Chapter 353 Peddling and Soliciting

Editor's Note: The resolution adopted this date also superseded former Ch. 353, Peddling and Soliciting, which consisted of Art. I, Solicitors, adopted 3-28-1955 (Ch. 95, Art. I of the 1971 Code), as amended; and Art. II, Street Vendors, adopted 1-20-2003 (Ch. 95, Art. II of the 1971 Code), as amended.

§ 353-1 Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them:

HAWKER or PEDDLER

Includes any person, either principal or agent, who from any vehicle or any public street or public place or by going from house to house, place to place or building to building, on foot or from a vehicle, sells or barters or offers for sale or barter or carries or exposes for sale or barter any goods, wares, services or merchandise. For the purpose of this chapter, the following terms shall be considered synonymous with "hawker" or "peddler": itinerant merchant, transient vendor, purveyor and door-to-door salesman.

LICENSEE

A person to whom a license has been issued pursuant to this chapter.

PUBLIC WAY

Any public street, road, highway, or sidewalk in the City of Middletown and any publicly owned land adjacent to and abutting any public street, road, highway, or sidewalk in the City of Middletown.

SOLICITOR

Includes any person who goes from house to house, place to place or building to building, taking or offering to take orders for trade, goods, wares, services or merchandise.

VEHICLE

Includes any automobile, truck, wagon or cart, either propelled by hand, motor power or animals, or any other means of transportation of commodities or locomotion.

§ 353-2 License required; exceptions.

No person shall be a hawker, peddler or solicitor, and no person shall sell, hawk, peddle or solicit any property, article of merchandise or service on any public way, nor shall any person travel from house to house, place to place or building to building in any section of the City, either on foot or with a vehicle, carrying and selling or offering for sale any property, article of merchandise or service without first obtaining a license therefor as hereinafter provided; but nothing herein contained shall apply to:

Sales made to merchants for retail trade;

Sales made to any person of farm produce if such farm produce is peddled and sold by the producer thereof or his or her agents or employees or to persons selling newspapers or periodicals. The term "farm produce" shall not include nursery stock, potted plants or cut flowers; or

Legitimate fundraising programs conducted by local not-for-profit, civic or religious organizations.

Events or programs sponsored by the City of Middletown.

[Added 3-3-2020]

In no event shall any license be granted to any hawker, peddler or solicitor to sell merchandise, wares or other goods to any spectator at or any participant in any parade in the City of Middletown or along the route of any parade in the City of Middletown, it being the determination of the Common Council of the City of Middletown that the presence of hawkers, peddlers and solicitors at parades in the City of Middletown poses a threat to the health, safety and welfare of participants in and spectators at parades in the City of Middletown.

The following persons or organizations shall be required to register with the City Clerk but shall not be required to obtain a license or to pay any registration fee:

Merchants or solicitors having an established place of business within the City or their employees while acting within the scope of their employment.

Enterprises or solicitors from whom the requiring of a license and fee would constitute interference with interstate commerce.

§ 353-3 License application requirements.

Religious and charitable institutions and organizations.

In no event shall any license be granted to any hawker, peddler or solicitor to sell foods or food products. This subsection shall not apply to ice cream vendors whose goods are limited to ice cream products.

[Added 3-3-2020]

Applicants for a license hereunder shall file with the City Clerk a verified application sworn or affirmed before a notary public, in duplicate, upon a form supplied by the City Clerk, which shall contain at a minimum the following:

The applicant's name, legal address and telephone number.

The applicant's place of residence for the past five years.

The applicant's business or employer for the past five years.

The applicant's age, height, weight, eye color, hair color and place and date of birth.

Two full-face photographs of the applicant taken within at least 30 days of the application and measuring at least 1 1/2 inches by 1 1/2 inches.

Whether or not the applicant has ever been convicted of a felony, misdemeanor or violation of any municipal ordinance, except traffic violations, and, if so, the date, court, ordinance violated and sentence of the court.

(7)

Whether the applicant has been licensed previously in any occupation and if so, when, where and for what periods; and if such previous license was ever revoked, the date of revocation and the reason thereof.

(8)

Fingerprints.

(9)

The name and address of the person, firm or corporation the applicant represents or is employed by.

(10)

The particular business, trade or occupation for which the license is requested, including a brief description of the nature of the business and the kinds of goods or services to be peddled, hawked or solicited.

(11)

The manner or means of conveyance in which said business or trade or occupation shall be conducted.

(12)

.(Reserved)[1]

Editor's Note: Former Subsection A(12), regarding an application to handle food, was repealed 3-3-2020.

(13)

If the applicant requires the use of weighing and/or measuring devices, such application shall be accompanied by a certificate, not more than six months old, from the Orange County Sealer of Weights and Measures certifying that all weights and measuring devices to be used by the applicant have been examined and approved.

(14)

If the application involves the use of a motorized vehicle, proof that:

The applicant holds a valid state driver's license.

Such vehicle has a valid state motor vehicle registration.

(c)

The applicant's vehicle is insured in accordance with the requirements of New York State law and this chapter; a description of the vehicle, including size, name and means of locomotion. The insurance must provide for coverage in at least the following amounts:

For death or injuries to any one person, at least $250,000.

[2]

For death or injuries arising out of any one accident, at least $500,000.

[3]

For property damage limits, at least $100,000.

[4]

All such insurance policies shall name the City of Middletown as an additional insured and must require that the City be notified in the event of any changes in such policies, which changes include, but are not limited to, cancellation of the policies and changes in the policy limits.

(15)

If the application involves the use of a nonmotorized vehicle, the applicant shall provide:

The size of the vehicle.

The means of locomotion.

(16)

Proof that the applicant holds a New York State sales tax identification number.

In the event that any other license or permit shall be required by any other governmental agency in connection with applicant's business, the same shall be produced by the applicant and the City Clerk shall duly note the same.

Any change in circumstances with regard to the information provided in the application on the license shall be reported to the City Clerk within 30 days.

§ 353-4 License application procedure.

The application, accompanied by all required information and nonrefundable application fee and costs, in the amounts set forth in this chapter, as the same may be changed from time to time, shall be submitted to the City Clerk.

Upon receipt of such application, the City Clerk shall refer the same to the City of Middletown Police Department for such investigation of the applicant to be made as it deems necessary for the protection of the public good. The City of Middletown Police Department shall submit the applicant's fingerprints along with applicable processing fees to the State of New York Division of Criminal Justice Services for a criminal history record, which will be received and reviewed by the City of Middletown Police Chief or his designee. By submitting an application, the applicant shall be deemed to consent to such investigation and to the issuance of such criminal history record to the City of Middletown Police Department.

If such investigation shall prove the applicant to have been convicted of any felony, or any misdemeanor, except a misdemeanor defined in the New York State Environmental Conservation Law or the New York State Vehicle and Traffic Law, the conviction shall disqualify the applicant from obtaining a license unless such a disability has been removed as provided in the New York State Correction Law.

If, as a result of such investigation of the applicant, no police record is found, the Police Department shall attach a statement to the application that it has no police record of the applicant and shall return the application to the City Clerk. If, in the judgment of the Chief of Police or his or her designee, the application should be denied, the Chief of Police or his or her designee shall report to the City Clerk the reasons why such application should be denied.

The City Clerk may refuse to issue the license if, in the judgment of the City Clerk and after review of the applicant's application, either the convictions render the applicant unfit or undesirable to carry on the trade or occupation involved, or the applicant shall be an undesirable person or incapable of properly conducting the trade or occupation involved in a way that is not detrimental to the health, safety and general welfare of the citizens of the City of Middletown. No license shall be granted to a person under 18 years of age, and no license shall be issued to a person who has been refused a license within the past 12 months or who has had a license revoked within the past 24 months, unless he or she can show that the reasons for such rejection or revocation no longer exist.

Denial of application; appeal.

Upon the denial of an application, the aggrieved party may, within 10 business days after receiving written notice, file a request, in writing, upon the Mayor of the City of Middletown for review of said decision. Failure to file within such ten-day period shall be deemed a waiver of the aggrieved party's right to file an appeal.

