[HISTORY: Adopted by the Town Board of the Town of Montgomery 1-21-1988 by L.L. No.
1-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 235.
[1]
Editor's Note: This local law also repealed former Ch. 165,
Peddling and Soliciting, adopted 12-19-1968 by L.L. No. 1-1968.
The purpose of this chapter is to assist in the orderly government
of the Town of Montgomery, to assist in the orderly management of
the business, peace, health, safety and welfare of its inhabitants
and the protection and security of their property.
As used in this chapter, the following terms shall have the
meanings indicated:
One selling prepared food products for immediate consumption
from any motor vehicle, trailer, platform, stand, tent or on any highway,
street, public right-of-way, alley or other place within the Town
of Montgomery.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, in any public street or public place
or by going from house to house or place of business, on foot or on
or from any animal or vehicle standing in the street or highway, sells
or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise, except as hereinafter exempted.
Includes 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 used.
A truck gardener or farmer who himself or through his employees,
vends, sells or disposes of products of his own farm or garden from
any location within the Town of Montgomery other than his permanent
residence or permanent farmstead.
Includes 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 as hereinafter
exempted, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
One conducted in a store, hotel, house, building, motor vehicle,
trailer, tent, railroad boxcar or boat or on any street, alley or
other place for the sale of retail goods, wares or merchandise, except
for prepared food and farm products, and which is intended to be conducted
for a temporary period of time and not permanently. If the place in
which the business is conducted is rented or leased for a period of
six months or less, such fact shall be presumptive evidence that the
business named or carried on therein is a transient business.
A.
This chapter shall not apply to sales in a residence where the retail
merchant also resides in such permanent residence within the Town
of Montgomery and shall not apply to door-to-door sales by civic groups,
churches, school-sponsored programs, Girl or Boy Scout programs, Little
League Baseball, Rotary Clubs, Lions Clubs, Kiwanis and like civic-minded
groups. Further, the provisions of this chapter shall not apply to
persons engaged in the sale of cosmetics or Tupperware; provided,
however, that such sales occur solely and exclusively within a residence
by permission of the owner thereof. It is the intent of this section
to except such persons who sell Avon products, Tupperware, Mary Kay
Cosmetics and like groups that conduct sales of like wares in residences
with permission of the owner thereof.
B.
This chapter shall also not apply to any person soliciting at the
express invitation of the person solicited; to a wholesaler selling
articles to dealers or merchants who have an established place of
business within the Town of Montgomery; to any sales held pursuant
to statute or by order of any court; or to insurance brokers, insurance
agents, real estate brokers, real estate agents, stockbrokers and
securities salesmen, all of whom must hold any required license from
the State of New York for such professions or businesses.
C.
Anything to the contrary notwithstanding, this chapter shall not
apply if its enforcement would unlawfully interfere with interstate
commerce.
A.
It shall be unlawful for any person, firm or corporation to conduct
or operate a transient retail business, roadside farm market, food-vending
business or to engage in hawking, peddling and/or soliciting sales
of any products to which this chapter applies within the Town of Montgomery
without first obtaining a license from the Town Clerk of the Town
of Montgomery.
B.
All licenses shall be nontransferable.
C.
The particular licensee shall have such license in his possession
at all times and shall exhibit the same at any time upon demand by
any Town police officer, the Town Clerk or any other officer of the
Town designated by the Supervisor and the Town Board and upon demand
by any citizen or customer or prospective customer.
A.
The fees for the licenses required by this chapter shall be as follows:
|
Type of License
|
Fee
|
|---|---|
|
Transient retail business
|
$100
|
|
Roadside farm market
|
$100
|
|
Food-vending business
|
$100
|
|
Hawker/peddler
|
$100
|
|
Solicitor
|
$100
|
B.
An honorably discharged member of the armed forces who is handicapped
as a result of injuries received while in the military services of
the United States and who has procured a license from the Orange County
Clerk as provided by the General Business Law of the State of New
York shall be exempt from this fee requirement.
A.
The application for the license shall include a statement verified
by the person or persons who are to conduct such transient retail
business, roadside farm market, food-vending business or who seeks
to engage in hawking/peddling and soliciting and, if a corporation,
by the president and treasurer thereof, containing the following information:
(1)
The full name, address, telephone number, photograph, physical description
and criminal arrest and conviction record, if any, of each of such
persons and, if a corporation, the state under the laws of which it
is organized, the exact location of its principal office place of
business and the names and addresses of its officers.
(2)
The name and address of the person located in New York State upon
whom process or official notice may be served.
(3)
The exact location and nature of the business engaged by such persons
during the five years immediately preceding the filing of such statement
and, in the case of a corporation organized less than five years,
since its organization.
(4)
The exact location within the Town of Montgomery where business is
to be conducted, if other than a hawker/peddler or solicitor.
(5)
The date on which such person intends to begin doing such business
within the Town.
(6)
The valid, certified sales tax number issued to the applicant by
the New York State Department of Taxation and Finance.
