It shall be illegal for any person to publicly sell, hawk or peddle
any articles of merchandise, including any property not considered articles
of merchandise, on any street located within the territorial boundary of the
Town of Rhinebeck, excluding the Village of Rhinebeck, without first having
obtained a license from the Town Clerk as hereinafter provided, except as
exempted herein.
As used in this chapter, the following terms shall have the meanings
ascribed to them:
HAWKER AND PEDDLER
Includes any person, either by principal or agent, who, from any
vehicle or any public street or public place or by going from house to house,
on foot or from a vehicle, sells or barters or offers for sale or barter or
carries or exposes for sale or barter any goods, wares or merchandise.
PUBLIC WAY
Any publicly owned land adjacent to and abutting any public street,
road or highway.
SOLICITOR
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.
VEHICLE
Includes any automobile, truck, wagon or cart, either propelled by
hand, motor power or animals, or any other means of transportation of persons
or commodities or locomotion.
All licensees desiring to renew their licenses shall make application
to the Town Clerk of the Town of Rhinebeck at least 60 days prior to the termination
of their existing license, together with the necessary fee for said renewal
as hereinafter set forth. The Town Clerk shall refer all applications for
said renewal to the Town Board, which shall approve or disapprove the same.
Upon the approval by the Town Board, the Town Clerk shall be authorized to
issue a new license, which shall terminate as hereinafter set forth.
Under this chapter, the fees shall be as provided in Chapter
A126, Fees.
It shall be illegal for any person licensed under this chapter to remain
in one location for any period longer than is actually necessary for the conduct
of said business licensed hereunder. The allowable hours of operation shall
be one hour after sunrise until one hour before sunset.
No license issued under the provisions of this chapter may be used or
displayed at any time by any person other than the person whose name and picture
appear on the license.
It shall be the duty of any police officer operating within the Town
of Rhinebeck to require any person seen peddling or soliciting and who is
not known by such police officer to be duly licensed to produce his/her peddler's
license and to enforce the provisions of this chapter against any person found
to be violating the same.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be subject to a penalty not to exceed $250 or to an imprisonment
for a term not to exceed 15 days, or both. The continuance of an offense for
each twenty-four-hour period shall be deemed a distinct and separate violation.