Upon receipt of such request, the Mayor shall designate a hearing officer who shall set a time and place for a hearing. The aggrieved party shall have the option of whether such hearing shall be public or private. Both the aggrieved party and the City Clerk shall be given an opportunity to present evidence in support of their respective claims.

Upon consideration of the evidence presented, the hearing officer shall sustain, modify or vacate the decision of the City Clerk. If the aggrieved party is not satisfied with the decision of the hearing officer, he or she may file a proceeding under Article 78 of the New York Civil Practice Law and Rules.

Such license shall contain the following:

The name, address and photograph of the licensee.

The kind of goods or services to be peddled or solicited thereunder.

The amount of fee paid.

The peddler's or solicitor's license number.

The date of issuance and the date of expiration of such license.

The type of license (i.e., on foot or by vehicle).

(7)

The state license plate number of the vehicle if for a vehicle permit and the name, address and telephone number of the company providing insurance for such vehicle.

(8)

The seal of the City of Middletown.

(9)

The signature of the City Clerk or authorized deputy.

The City Clerk shall keep a record of all licenses issued, and a list of such licensed peddlers shall be filed with the City of Middletown Police Department.

§ 353-5 License fees and costs.

The following fees and costs for licenses authorized under this chapter are hereby established:

Fees:

Annual fee for hawkers, peddlers and vendors per license: $250.

[Amended 11-2-2015]

Semiannual fee, per six-month-period per license: $150.

[Amended 11-2-2015]

(c)

Replacement fee, lost/stolen license: $75.

Costs:

The cost of the criminal history record check required by § 353-4B.

§ 353-9 License production and display.

Any other costs incurred by the City in connection with the application except the cost of salaries paid to City employees who are involved in processing the license application.

(c)

Badge fee: $20.

[Added 11-2-2015]

License fees and costs shall be collected by the City Clerk or the City Treasurer at the time of the application and are not refundable, nor are they to be prorated or abated.

The amount of fees and costs may be changed from time to time by action of the Common Council of the City.

§ 353-6 Duration of licenses.

All annual licenses issued hereunder shall terminate on the 30th day of April next succeeding the issuance thereof. All semiannual licenses shall terminate six months from the date of issuance thereof.

§ 353-7 Renewal of license.

License renewal applications shall be made in person to the City Clerk, who shall issue the same in accordance with the terms of this chapter. The City Clerk, before issuing a renewal of an existing license, shall request the Chief of Police of the City to investigate whether the applicant is of good character and repute and if there has been any change in circumstances involving the applicant from the date of the issuance of the previous license. The Chief of Police shall furnish to the City Clerk, in writing, the information derived from such investigation, together with a recommendation as to whether the renewal should be granted or refused. The criminal history record as provided for in § 353-4B and the fingerprints required pursuant to § 353-3A(8) shall be valid for one year from the date thereof. All other requirements under § 353-3 must be met.

§ 353-8 Nontransferability.

No license issued under the provisions of this chapter may be used or displayed at any time by any person other than the person to whom the license is issued and whose name and picture appear on the license.

Each licensee shall carry on his or her person the original or a certified copy of all licenses issued by the City Clerk at all times while the licensee is engaged in peddling or soliciting, and shall exhibit the same to any City official or police officer upon request.

If a license issued under this title is lost or stolen, such shall be reported to the City Clerk within 10 days. Upon such notification, the City Clerk shall issue a replacement license at cost to the licensee in an amount as provided in § 353-5.

§ 353-10 Use of weighing and measuring devices.

All weighing and measuring devices used by licensees shall be attached to a fixed standard suspended from the vehicle or conveyance used by such peddler or solicitor, in order to ensure the accuracy of such device.

§ 353-11 Identification of vehicle.

A person licensed under the provision of this chapter and using a vehicle shall place upon either side of the body of such vehicle the words "licensed vendor" together with the number of such license. Signs may be painted on or affixed to the licensee's vehicle, provided they do not exceed the dimensions of the vehicle on which they are placed and that such vehicle can be driven with the sign affixed. The use of other moveable, portable or freestanding signs is prohibited.

§ 353-12 (Reserved) [1]

§ 353-15 Locations where hawking, peddling and soliciting are prohibited.

