[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.]
GENERAL REFERENCES
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:
A.
To any sales conducted pursuant to statute or by order
of any court;
B.
To sales of personal property at wholesale to dealers
in such articles;
C.
To sales to merchants having an established place of
business within the town;
D.
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;
E.
To sales by dealers in milk, baked goods, heating fuel
and daily newspapers;
F.
To sales by any person soliciting at the express invitation
of the person solicited or soliciting to establish customers;
G.
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
H.
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.
A.
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:
(1)
The name and address of the applicant, both legal and
local, if different.
(2)
The date of birth.
(3)
Citizenship of the applicant.
(4)
The social security number of the applicant.
(5)
A brief description of the nature of the business and
the goods or services to be sold.
(6)
Expected inclusive dates of soliciting activity and reasons
why activity will require such period of time.
(7)
The name of the streets or areas of the Town of Guilderland
where peddling will be conducted.
(8)
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.
(9)
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.
(10)
A list of previous employments, exclusive of peddling
during the last three years.
(11)
The name and address of the firm or organization represented,
if any.
(12)
An itemized statement of all merchandise or services
to be sold or offered for sale, including a price list.
(13)
A letter of authorization from the firm or organization
the applicant purports to represent, if applicable.
(14)
A letter of authorization from each business supplying
merchandise or services which the applicant sells or solicits orders for.
(15)
Copies of all order and receipt forms used by the applicant
in soliciting sales or orders.
(16)
The name and address of counsel for the applicant.
(18)
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.
(19)
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.
C.
No license shall be issued authorizing peddling by any
person under the age of 18 years.
D.
Each application for a license shall be accompanied by
a fee[2] 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]
A.
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.
B.
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.
A.
B.
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]
A.
No peddler, whether licensed pursuant to this chapter
or exempt therefrom, shall within the Town of Guilderland:
(1)
Willfully misstate any fact relating to merchandise or
services offered for sale.
(2)
Willfully offer for sale any article of an unwholesome
or defective nature.
(3)
Call attention to himself or his vending activity by
a public address system or by creating a public disturbance or loud and unusual
noise.
(4)
Willfully and for the purpose of vending enter upon premises
clearly displaying a sign prohibiting solicitation.
(5)
Fail to promptly leave premises upon request of any occupant
of such premises.
(6)
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.
B.
Special use permit.
(1)
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:
(a)
Such use or operation is reasonably necessary or convenient
to the public health, welfare or the economic or social benefit of the community;
(b)
No undue traffic congestion or hazard, both vehicular
and pedestrian, will be created; and
(c)
The use or operation shall not impede or inconvenience
the public.
(2)
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.
A.
Any license issued pursuant to this chapter may be revoked
by the Town Clerk after notice and hearing for any of the following causes:
(1)
Any violation of this chapter.
(2)
Conviction of any crime or misdemeanor involving moral
turpitude.
(3)
Any misrepresentation or false statement contained in
the license application or made in the course of business as a peddler.
(4)
Fraud, misrepresentation or false statement made in the
course of business as a peddler.
(5)
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.
B.
The Town Clerk may suspend any license pending any hearing
as herein prescribed.
C.
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.
