[HISTORY: Adopted by the Town Board of the Town of Ontario 11-1-1988 by L.L. No. 1-1988. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building, store or vacant property in which or where the person transacts business and sells and deals in, during regular business hours, the goods, wares and merchandise he hawks, peddles or for which he solicits.
- HAWKER and PEDDLER
- Except as hereinafter expressly provided, any person, either principal or agent, who, from any railroad car or in any public street or public place or by going from house to house or place of business to place of business on foot or on or from an animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise.
- One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- 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, except newspapers, or for services to be performed in the future or for making, manufacturing or repairing any articles or things whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any person selling personal property at wholesale to dealers in such articles, to persons having an established place of business in the Town of Ontario or their employees engaged in the sale of milk, dairy products, eggs, ice or baked goods, to persons having an established place of business within the Town or their employees for soliciting orders from customers and delivering the same, to farmers or truck gardeners of said Town of Ontario who themselves or through their employees vend, sell or dispose of products of their own farms and gardens or to persons licensed pursuant to § 32, Article 4, of the General Business Law of the State of New York. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person, within the limits of the Town of Ontario, to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Town Clerk a written application upon a blank form prepared by the Town Clerk and furnished by the Town. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired; the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform and the method of distribution; the name, address and age of the applicant; the name and address of the person, firm or corporation he represents; the length of time the applicant desires the license; and such other information as may be required by the Town Clerk. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures of the County of Wayne, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Upon the filing of the application and certificate, as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 106-3, signed by the Town Clerk. Except as herein provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application may be issued by the Town Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of the license plate, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Such licenses shall automatically expire on December 31 following the date of issuance of such licenses.
One license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 16 years of age.
No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The fee for a license shall be as follows:
[Amended 7-10-1989 by L.L. No. 3-1989; 11-27-2006 by L.L. No. 4-2006]
Peddler's and hawker's license: a sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk.
Solicitor's license: a sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk.
Combined peddler's, hawker's and solicitor's license: a sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk.
One license shall entitle the person named therein to carry on the business for which the license is issued and shall be used by no other person.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
The Supervisor may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. The Supervisor shall notify the Town Clerk of the revocation of any license; and the reason or reasons therefor, in writing, shall be served by the Town Clerk upon the person named in the application. A copy of such notice shall be filed in the office of the Town Clerk.
A licensed hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale nor offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicle and receptacles used by him in clean and sanitary conditions, and the sale or peddling of any foodstuffs and edibles shall be subject to the rules and regulations of the Health Officer.
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares nor shout or cry out his wares.
Not stand or permit the vehicle used by him to stand in any one place in any public place or street for more than 10 minutes.
Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and residence of the persons licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
Any person who himself or by his clerk, agent or employees shall act as a hawker, peddler or solicitor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor shall be guilty of a violation as defined by the Penal Law, punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both, and each day on which a violation continues shall constitute a separate offense.