As used in this chapter, the following terms
shall have the meanings indicated:
HAWKER and PEDDLER
Except as hereinafter expressly provided, any person, either
principal or agent, who, from 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 any vehicle, sells or barters, offers for sale
or barters or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, water and newspapers.
SOLICITOR
Any person who goes from place to place or house to house
or stands in any street or public place taking or offering to take
orders for goods, wares or merchandise, books, magazines, periodicals
or any other item or items of value (except newspapers or milk) or
for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
The term "solicitor" shall, however, also mean and include any person
requesting funds for any cause whatsoever.
It shall be unlawful for any person within the
corporate limits of the Town to act as a hawker, peddler or solicitor
as herein defined or assist the same without first having obtained
and paid for and having in force and effect a license therefor.
A nonrefundable application fee must be submitted
to the Town Clerk prior to receiving an application for a license.
Said fee shall be established from time to time by resolution of the
Town Board. All funds are to be cash, certified check, money order
or credit card.
All licenses issued pursuant to this chapter
shall be issued for a period not to exceed one year, nor a shorter
term than three months, but, in any event, shall expire on the 31st
day of December following the date of issuance.
License fees, as established from time to time
by resolution of the Town Board, shall be paid to the Town Clerk for
the license herein required.
A license or registration may be refused if
the applicant shall have been convicted of a misdemeanor or felony
which in the judgment of the Town Clerk renders the applicant unfit
or undesirable to carry on the trade or occupation of peddler or solicitor.
The Town Clerk may also refuse a license or registration to any person
who, in his or her judgment, shall be an undesirable person or incapable
of properly conducting such occupation. In addition, the Town Clerk,
upon consultation with the Greece Police Department and Town Attorney,
where applicable, may revoke any such license upon his or her determination
that the regulations and rules herein have been violated. Any applicant
who has been refused a license by the Town Clerk may appeal to the
Town Board therefor, and the same may be granted or refused by the
Town Board, except as prohibited by Town Law § 137, as amended
or revised.
Licenses or registrations issued under provisions
of this chapter may be revoked immediately by the Town Clerk upon
consultation with the Greece Police Department and Town Attorney.
If the licensee has one or more employees, agents or contractors,
the revocation hereunder shall apply to all. Revocation may occur
for the following reasons:
A. Fraud, misrepresentation or any false statement contained
in the application for license.
B. Fraud, misrepresentation or false statement made in
the course of carrying on the business as peddler, hawker, vendor
or solicitor.
C. Any violation of this chapter.
D. Conviction of any crime or misdemeanor involving dishonesty
or moral turpitude.
E. Conducting the licensed business in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
F. Any breach of stipulations or conditions specified
by the Town Board, if any, or any deviation from the terms and agreements
upon which a license has been granted, as provided herein.
Any person denied a license or registration or whose license or registration has been revoked in accordance with §
150-12 of this chapter shall be ineligible to apply for a new license for a period of six months from the date of such refusal or revocation, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.
Offenses against this chapter shall be punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
This chapter shall be enforced by the Police
Department of the Town of Greece or its designee, unless stated otherwise
herein.