[HISTORY: Adopted by the Town Board of the Town of Manlius 3-13-1991
as Ch. 17 of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a building or store in or where the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or solicits
for during regular business hours.
Include, except as hereinafter expressly provided, any person, either
principal or agent, who from any public street or public place or by going
from house to house or place of business to place of business, on foot or
on or from any vehicle, sells or barters, offers for sale or barters or carries
or exposes for sale or barter any goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value, except milk, newspapers and
food distributed on regular customer routes.
Includes any person who goes from place to place or house to house
or stands in any street or public place taking or offering to take orders
for goods, wares or merchandise, books, magazines, periodicals or any other
item or items of value (except newspapers or milk) or for services to be performed
in the future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery. The term "solicitor" shall, however, also
mean and include any person taking or offering to take orders for goods, wares
or merchandise, books, magazines, periodicals or any other item or items of
value (except newspapers or milk) or for services to be performed in the future
or for making, manufacturing or repairing any article or thing whatsoever
for future delivery at the home or residence of any person who has been solicited
prior thereto by telephone or has responded to any type of advertising media
requiring an appointment or consultation or sales presentation in the home
or place of residence of such person.
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of
any court.
(2)
Any person selling personal property at wholesale to
dealers in such articles.
(3)
Merchants having an established place of business within
the town or their employees for soliciting orders from customers and delivering
the same.
(4)
Persons under the age of eighteen (18) years.
(5)
Peddling of meats, fish, fruit and farm produce by farmers
and persons who produce such commodities.
(6)
Any honorably discharged member of the armed forces or
any other person who has procured a license issued by the County Clerk as
provided by § 32 of the General Business Law of the State of New
York.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall register
annually with the Town Clerk in the event that they plan to engage in vending,
hawking, peddling or soliciting and shall indicate the type of activities
to be undertaken and the time when they will be performed.
It shall be unlawful for any person within the corporate limits of the
town to act as a hawker, peddler or solicitor as herein defined or assist
the same without first having obtained and paid for and having in force and
effect a license therefor.
A.
Any person desiring to procure a license as herein provided
shall file with the Town Clerk a written application upon a form furnished
by the Town Clerk and shall file at the same time satisfactory proof of good
character. Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of a
misdemeanor or felony and, if so, give the date of conviction, nature of offense,
penalty imposed and name and address of the court.
(6)
The name and address of the person, firm or corporation
he represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the Town
Board.
B.
If applicable, such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying that all
weighing and measuring devices to be used by the applicant have been examined
and approved.
An application for a license as a solicitor who demands, accepts or
receives payment of deposit of money in advance of final delivery shall also
be accompanied by a cash deposit of five thousand dollars ($5,000.) or a five-thousand-dollar
surety company bond or other bond secured by sufficient collateral, said bond
to be approved by the Town Attorney as to form and surety conditioned for
making a final delivery of the goods, wares or merchandise ordered or services
to be performed in accordance with the terms of such order or failing therein
that the advance payment on such order be refunded. Any person aggrieved by
the action of any licensed solicitor shall have the right by action on the
bond for the recovery of money or damages, or both. Such bond shall remain
in full force and effect and, in case of a cash deposit, such deposit shall
be retained by the town for a period of ninety (90) days after the expiration
of any such license unless sooner released by the Town Board.
A.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 89-3. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which in the judgment of the Town Clerk renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The Town Clerk may also refuse a license to any person who in his judgment shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.
B.
Any applicant who has been refused a license by the Town
Clerk may apply to the Town Board therefor, and the same may be granted or
refused by the Town Board except as prohibited by Town Law § 137.
Any holder of any license who permits it to be used by any other person
and any person who uses such license granted to any other person shall each
be guilty of a misdemeanor.
Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate in lieu thereof under the original application
and bond may be issued by the Town Clerk upon the filing with him by the licensee
of an affidavit setting forth the circumstances of the loss and what, if any,
search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in that order in which they
are issued, and shall state clearly the kind of vehicle to be used, the kind
of goods, wares and merchandise to be sold or service to be rendered, the
number of his license, the date of issuance and expiration of the license,
the fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant but
shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
A.
The license fee for each person licensed as a hawker,
peddler or solicitor for a period of six (6) months or less shall be fifty
dollars ($50.); for a period in excess of six (6) months but for not more
than one (1) year, one hundred dollars ($100.).
B.
The license fee for each person licensed to assist a
hawker, peddler or solicitor shall be twenty-five dollars ($25.) for a period
of six (6) months or less and fifty dollars ($50.) for a period in excess
of six (6) months but for not more than one (1) year.
C.
For the purpose of this chapter, a person who assists
a hawker, peddler or solicitor shall be deemed to be any person who participates
in delivering merchandise or any other items sold, performs any services in
or about the customer's premises or otherwise generally renders aid or
assistance, except participation in selling or soliciting orders.
A license issued pursuant to this chapter may be revoked after a public
hearing as provided in Article 9 of the Town Law.
A.
Prohibitions.
(1)
It shall be unlawful for any person to enter upon private
property for the purpose of peddling or so soliciting before the hour of 9:00
a.m. of any day or after the hour of 7:00 p.m. of any day except upon the
invitation of the householder or occupant.
(2)
It shall be unlawful for any peddler or solicitor in
plying his trade to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents," or other wording, the purpose of which purports to prohibit peddling
or soliciting on the premises.
(3)
No peddler or solicitor shall peddle, vend or sell his
goods or wares within two hundred (200) feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he permit
his cart, wagon or vehicle to stand on any public highway within said distance
of such school property.
(4)
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any person
or corporation in the town.
(5)
No peddler or solicitor shall blow a horn, ring a bell
or use any other noisy device to attract public attention to his wares or
shout or cry out his wares.
(6)
It shall be unlawful to create or maintain any booth
or stand or place any barrels, boxes, crates or other obstructions upon any
street or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
(7)
No peddler or solicitor shall represent or state or otherwise
indicate that he is not intending to sell or otherwise enter into a contract
with any person in the household.
(8)
No peddler or solicitor shall, in order to effectuate
or assist in any sale or solicitation, represent that he is engaged in any
contest or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.
B.
Any contract or sale made in violation of Subsection A(4), (7) and (8) shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited, and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing
made in duplicate, stating the terms thereof and the amount paid in advance,
and one (1) copy shall be given to the purchaser at the time the deposit is
paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter, giving the
number and date of each license, the fee paid and the date of revocation of
all licenses revoked.
A violation of any provision of this chapter is hereby declared to be
a misdemeanor and shall be punishable by a fine not exceeding two hundred
fifty dollars ($250.) or imprisonment of not more than six (6) months, or
both.
