[HISTORY: Adopted by the Town Board of the Town of Livonia 12-1-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the conduct and business practices of hawkers, peddlers and transient merchants within the Town of Livonia.
As used in this chapter, the following terms shall have meanings indicated:
- DOOR-TO-DOOR SALESPERSON
- A person who canvasses or sells from door to door without conducting
business in a location or locations as set forth herein in the definition
of "hawkers, peddlers and transient merchants."[Added 1-21-1989 by L.L. No. 1-1989]
- HAWKERS, PEDDLERS and TRANSIENT MERCHANTS
- A retail or wholesale business conducted in a tent; from a truck,
van or trailer; on a parking lot or vacant parcel of land; on a
part of a public right-of-way; or in any other place for a temporary period
of time. The lack of rental or leasing agreement of three months' or more
duration, sealed by monetary consideration, shall be presumptive of a temporary
situation. The type of merchandise or service being offered for sale will
have no bearing on the designation. Door-to-door salespersons shall not be
considered hawkers, peddlers or transient merchants.[Amended 1-21-1989 by L.L. No. 1-1989]
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
The purpose of this chapter is to assist the government of the Town of Livonia in the management of its business, the preservation of good order and peace, health, safety and welfare of its inhabitants and the protection and security of their property.
No person shall engage in business as a hawker, peddler or transient merchant unless he shall first have obtained a license to do so from the Town Clerk or his designee no later than two business days before the first date of business. The fee for a hawker, peddler or transient merchant's license shall be at the rate as set forth from time to time by resolution of the Town Board, payable upon application for license.
No person shall engage in business as a door-to-door salesperson unless he or she shall first have registered with the Town Building Department. The fee for such registration shall be established from time to time by resolution of the Town Board.
[Added 1-21-1989 by L.L. No. 1-1989]
An application for a hawker, peddler or transient merchant's license shall provide the following information:
The address of his place of residence.
The firm or firms he represents, together with copies of documents establishing the firm's state or county, form of organization, ownership and qualifications to do business in the state and the exact relationship between the firm and the transient merchant.
A brief description of the nature of the business and the kind of goods or commodities he desires to sell.
The location where the applicant proposes to sell such merchandise or provide such service and the time during which said business is to be conducted.
The New York State tax identification number.
Licenses hereunder shall state the place where business is to be conducted and the date of expiration of the term of such business pursuant to the license.
Nothing in this chapter shall be held to apply to any of the following:
Sales conducted pursuant to statute.
Sales conducted pursuant to an order by any court.
Any person selling personal property at wholesale to dealers in such articles.
The sale of fruits and vegetables raised on the property where being sold.
Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York.
Persons soliciting, collecting or operating a sale on behalf of any bona fide charitable, educational, scientific, health, religious, patriotic or other organization of worthy cause deemed to be in the public interest.
Any person selling personal property at a garage sale held at his residence.
Chapter 150, Zoning, of the Town of Livonia shall apply to all licenses granted under this chapter. The town reserves the right to revoke any license which violates such chapter.
The owner, proprietor or manager of any hotel, motel, rooming house or other place of public accommodation shall report, within six hours after renting, to the Town of Livonia Clerk's office the name of any person who has rented a room or other space for the sale and display of merchandise of a hawker, peddler or transient merchant, giving the location of the room so rented.
Any person, firm or corporation which violates any provision of this chapter shall be punishable, upon conviction, by a fine of not more than $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment; and shall be further directed to obtain a license pursuant to this chapter, paying the appropriate fee. Each day that such violation continues shall be considered a separate and distinct offense.