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.
PERSON
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.
SOLICITOR
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.
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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. Not permit any vehicle used by him to stop or remain
on any crosswalk.
G. 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.