[HISTORY: Adopted by the Town Board of the Town of Eden 4-30-1958. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are defined as follows:
- HAWKER or PEDDLER
- Any person who engages in the business of selling or attempting to sell or soliciting orders for the sale of any property or any services by going from house to house, place of business to place of business or in any public street or place.
- An individual, firm, partnership, corporation or unincorporated association, and any principle or agent thereof.
No person shall sell, peddle, hawk or vend any goods, wares or merchandise, except meats, fish, fruits, milk, food products or farm produce, or engage in canvassing and/or soliciting for the sale of goods, wares or merchandise or subscriptions to newspapers, magazines, books, pamphlets or other publications, upon the streets or public places of the Town of Eden, Erie County, New York, by going from house to house soliciting purchases or subscriptions, without first registering with the Town Clerk of the Town of Eden and obtaining a license for such purpose.
No vehicle of any kind or description drawn by an animal or animals or propelled by human power or fuel shall be used to peddle, hawk or vend in the Town of Eden unless a license shall first have been obtained from the Town Clerk.
No person, firm, association or corporation owning or leasing property in the Town of Eden shall allow any other person, firm, association or corporation to sell, peddle or hawk any goods, wares or merchandise, permanently or temporarily, on his or hers or its property, where such property is located in a district barring the sale of such goods, wares or merchandise according to Chapter 225, Zoning.
No person, firm, association or corporation owning or leasing property in the Town of Eden shall allow another person, firm, association or corporation to sell, peddle or hawk any goods, wares or merchandise, permanently or temporarily, on his or hers or its property, where such property is located in a district allowing the sale of such goods, wares or merchandise according to Chapter 225, Zoning, unless a license shall first have been obtained from the Town Clerk.
Any person registering with the Town Clerk and obtaining such license shall give his or her name, address, age, name and address of employer, if any, kind of vehicle, if one is to be used, and a statement of the character of the goods, wares or merchandise to be sold or hawked, and such other pertinent information as the Town Clerk may require.
Photo required. Every applicant shall submit, in triplicate, a photograph, two inches by two inches, taken within six months of the date of application, showing head, full face and shoulders. One copy shall be attached to the license application and one copy attached to the license, and one copy shall be delivered to the Chief of Police.
Fingerprints required. Each applicant shall have a fingerprint impression of all fingers and thumbs of both hands, and the fingerprint identification card with the photograph attached shall remain in the file with the Police Department and may be removed six months after the expiration date of the license.
Criminal history inquiry. Each applicant shall authorize and consent to a release by the Division of Criminal Justice Services (DCJS) of a criminal history record information (CHRI) to the Town of Eden, and each applicant shall pay, in addition to any other fees for the license, the appropriate fee to cover the full cost thereof. The police officer designated by the Police Chief to order and review criminal records ("Criminal Records Officer") shall cause the fingerprints of any applicant and any applicable fee to be forwarded to the Division of Criminal Justice Services in the form and manner prescribed by DCJS. The Criminal Records Officer, Town Clerk and Town Attorney shall review the criminal history record information (CHRI) disseminated by DCJS in connection with the applicant’s criminal background and investigation. In making the determination of the applicant’s fitness for the requested license, based upon the information provided by DCJS, New York State Correction Law §§ 700 through 703b and 751 through 753 shall be given due consideration.
[Added 9-23-2011 by L.L. No. 3-2011]
Each person licensed under the provision of this chapter shall keep with him or her and, upon demand of any police officer or other lawful authority or by the person being solicited by the vendor, produce the license issued to him.
Any vehicles licensed shall conspicuously display said license on the outside of said vehicle.
Each license shall expire 60 days from the date of issuance unless a longer period of time is requested. In any event, no license shall be issued for a term longer than the 31st of December following the issuance thereof.
Any license issued pursuant to this chapter may be revoked by the Town Clerk upon the order of the Town Board for proper cause and in the interest of the public safety.
A fee as set forth in the Standard Schedule of Fees on file in the town offices shall be paid by the applicant of each license issued.
All churches, schools, charitable or benevolent societies and veteran organizations whose offices, church, schools and posts are located within the town boundaries of the Town of Eden and all persons who are honorably discharged from the armed service of the United States shall be issued a license in accordance with this chapter, and all such churches, schools, charitable or benevolent societies, veteran organizations and honorably discharged persons of the armed services of the United States shall be exempt from paying a fee therefor.
Any violation of this chapter shall be punishable by a fine of not less than $10 nor more than $50, and in default of payment of said fine, by imprisonment for a term of one day for each dollar of the fine imposed.