Editor's Note: Former § 353-12, Use of vehicle to vend food, was repealed 3-3-2020.

§ 353-13 Hazardous items.

It shall be unlawful for any person to peddle, sell or vend any item in or on any public way that is hazardous or injurious to the health, safety and well-being of another person.

§ 353-14 Streets not to be obstructed.

No person shall stop, either on foot or with any vehicle, in or on any public way for the purpose of vending any goods or merchandise longer than while actually engaged in selling at any one time.

In order to relieve the congested condition of pedestrian and vehicular traffic on the streets hereinafter mentioned, hawking, peddling and soliciting are prohibited at all times on the following streets:

Within 50 feet of any intersection or pedestrian crosswalk.

Within 50 feet of any driveway, loading zone or bus stop.

Within 50 feet of another street vendor location assigned to another vendor.

Against display windows of fixed-location businesses.

Any area within 300 feet of a hospital, college or school.

Within 100 feet of any fire hydrant or fire escape.

(7)

Within 50 feet of any parking space or access ramp designated for persons with disabilities or handicaps.

It shall be unlawful for any peddler or solicitor to peddle, hawk, vend, solicit or sell his or her goods, services or wares within 250 feet of any church, synagogue or place of worship during services or any place occupied as a public or private school or college or for school or college purposes while in session, nor shall be or she permit his or her cart, wagon or vehicle to stand on any public highway within said distance of any such school or college property while in session.

No licensee who is licensed by the City pursuant to this chapter shall hawk, peddle or solicit on privately owned lands unless specifically authorized by the Common Council, in its sole discretion, to do so for an event such as a flea market, carnival, circus, community day or any similar event or activity.

It shall be unlawful for any licensee in plying his or her trade to enter upon any premises or property, or to ring the doorbell 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 peddler," "no solicitors," "no agents" or other wording the purpose of which purports to prohibit peddling, hawking or soliciting on the premises. This section does not apply to political activities or other activities protected by the United States Constitution or federal law.

It shall be unlawful for any licensee in plying his or her trade to enter property on which there exists an apartment, condominium, cooperative or multiple-residence complex or a shopping complex to hawk, peddle or solicit on foot without the permission of the owner of such property to do so.

It shall be unlawful for any licensee to ply his or her trade in any park of the City, unless a permit has been granted for such activity by the Common Council in its sole discretion.

It shall be unlawful for any licensee to ply his or her trade before the hours of 9:00 a.m. and after the hours of 5:00 p.m. unless the hours are extended by the City Clerk for reasonable cause.

It shall be unlawful for any licensee to:

Unduly obstruct pedestrian or motor vehicle traffic flow;

Obstruct traffic signals or regulatory signs;

Stop, stand or park any vehicle or other conveyance upon any street during the hours when parking, stopping or standing has been prohibited by signs or curb markings;

Operate or sound any loudspeaker, public address system, radio, sound amplifier or similar device in violation of any provision of any noise ordinance or regulation of the City of Middletown; or

§ 353-16 Carrying, wearing advertising boards or frames.

Conduct his or her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct access to emergency and sanitation vehicles.

The carrying or wearing of any board or frame having thereon any sign or advertising matter and attached to or suspended from the body of any person upon any public way for the purpose of hawking, peddling or soliciting is hereby prohibited.

No licensee shall display merchandise of goods for sale other than on his or her person or in the vehicle for which he or she is licensed pursuant to this chapter. Displays of merchandise on the ground or on moveable structures or stands outside the licensee's vehicle are prohibited.

Only one awning or umbrella which is mounted on a vehicle licensed pursuant to this article is permitted per vehicle.

§ 353-17 Suspension or revocation of license.

A license issued under this chapter may be suspended or revoked by the City Clerk after notice and hearing, if requested pursuant to the requirements of Subsection B herein, for any of the following reasons:

Fraud, misrepresentation or false statement contained in the application for the license.

Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler, hawker, or solicitor.

Any violation of this chapter, whether or not such violation is the subject of a court proceeding.

Conviction of any crime or misdemeanor involving moral turpitude.

Conducting the business of peddling, hawking or soliciting 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.