[HISTORY: Adopted by the Town Board of the Town of Somers 4-22-1940; amended in its entirety 11-10-2005 by L.L. No. 14-2005. