[HISTORY: Adopted by the Town Board of the Town of Guilderland 12-11-1979 by L.L. No. 6-1979 (Subpart 13 of the 1974 Code). Amendments noted where applicable.]
Zoning — See Ch. 280.
It is the intent of the Town Board of the Town of Guilderland to regulate the activities of peddlers in order to preserve the peace, safety and general welfare of the town and its inhabitants.
[Amended 7-10-1984 by L.L. No. 8-1984]
For the purposes of this chapter, the following terms shall have the meanings indicated:
- An individual, firm, corporation, club, society, partnership, unincorporated association, and any principal or agent thereof who, in or upon any street or highway, or going from place to place, from house to house, or from street to street, by foot, wagon, automotive vehicle or any other type of conveyance, or who, from a wagon, automotive vehicle, railroad car or other vehicle or conveyance with or without going from place to place, house to house, or street to street, sells or barters, offers for sale or barter, carries or exposes for sale or barter or takes or offers to take orders for, goods, wares, merchandise, meats, fish, fowl, vegetables, fruit, flowers, garden or farm products or provisions, or services of any kind. The term "peddler" shall include the words "hawker," "huckster" and "solicitor."
[Amended 7-10-1984 by L.L. No. 8-1984]
The provisions of this chapter shall not apply:
To any sales conducted pursuant to statute or by order of any court;
To sales of personal property at wholesale to dealers in such articles;
To sales to merchants having an established place of business within the town;
To the peddling of meats, fish, fowl, fruit, vegetables and garden produce by a gardener or farmer or his employees where the products sold or offered for sale are the produce of the vendor's farm, garden or orchard;
To sales by dealers in milk, baked goods, heating fuel and daily newspapers;
To sales by any person soliciting at the express invitation of the person solicited or soliciting to establish customers;
To sales by any school group, veterans, fraternal or charitable organizations, volunteer firemen's association, religious, civic or service group or other nonprofit organization or association that maintains a chapter or place for the regular conduct of business or meetings within the County of Albany; and
To any veteran who has procured a license from the State of New York pursuant to § 32 of the General Business Law.
It shall be unlawful for any person to act within the Town of Guilderland as a peddler without having a valid license therefor obtained as prescribed in this chapter.
Every applicant for a license under this chapter shall file with the Town Clerk a sworn application, in writing (in duplicate), on a form to be furnished by the Town Clerk setting forth the following:
The name and address of the applicant, both legal and local, if different.
The date of birth.
Citizenship of the applicant.
The social security number of the applicant.
A brief description of the nature of the business and the goods or services to be sold.
Expected inclusive dates of soliciting activity and reasons why activity will require such period of time.
The name of the streets or areas of the Town of Guilderland where peddling will be conducted.
Three photographs of the applicant, two inches by two inches in dimension, taken within 30 days of the date of the application. Such photographs shall show the head, full face and shoulders of the applicant. One copy of the photograph shall be attached to the application, one to the license, and the third shall be delivered to the Chief of Police of the Town of Guilderland.
A list of all other municipalities in which the applicant has peddled within the last three years, together with inclusive dates of such activities, together with a list of previous peddlers license permit numbers, noting which are still in effect.
A list of previous employments, exclusive of peddling during the last three years.
The name and address of the firm or organization represented, if any.
An itemized statement of all merchandise or services to be sold or offered for sale, including a price list.
A letter of authorization from the firm or organization the applicant purports to represent, if applicable.
A letter of authorization from each business supplying merchandise or services which the applicant sells or solicits orders for.
Copies of all order and receipt forms used by the applicant in soliciting sales or orders.
The name and address of counsel for the applicant.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance or local law, the nature of the offense and the punishment or penalty assessed therefor.
The names and addresses of at least two reliable property owners of the County of Albany, Schenectady, Rensselaer or Saratoga in the State of New York, who will certify as to the applicant's good character and reputation for business responsibility, or, in lieu thereof, any other available evidence as to the good character and business responsibility of the applicant which will enable the Town Clerk to properly evaluate such character and reputation for business responsibility.
No license shall be issued authorizing peddling by any person under the age of 18 years.
Each application for a license shall be accompanied by a fee as set by resolution of the Town Board from time to time payable to the Town Clerk to cover the cost of investigating and administering the application. An additional fee as set by resolution of the Town Board from time to time shall accompany the application for each employee of the applicant. Such fees shall be nonrefundable except that the Town Board may, in its discretion, waive or refund any such fees payable or paid by any nonprofit charitable, civic or service organization.
[Amended 11-16-1993; 8-15-1995 by L.L. No. 12-1995]
The Town Clerk shall make or cause to be made such investigation of the applicant's background, character and fitness as the Clerk may deem necessary for the protection of the public welfare and safety. Based upon such investigation, the Town Clerk shall either approve or disapprove the application. Upon approval, a license shall be issued containing the information set forth in the following section.
Upon disapproval, the Town Clerk shall state the reasons therefor and promptly notify the applicant thereof. Thereupon the applicant may request a hearing before the Town Clerk. Within three days of the receipt of such request, the Town Clerk shall issue a notice of hearing and shall thereafter hold the same in accordance with the procedure prescribed in § 216-9C of this chapter. The determination of the Town Clerk following such hearing shall be final and conclusive.
The license shall bear the signature of the Town Clerk and the seal of the town and shall set forth:
The name, address and photograph of the licensee.
The specific activity licensed.
The type of goods or services to be offered for sale.
The date of issuance.
The expiration date.
The license shall be nonassignable and upon request shall be produced and exhibited to any police officer or prospective customer of the licensee. No license shall be valid for a period of more than 60 days from the issuance date and in no event shall it be valid after the last day of the year in which it is issued.
[Amended 7-10-1984 by L.L. No. 8-1984]
No peddler, whether licensed pursuant to this chapter or exempt therefrom, shall within the Town of Guilderland:
Willfully misstate any fact relating to merchandise or services offered for sale.
Willfully offer for sale any article of an unwholesome or defective nature.
Call attention to himself or his vending activity by a public address system or by creating a public disturbance or loud and unusual noise.
Willfully and for the purpose of vending enter upon premises clearly displaying a sign prohibiting solicitation.
Fail to promptly leave premises upon request of any occupant of such premises.
Fail to furnish to a vendee upon request a legible receipt signed and dated by the licensee containing a description of the merchandise or services ordered or sold, the price thereof and the payment received.
Special use permit.
No peddler shall be permitted a stationary location nor shall he be permitted to operate from a stationary location on public or private lands fronting on public highways located in the Town of Guilderland and known as "New York State Route 20," "New York State Route 155," "Carmen Road" and/or "New York State Route 146," unless such peddler shall first make application for and obtain a special use permit from the Zoning Board of Appeals. No special use permit shall be granted until the Zoning Board of Appeals shall find and determine that:
Such use or operation is reasonably necessary or convenient to the public health, welfare or the economic or social benefit of the community;
No undue traffic congestion or hazard, both vehicular and pedestrian, will be created; and
The use or operation shall not impede or inconvenience the public.
The Zoning Board of Appeals is hereby authorized and empowered to and shall in any special use permit issued pursuant to this chapter impose such additional specific terms and conditions as it shall deem reasonably necessary to ensure or promote public health, safety and convenience.
Any license issued pursuant to this chapter may be revoked by the Town Clerk after notice and hearing for any of the following causes:
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Any misrepresentation or false statement contained in the license application or made in the course of business as a peddler.
Fraud, misrepresentation or false statement made in the course of business as a peddler.
Conducting the business of peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
The Town Clerk may suspend any license pending any hearing as herein prescribed.
Notice of hearing for revocation of a license shall be given, in writing, and shall set forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address not less than 10 business days prior to such hearing. The hearing shall be held within 21 business days from the date of suspension of the license. The determination of the Town Clerk following such hearing shall be final and conclusive.
Any person committing an offense against or violating this chapter or any section or provision thereof is guilty of a violation and shall, upon conviction thereof, be subject to a penalty as set forth in Chapter 1, General Provisions, Article III. In lieu of, or in addition to, any fine or imprisonment, or both, imposed hereunder, each such offense may be punishable by a civil penalty not to exceed $250 to be recovered in an action or proceeding in a court of competent jurisdiction. For each day such offense or violation continues, the violator shall be subject to a separate civil penalty.