandise, except as hereinafter exempted.
- One or more persons, corporations, partnerships, associations, organizations and all other entities.
- ROADSIDE FARM MARKET
- A truck gardener or farmer who himself or by his agents sells or barters products of his own farm or garden from any location within the town, other than his residence or farm.
- Any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise or for services to be performed in the future or for making, manufacturing or repairing any good, ware or merchandise whatsoever for future delivery, except as hereinafter exempted.
- The Town of Cornwall.
- TOWN BOARD
- The Town Board of the Town of Cornwall.
- TOWN CHIEF OF POLICE
- The Chief of Police of the Town of Cornwall Police Department.[Added 10-9-2018 by L.L. No. 4-2018]
- TOWN CLERK
- The Town Clerk of the Town of Cornwall.
- TRANSIENT RETAIL BUSINESS
- A business conducted in any motor vehicle, trailer or tent
or on any street or other open place for the sale of retail goods,
wares or merchandise.[Amended 10-9-2018 by L.L. No. 4-2018]
This chapter shall not apply to sales within a residence where the merchant also resides in such residence within the town and shall not apply to door-to-door sales by local civic groups, churches, school-sponsored programs, Girl or Boy Scout programs, Little League, Pop Warner League, Rotary Club, Lions Club and like civic-minded groups, including but not limited to persons soliciting contributions on behalf of organizations registered under the provisions of New York State Executive Law § 172 or exempted from registration under New York State Executive Law § 172-a.
The provisions of this chapter shall not apply to persons engaged in the sale of cosmetics or household goods within a residence, provided that such sales occur solely and exclusively within a residence by permission of the owner thereof. It is the intent of this section to exempt persons who sell cosmetics and household goods in individual or group sales within residences with the permission of the owner or occupant of the residence.
Editor’s Note: Former Subsection C, regarding applicability of provisions, which immediately followed, was repealed 10-9-2018 by L.L. No. 4-2018.
It shall be unlawful for any person to conduct or operate a transient retail business, roadside farm market or food vending business or engage in hawking, peddling or soliciting sales of any products to which this chapter applies within the town without first obtaining a license from the Town Clerk. All licenses shall be nontransferable. The licensee shall have such license in his possession at all times and shall exhibit the same at any time upon demand by any town police officer, the Town Clerk or any other officer of the town designated by the Town Board and upon demand by any customer or prospective customer.
The fees for licenses required by this chapter shall be fixed by resolution of the Town Board; a copy of the resolution shall be maintained on file in the office of the Town Clerk.
Any person who presents a valid current license issued by the Orange County Clerk pursuant to the provisions of the General Business Law of the State of New York shall be exempt from paying the fees required by the town for the issuance of a license under this chapter.
Every applicant for a license is required to submit to the Town Clerk a written application setting forth the following information:
The name and age of the applicant.
The name and address of the firm represented, if any.
The length of time for which the license is requested and the days of the week and approximate hours during which the applicant proposes to operate.
[Amended 10-9-2018 by L.L. No. 4-2018]
A description of the goods, wares or merchandise offered for sale.
A statement that the applicant has never been convicted of a felony or a misdemeanor or, if so, the details of the conviction.
The valid sales tax number issued to the applicant by the New York State Department of Taxation and Finance.
A description of the vehicle, including license number of the vehicle, the applicant intends to use in the town.
The location, including street name(s) and address(es), from which the applicant intends to sell or offer to sell goods, wares or merchandise or solicit orders for the same.
[Amended 10-9-2018 by L.L. No. 4-2018]
The name and address within the State of New York of a person upon whom legal notice or process may be served.
A letter from the property owner granting permission to the applicant to maintain a transient retail business or roadside farm market or food vending business on property within the town.
Any false statement contained in any application shall be grounds for revocation of the license.
[Amended 10-9-2018 by L.L. No. 4-2018]
Upon receipt of the completed application and of the license fee, if required, the Town Clerk shall refer the original to the Chief of Police for an investigation and report on the application.
In conducting an investigation of the application and rendering a report, the Chief of Police shall make the following findings:
Whether the applicant is wanted by a law enforcement authority;
Whether the applicant has been previously prosecuted or cited for violation of a peddling or soliciting ordinance or law in the Town of Cornwall;
Whether the applicant has a suspended or revoked driver's license or his driving privileges are suspended or revoked;
Whether the applicant is a New York State Level 3 sex offender;
Whether the location proposed by the applicant is a safe and suitable site for peddling; and
Whether any other facts or circumstances exist which are relevant to the grant or denial of the requested permit.
The Chief of Police shall render a report to the Clerk within 10 business days of receipt of the referral from the Clerk. The report shall state whether the Chief of Police recommends grant or denial of the permit application and his reasons therefor.
Upon receipt of the report from the Chief of Police, the Town Clerk shall either issue a license to the applicant or issue a letter of denial providing a copy of the report rendered by the Police Chief and any other basis for the denial.
Licenses issued by the Clerk shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. No license shall be valid for more than one month from its date of issue; licenses can be renewed for five additional months, one month at a time, upon the payment of fees as set by the Town Board.
In the event that the applicant has employees or agents working with or for the applicant, a separate application must be filed for each employee or agent. The license fee for each additional license shall be 25% of the license fee set forth by the Town Board in the resolution fixing license fees.
In the event that the Town Clerk determines not to issue a license to any applicant or in the event that any license issued is revoked by the Town Clerk for failure to comply with any of the provisions of this chapter or because the Town Clerk determines that the application for the license contains a false statement, the aggrieved applicant or the aggrieved licensee, shall have the right of appeal to the Town Board. Such appeal shall be taken by filing a written statement with the Town Board setting forth fully the grounds for appeal within 10 days after the notice of the action complained of has been mailed to such aggrieved person's last known address. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given, by certified mail, to such aggrieved person's last known address. The hearing shall be held not more than 30 days after receipt of the written statement by the Town Board.
It shall be the duty of the Town Clerk to keep a record of all applications and of all licenses granted under this chapter, including the date of revocations of all licenses revoked.
Any person violating any provision of this chapter shall, upon conviction, be guilty of a violation punishable by a fine of not more than $250 or by imprisonment of a term not exceeding 15 days, or by both such fine and imprisonment.
Any other local law, ordinance or resolution inconsistent herewith is hereby repealed, including but not limited to former Chapter 111 of the Town of Cornwall, it being the intention and purpose of this chapter to replace existing Chapter 111 of the Town of Cornwall entitled "Peddling and Soliciting" with this chapter.