[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:
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.
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.
The Town Board of the Town of Cornwall.
The Chief of Police of the Town of Cornwall Police Department.
[Added 10-9-2018 by L.L. No. 4-2018]
The Town Clerk of the Town of Cornwall.
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]
A.
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.
B.
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.[1]
[1]
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.
A.
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.
B.
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.
A.
Every applicant for a license is required to submit
to the Town Clerk a written application setting forth the following
information:
(1)
The name and age of the applicant.
(2)
His address.
(3)
The name and address of the firm represented, if any.
(4)
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]
(5)
A description of the goods, wares or merchandise offered
for sale.
(6)
A statement that the applicant has never been convicted
of a felony or a misdemeanor or, if so, the details of the conviction.
(7)
The valid sales tax number issued to the applicant
by the New York State Department of Taxation and Finance.
(8)
A description of the vehicle, including license number
of the vehicle, the applicant intends to use in the town.
(9)
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]
(10)
The name and address within the State of New
York of a person upon whom legal notice or process may be served.
(11)
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.
B.
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]
A.
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.
B.
In conducting an investigation of the application and rendering a
report, the Chief of Police shall make the following findings:
(1)
Whether the applicant is wanted by a law enforcement authority;
(2)
Whether the applicant has been previously prosecuted or cited for
violation of a peddling or soliciting ordinance or law in the Town
of Cornwall;
(3)
Whether the applicant has a suspended or revoked driver's license
or his driving privileges are suspended or revoked;
(4)
Whether the applicant is a New York State Level 3 sex offender;
(5)
Whether the location proposed by the applicant is a safe and suitable
site for peddling; and
(6)
Whether any other facts or circumstances exist which are relevant
to the grant or denial of the requested permit.
C.
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.
D.
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.
E.
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.
F.
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.