(7)
A statement that the applicant has the permission of the landowner upon whose lands the transient retail business, roadside farm market, or food-vending business as designated in Subsection A(4) herein, together with the name, address and telephone number of such landowner or, in the alternative, proof of an agreement between the vendor and the landowner as to the permitted operation of the same, together with the name, address and telephone number of such landlord.
(8)
The type of products or services to be sold or solicited, including
trade name of products, if any. Further, the name and address of the
manufacturer of the above products or the company the applicant represents.
If the manufacturer or company is located outside of New York State,
provide the name and address of the New York office.
(9)
Whether or not an application for a similar license has ever been
rejected in any jurisdiction within the United States.
(10)
Whether or not the applicant or anyone associated with its business
has ever held a similar license in the Town of Montgomery at anytime
in the past. If so, provide the last license number.
(11)
Motor vehicle to be used by licensee, including make, model,
year, color, state registration number and driver's license number.
(12)
Where foodstuffs and edibles are proposed for sale under any
license herein, the applicant shall present with the application all
proper and valid Department of Health certificates as otherwise required
by law.
B.
Any false statement contained in any application hereunder shall
be grounds for revocation of the subject license.
A.
Upon filing of the verified application required herein, the Town
Clerk shall immediately cause an investigation to be made of the parties
named in such statement, along with the merchandise, and, after such
examination and in no event more than five business days after submission
of a completed application, the Town Clerk may refuse to issue a license
to conduct such business, if, in the judgment of the Town Clerk the
public interest so requires.
B.
Upon the refusal of the Town Clerk to issue a license to any applicant
or upon the determination of the Town Board that any license shall
be revoked, the procedure prescribed in § 137 of the Town
Law shall control. When a license shall be revoked, no refund of any
unearned portion of the license fee shall be made. Notice of such
revocation and the reason therefor, in writing, shall be served by
the Town Clerk upon the person designated in the application to receive
notice and service of process, and a copy of such notice shall be
filed with the Town Clerk.
A.
Upon the filing of the application as provided in the preceding section,
the Town Clerk shall, upon his or her approval of such application,
issue to the applicant a license as provided. No licenses shall be
refused except for a specific reason and for the protection of public
safety, health, morals or general welfare.
B.
License conditions.
(1)
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 be guilty of a violation
of this chapter.
(2)
Such license shall automatically expire on January 1, following the
date of issuance of such license, but such license may provide for
an earlier expiration date.
(3)
No license shall be granted to a person under 18 years of age.
(4)
No application 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 or revocation no longer exists.
Any licensee may employ not more than two persons to assist
in selling and delivering the wares, but such persons shall so act
only while accompanying a licensed peddler, hawker or solicitor. An
additional license shall be required for each additional employee
engaged in selling or soliciting the wares or services of his employer,
over the two employees permitted above.
No person shall conduct a transient retail business, roadside
farm market or food-vending business within the Town at any location
other than that named in the statement filed in the office of the
Town Clerk.
A licensed transient retail merchant, roadside farm market operator,
food-vending operator, peddler, hawker or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects and, where foodstuffs and
edibles are involved, shall comply with Article 13, Title VIII, of
the Public Health Law of the State of New York.
C.
Not stand or permit the vehicle used by him to stand in one place
in any public place or street or street right-of-way for more than
10 minutes or in front of any premises for any time if the owner or
lessee of the premises objects.
D.
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, except
when written permission from school authorities has been procured.
E.
Not permit any vehicle used by him to stop or remain on any crosswalk.
F.
Not create or maintain any motor vehicle, trailer, booth or stand
or place any barrels, boxes, crates or other obstructions upon any
public highway, street or public right-of-way or upon any public place
for the purpose of selling or exposing for sale, any goods, wares
or merchandise.
Any licensee or its agents, servants or employees carrying,
keeping or using scales, measures or other appliances for weighing
or measuring shall first have the same inspected by the County Sealer
of Weights and Measures and, if the latter shall find such appliances
correct and true, he shall issue his certificate to that effect, and
such certificate shall be affixed thereto in a conspicuous place.
A licensee, its agents, servants and employees shall not carry, keep
for use or use any such appliances which shall not be correct and
true and do not give record and give the weight and quantity claimed
by said licensee, agent, servant or employee.
All orders taken by licensed solicitors, hawkers and peddlers
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 fee paid and also
the date of revocations of all licenses revoked.
Any person violating any provision of this chapter shall be
guilty of the violation of disorderly conduct for each offense and
the person shall be deemed a disorderly person and shall be subject
to a fine of not more than $250 or a term of imprisonment of not more
than 15 days, or both such fine and imprisonment, for each offense
hereunder.
This chapter imposes requirements in addition to those of any other statute, local law not hereby repealed, regulation, rule or ordinance, including but not limited to all the terms, provisions and requirements of Chapter 235, Zoning, of the Code of the Town of Montgomery as it now exists or as it is from time to time amended.
