[HISTORY: Adopted by the Town Board of the Town of Salina: Art. I, 11-27-1978 by L.L. No. 5-1978, amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I); Art. II, 11-9-1981 by L.L. No. 2-1981, amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
This article shall be known as the "Peddlers and Solicitors Law of the Town of Salina."
The purpose of this article is to provide for the licensing and otherwise regulating of peddlers and solicitors.
As used in this article, the following terms shall have the meanings indicated:
- CORPORATE LIMITS OF THE TOWN
- That portion of the Town of Salina lying outside the corporate limits of the Village of Liverpool.
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours on a daily basis.
- HAWKER and PEDDLER
- Any person, either as a principal, agent, employee or representative, who, from any public street or public place or upon property not under the ownership or control of such person or his principal or employer, 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 or offers for sale or barters or carries or exposes for sale or barter any foods, 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.
- Any person, either as a principal, agent, employee or representative, who goes from place to place or house to house or by telephone 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 of any article or thing whatsoever for future delivery. The term "solicitor" shall, however, also mean and include any person as above, 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 of 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.
- TOWN BOARD
- The Town Board of the Town of Salina.
- TOWN CLERK
- The Town Clerk of the Town of Salina.
- TOWN COUNSEL
- Any person serving at the time as the attorney for the Town of Salina.
It shall be unlawful for any person to act in the Town of Salina as a hawker, peddler or solicitor as herein defined or assist such a person so acting without first having obtained and paid for and having in force and effect a license or a certificate of compliance for exempted activities hereunder as provided hereafter.
Generally. Nothing in this article shall be held to apply to any sales:
Conducted pursuant to statute or by order of any court.
By any person selling personal property at wholesale to dealers in such articles.
To persons under the age of 18 years.
Of meats, fish, fruit and farm produce by farmers and persons who produce such commodities as such are exempted under Town Law § 136, Subdivision 1.
By 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.
Exempt organizations. Nonprofit organizations and persons working for such organizations shall be exempt. However, such organization shall obtain a certificate of compliance annually by registering with the Town Clerk in the event that it plans 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 the responsibility of such organization to furnish identification for its representatives which must be exhibited upon demand. This article shall not apply so as to unlawfully interfere with interstate commerce.
Certificate of compliance. When the right to an exemption, as above provided, shall have been established by an applicant to the satisfaction of the Town Clerk, the Town Clerk shall issue, without charge, a certificate of compliance stating, among other things, that such person has complied with the requirements of this section and has satisfactorily established the right to peddle or solicit as provided herein. Such certificate shall be carried with each person acting pursuant to such certificate, and it shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact entitled to an exemption hereunder shall constitute a violation of the article.
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 as shall be required by the Town Clerk. Such application shall provide all information deemed necessary by the Town Clerk and such other information as may be required by resolution of the Town Board.
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a cash deposit or security company bond or other bond secured by sufficient collateral and approved by the Town Counsel as to form and in such amounts as are determined by time to time hereafter by resolution of the Town Board as security for the licensee's making of 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 direct 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 90 days after the expiration of any such license, unless sooner released by the Town Board.
Issuance or denial. 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 herein. 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 the Town Clerk's judgment, shall be an undesirable person or incapable of properly or lawfully conducting the trade or business for which a license is sought. No license shall be issued by the Town Clerk until the Town Clerk has had a reasonable opportunity to determine the applicant's fitness and in no event prior to the passage of five business days following the day on which the application is received.
No applicant who has been refused a license hereunder or has as hereinafter provided had a license revoked shall make any further application for a license for a period of six months after denial or revocation, and in no event shall reapplication be made at any time without submission of proof that the reason for prior refusal or revocation no longer exists.
Appeal to Town Board. Any applicant who is refused a license by the Town Clerk may apply to the Town Board for such license, and the same may be granted or refused by the Town Board, except as prohibited by Town Law § 137.
A license shall not be assignable. 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 violation of this article.
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 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 town's designated number of 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 in no event shall such term exceed one year from the date of issuance.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The license fee for each person licensed hereunder shall be as established hereafter by resolution of the Town Board.
A license issued pursuant to this article may be revoked by the Town Board after a public hearing as provided in Article 9 of the Town Law.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or so soliciting before the hours of 9:00 a.m. of any day or after 8:00 p.m. of any day, except upon the invitation of the owner or occupant thereof.
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell of or knock upon or enter any building whereon there is 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, as defined hereunder, on the premises.
No peddler or solicitor shall peddle, vend or sell his goods or wares within 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.
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.
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.
It shall be unlawful, except as otherwise permitted herein, to create, maintain or park any vehicle, booth or stand or place any barrels, boxes, crates or other obstructions or contrivances upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise. Nothing contained herein shall in anyway be construed to allow or permit a stationary location in or on a public highway for the activities permitted herein.
Any contract or sale made in violation of the provisions herein shall be null and void and of no effect as to the person solicited. In such event, any 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 any principal or employer thereof.
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 and made in duplicate, stating the terms thereof and the amount paid in advance with one copy 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 article, 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 article is an offense punishable as provided in Chapter 1, Article II, General Penalties. A violation which continues for more than seven days shall constitute a separate and additional violation for each additional week or part thereof during which the violation continues.
This article is enacted for the purpose of regulating the conduct and business practices of transient merchants within the Town of Salina.
As used in this article, the following terms shall have the meanings indicated:
- An individual, firm, partnership, corporation or other association or legal entity, and any principal agent or employee thereof.
- TRANSIENT MERCHANT
- A person who engages or proposes to engage in transient retail business.
- TRANSIENT RETAIL BUSINESS
- A business conducted in a store, hotel, motel, building, tent, lot, truck, tractor-trailer or structure for the retail or discount sale of goods, wares and merchandise, except food products, which is intended to be conducted for a temporary period of time and not permanently. It shall be presumed for the purpose of this article that a business which is conducted or to be conducted in premises leased, rented or otherwise permitted for use or occupancy for a period of six months or less is a transient retail business hereunder.
The purpose of this article is to assist the Town of Salina in the management of its business, the preservation of good order and the peace, health, safety and welfare of its inhabitants and the protection and security of their property.
No person shall engage in business as a transient merchant unless he shall first have obtained a license to conduct such business from the Town Clerk no later than five business days before the first date of the business. The fee for a transient merchant's license shall be for such period and in such amount as set forth by resolution of the Town Board.
An applicant for a transient merchant's license shall provide the following in addition to any other requirements set forth on the application provided by the Town Clerk:
The address and the telephone number of the applicant's residence and place of business, where applicable.
The identity of the firm(s) or entity (-ies) represented by the applicant or by whom the applicant is employed, together with documents establishing the firm's or entity's address, state or county of principal place of business, the form of organization, the identity of ownership and authority of said firm to do business in this state and the specific legal relationship between the firm and the transient merchant(s). All applicants other than natural persons shall disclose in any application the identities and the addresses of shareholders, officers, directors, members, partners or such similar persons as required by the town.
A brief description of the nature of the business and the kind or type of goods or commodities which are intended for sale.
The hotel, room or other specific place or location where the applicant proposes to sell such merchandise and the time and date during which said business is to be conducted.
Written permission from the owner of the property in which the business is to be conducted.
Before such license is issued by the Town Clerk, the applicant shall post a surety bond, in an amount as set forth by resolution of the Town Board and issued by a surety bond company licensed to do business in this state, in a form acceptable to the town. The conditions of such bond shall be that said transient merchant will pay all state and local sales and other taxes applicable to his transactions or sales entered into this town; that said merchant will well and truly perform any and all contracts or sales orders made within the town; that all contracts and sales orders will be in writing, will specify in detail all terms thereof, including but not limited to any warranty or guaranty therein; and a complete copy thereof shall be given to the purchaser at the time of sale; and that, if said merchant takes orders for merchandise to be delivered at a future date and accepts payment in part or in full, he will deliver said merchandise in a satisfactory condition within a period of three months from the date of said contract. There shall be no forfeiture in respect to a violation of the three month's delivery requirement where there is proof that nondelivery was due to strikes or other extraordinary events beyond the control of said merchant; except that in such event, if the merchant shall fail to return the deposit to the purchaser after demand therefor, a forfeiture shall occur under the provisions of the bond, and the surety shall thereunder indemnify the purchaser for such default by the merchant.
Licenses hereunder shall state the place where the business is to be conducted and the date of expiration of the term of such business pursuant to the license.
Before the issuance of any license hereunder, a natural person applying therefor who is not a resident of the town shall provide to the Town Clerk a certified copy of a recorded designation by said person pursuant to § 318 of the Civil Practice Law and Rules of an agent for service. Corporations or other legal entities shall provide a certified copy of the legal authorization of the State of New York permitting such corporation or entity to conduct business in the State of New York.
The licensing provision of this article shall not apply to the following:
Sales conducted pursuant to statute.
Sales conducted pursuant to the order of any court.
Sales of personal property at wholesale to dealers in such articles.
The peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities or to dealers in milk, baked goods, heating oil and daily newspapers.
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 and/or religious organization.
Any person(s) selling personal property at a garage sale held at the residence of such person.
Any person(s) selling Christmas trees.
Notwithstanding any exemption herein granted as above, all persons exempted herein shall, however, file an application with the Town Clerk claiming such exemption on a form provided by the Town Clerk before the commencement of any business or transaction exempted hereunder.
This article shall not be construed so as to unlawfully burden or interfere with interstate commerce.
All uses permitted by any licenses granted hereunder shall comply with the requirements of Chapter 235, Zoning, of the Town of Salina. The town may revoke any license which violates such chapter or this article.
The owner, proprietor or manager of any hotel, motel, rooming house or other place of public accommodation shall report to the Onondaga County Sheriff and the Salina Town Clerk the name and the address of any person who has been given the right to occupy or use a room or other space by lease, license or otherwise for the sale and display of merchandise as a transient merchant hereunder, together with the location of the room, space or area to be so used or occupied.
A violation of the provisions of this article shall be an offense punishable as provided in Chapter 1, Article II, General Penalty. Violations hereof which shall continue for more than seven days shall be a separate and additional violation for each week thereafter or portion thereof during which such violations continues.