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:
PEDDLER
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.
[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.
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.