[HISTORY: Adopted by the Town Board of the
Town of Wappinger 10-26-1992 by L.L. No. 10-1992; amended in its entirety 8-5-2002 by L.L. No.
11-2002. Subsequent amendments noted where applicable.]
The name of this chapter shall be entitled "Peddling
and Soliciting."
This chapter is adopted pursuant to the authority
granted to the Town of Wappinger pursuant to Town Law §§ 136,
Subdivision 1, and 137; Vehicle and Traffic Law § 1157 (c);
and General Business Law §§ 32 and 35.
A.
The Town of Wappinger finds that there has been a
major increase in the number of solicitors and peddlers of a transient,
stationary and semistationary nature, selling their goods and wares
door-to-door from vehicles and stands on vacant and improved land
and on the public highways in the Town.
B.
This increase of transient solicitors and peddlers
and those who establish themselves at fixed locations creates a potential
danger to the health, safety and general welfare of the citizens of
the Town. The problems created include increased traffic, congestion
and parking problems.
C.
This chapter is intended to be an expression of the
police power of the Town and is not intended to be a revenue measure.
As used in this chapter, the following terms
shall have the meanings indicated:
A person to whom a license has been issued pursuant to this
chapter.
Any person, including an employee or agent of another, who
sells or offers to sell food, beverages, goods, merchandise or services
on any public street or sidewalk from a stand, motor vehicle or from
his or her person, or one who goes upon the premises of any residence
in the Town, not having been invited by the occupant thereof, selling
or offering to sell food, beverages, goods, merchandise or services.
Includes all areas legally open to public use as public streets,
sidewalks, roadways, highways, parkways, alleys and any other public
way.
Any person, including an employee or agent of another, who
takes or offers to take orders for the sale of any goods, wares or
merchandise for future delivery, or for the performance of future
services, or distributes advertising material or solicits information
which will be provided to others, or requests a contribution of money
or anything of value, on any public street or sidewalk, or upon premises
of any residence in the Town not having been invited by the occupant
thereof.
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the New York State Department of Motor Vehicles,
used for the display, storage or transportation of articles offered
for sale by a peddler or solicitor.
Any peddler who stands or remains in one location or within
200 feet of said location for more than 10 minutes in any twenty-four-hour
period.
A veteran or a veteran's spouse holding a license issued
pursuant to Article 4 of the New York State General Business Law.
[Added 11-13-2019 by L.L. No.
6-2019]
It shall be unlawful for any person, except
as exempted herein, to engage in activity as a peddler or solicitor
within the Town of Wappinger, without first obtaining a license from
the Town Clerk, as herein provided.
A.
No part of this chapter shall be enforced so as to
conflict with Article 4 of the New York State General Business Law.
B.
The requirements of this Chapter shall not apply to
the following, provided that official uniforms, clothing, insignia
or other identifications are displayed:
(1)
Representatives of any not-for-profit religious, charitable,
educational, civic or political organization.
(2)
Any non-for-profit membership, organization, or corporation
such as the Boy Scouts of America, Girl Scouts of America, Little
League, Soccer League, Football League, local volunteer firemen or
similar such organizations.
(3)
Candidates for elective office or their representatives.
A.
An application for a license or for a renewal thereof
shall be made to the Town Clerk, in writing, and shall contain the
following information:
(1)
Name, age, telephone number, permanent address and
current address, if different, of the applicant.
(2)
A description of the nature of the business or activity
to be conducted and the food, beverages, goods, merchandise or services
to be peddled or solicited.
(3)
If an employee or agent of another, the name and address
of the applicant's employer or principal, together with proof of employment
or agency. If such employer or principal is a corporation, the state
of incorporation, together with a statement that the corporation is
in good standing with the state of incorporation.
(4)
The names of all municipalities in which the applicant
has carried on the business of peddler or solicitor in the preceding
six months.
(5)
If a vehicle is to be used, a description of such
vehicle, its license plate number, state of registration and operator
license number.
(6)
A photocopy of the applicant taken within 60 days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure approximately two inches by two inches.
(7)
If the application is for a license to sell or handle
food in any form, a valid permit issued by the Dutchess County Health
Department establishing compliance with the provisions of the Dutchess
County Public Health Regulations.
(8)
If the applicant requires the use of weighing and/or
measuring devices, a certificate, not more than six months old, from
the Dutchess County Sealer of Weights and Measures certifying that
all weighing and measuring devices to be used by the applicant have
been examined and approved.
(9)
A copy of any license or permit required by any other
governmental agency in connection with the applicant's business.
(10)
Proof of general liability insurance coverage of $1,000,000
with an insurance company licensed to conduct business in the State
of New York with the Town of Wappinger listed as an additional insured.
[Added 11-13-2019 by L.L. No.
6-2019]
B.
The application shall be accompanied by an application/renewal fee, as set forth in Chapter 122, Article IV, § 122-16I(1) of the Code, which shall be nonrefundable.
[Amended 3-8-2004 by L.L. No. 4-2004]
C.
Any change in circumstances with regard to the information
provided in the application or on the license shall be reported to
the Town Clerk within 30 days of such change.
A.
An application to solicit or peddle accompanied by
all required information shall be submitted to the Wappinger Town
Clerk.
