The purpose of this chapter shall be to improve and promote
the health, safety and general welfare of the community, and the preservation
and protection of the property of the Town of Eden and its inhabitants,
by declaring and enforcing certain regulations and restrictions pertaining
to peddling and soliciting.
No person shall engage in soliciting or peddling within the
Town of Eden without procuring a permit from the Town Clerk.
Applications shall provide the following information:
A. The applicant's name, address, sex, race, age, previous criminal
record, if any; the name and address of the person or corporation
for whom he works, if any. Where a person makes application for himself
and one or more helpers who will be working unaccompanied, all applicable
personal information specified above shall be required to be given
for each helper, and an individual permit shall be required and issued
to each helper. No permit issued under this chapter shall be transferable
from one person to another.
B. The firm or firms represented, together with copies of documents
establishing the firm's state or county, form of organization,
ownership and qualifications to do business in the State of New York,
including, but not limited to, doing business as certificates, certificates
of incorporation, certificate of authority from the New York Sales
Tax Department, disability and workers' compensation insurance
and the exact relationship between the firm and the merchant.
C. A brief description of the firm and the kind of goods, commodities,
subscriptions, services or contracts the applicant desires to sell
or solicit within the Town of Eden.
D. The location(s) where the applicant proposes to sell items listed in Subsection
C.
E. A signed statement that the vendor shall indemnify and hold the Town
of Eden harmless and its officers and employees for any claims for
damages to property or injury to persons which may be occasioned by
any activity carried on or under the terms of the permit.
F. A valid insurance certificate, New York State Department of Motor
Vehicles registration, and certificate of inspection for the vehicle
which will be used.
G. Background check.
(1)Â The police officer designated by the Police Chief to order and review
criminal records ("Criminal Records Officer") shall cause the fingerprints
of any applicant for a peddling or soliciting permit and any applicable
fee to be forwarded to the Division of Criminal Justice Services (DCJS)
in the form and manner as prescribed by DCJS for a complete criminal
background and investigation upon receipt of the appropriate fee from
the applicant.
(2)Â The Criminal Records Officer shall review the criminal history record
information (CHRI) disseminated by DCJS in connection with the applicant's
criminal background and investigation. The Criminal Records Officer
shall approve or deny the application based on the findings of the
review.
(3)Â In making the determination of the applicant's fitness for the
requested permit, based upon the information provided by DCJS, New
York State Correction Law §§ 701 through 703b and §§ 751
through 753 shall be given due consideration.
H. A hard copy of photograph of peddlers and solicitors (two inches
by two inches).
Application fees for this permit shall be set from time to time
by resolution of the Town Board.
Each solicitor or peddler shall be issued a permit unless he
shall have been convicted of a crime involving moral turpitude or
engaged in a business not permitted by law. This permit shall be valid
all days between the hours of 9:00 a.m. Monday through Saturday to
one hour prior to sunset, from the date of issuance for a period of
60 days thereafter, which permit shall not be transferable, but shall
be revocable in the event of any violation of the terms and conditions
thereof.
Every solicitor or peddler shall, at all times, while engaged
in soliciting and peddling within the Town, carry the permit upon
his person and shall exhibit the same upon request to all persons
solicited or to any police officer within the Town. Each solicitor
or peddler may only use the vehicle registered upon his permit.
No person engaged in soliciting or peddling shall hawk or cry
his goods, wares, merchandise, offers, contracts or services upon
any streets, roads or highways within the Town, nor shall he use any
loudspeaker, horn or any other amplifying device.
A person shall not be required to register and obtain a permit
in the event they are soliciting or peddling for any purposes directly
connected with a religious, charitable, benevolent, patriotic, school
or service organization to the Town of Eden.
Entering or remaining in a private residence or place of business
in the Town of Eden by a solicitor or peddler, for the purpose of
soliciting, or remaining in a private residence or on the premises,
or any place of business or on the premises, after the owner or occupant
thereof shall have requested any solicitor or peddler to leave, or
going in and upon the premises of a private residence or place of
business by a solicitor or peddler for any such purposes when the
owner or occupant has displayed a "no soliciting" sign on such premises,
is prohibited and is further declared to be an offense.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be guilty of an offense and shall
be required to purchase a permit as provided herein and shall be sentenced
to pay a fine not to exceed $250 or imprisonment not to exceed 30
days, or both, for each and every violation of this chapter per day.