B.
The Town Clerk shall review the application within
45 days of its receipt for compliance with this Chapter and respond
to the Town Board with written comments if he/she deems necessary.
C.
If approved, the Town Clerk shall, after payment of
the appropriate fee and all requirements are satisfied, issue a license.
D.
Denial of a license shall be subject to review by
the Town Board, upon written application within 30 days of the date
of the denial. If the Town Board, after such review, grants the application,
such application shall be returned to the Town Clerk or authorized
deputy.
[Amended 3-8-2004 by L.L. No. 4-2004]
A.
An applicant for a license issued pursuant to this chapter shall pay an annual license fee as set forth in Chapter 122, Article IV, § 122-16I(1) of the Code, to be collected by the Town Clerk.
B.
A license for a one weekend only permit shall be issued only after the applicant has paid a fee in the amount set forth in Chapter 122, Article IV, § 122-16I(2) of the Code.
A.
Every licensee, while engaged in the activity for
which a license was issued pursuant to this chapter, shall carry on
his or her person such license and shall exhibit such license to any
person upon request.
B.
If a license issued pursuant to this chapter is lost or stolen, such loss shall be reported to the Town Clerk within 10 days of discovery of such loss or theft. Upon such notification, the Town Clerk shall issue a replacement license for a fee as set forth in Chapter 122, Article IV, § 122-16I(3) of the Code, to be collected by the Town Clerk.
[Amended 3-8-2004 by L.L. No. 4-2004]
No license issued pursuant to this chapter shall
be used or displayed at any time by any person other than the person
whose name and picture appear on such license.
A.
Restricted and prohibited locations:
(1)
Pursuant to §§ 1157(c), 1202 and 1800 of the New York
State Vehicle and Traffic Law, no licensee shall occupy any part of
a county or state highway in any manner for the purpose of peddling
or soliciting, except for a veteran licensee.
[Amended 11-13-2019 by L.L. No.
6-2019]
(2)
No licensee shall, while engaged in the activity for
which a license was issued pursuant to this Chapter, stand or remain:
(a)
Within 100 feet of any public street intersection.
(b)
On any public sidewalk.
(c)
Within 250 feet of any commercial establishment
which sells like goods, public building, government building, premises
occupied as a public or private school or college or used for such
purposes, or premises primarily used for religious purposes.
(3)
No stationary peddler shall engage in the activity for which a license was issued pursuant to this Chapter in a residential district as defined in Chapter 240, Zoning.
(4)
No licensee shall have any exclusive right to any
location in the public streets nor shall a licensee be permitted to
operate in a congested area where such operation impedes access to
the entrance of an adjacent building or driveway, on the paved portion
of any public highway, obstruct traffic flow, or otherwise create
circumstances which would endanger the public health, safety and welfare
of the traveling public. For the purpose of this Chapter, the judgment
of any police officer or of the Building Inspector or Zoning Administrator
of the Town of Wappinger exercised in good faith shall be deemed conclusive
as to whether the area is congested or the public impeded or inconvenienced.
B.
All licenses will be automatically suspended on any occasion sponsored by the Town of Wappinger and/or County of Dutchess (example: Community Day, Balloon Fest, etc.). Violations will be as stated in § 175-14 of this chapter.
C.
Use of signs and displays.
(1)
It shall be lawful for a licensee to use signs which
are painted on or affixed to licensee's vehicle, provided that such
signs do not exceed the dimensions of the vehicle on which they are
placed and such vehicle can be driven safely with the sign as affixed.
Such permitted signs shall be exempt from the provisions of the Town
of Wappinger Zoning Law. The use of other movable, portable and/or
freestanding signs by licensees shall be prohibited.
(2)
No licensee shall display food, beverages, goods or
merchandise except upon the licensee's person or in the vehicle used
in the activity for which a license was issued pursuant to this chapter.
D.
Other restrictions. A licensee shall be responsible
for the cleanup of any debris resulting from the conduct of the licensee's
business.
[Amended 8-18-2003 by L.L. No. 10-2003]
The Town of Wappinger Zoning Administrator,
the Deputy Zoning Administrator, the Building Inspector, the Deputy
Building Inspector, the Fire Inspector and the Deputy Fire Inspector,
any police officer or peace officer, as defined in the New York State
Criminal Procedure Law, shall enforce the provisions of this chapter.
[Amended 3-22-2004 by L.L. No. 5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall, for a first or second offense, be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20V of the Code, For a third offense or more, the violator shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20V of the Code or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense.
A.
Any license issued pursuant to this chapter may be
revoked by the Town Board, due to violation of this chapter, after
written notice and an opportunity to be heard.
B.
The Town Clerk, upon receiving information giving
reasonable cause to believe that a licensee has violated any provision
of this chapter, may temporarily suspend such license, after written
notice and an opportunity to be heard.
A license issued pursuant to this chapter shall
expire on the day next preceding one year after the date of issuance.
A.
An application to renew a license shall be determined in accordance with § 175-8 of this chapter. In addition, the Town Clerk shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this chapter.
B.
License renewal applications shall be made in person
to the Town Clerk, who shall issue the same in accordance with the
terms of this chapter.
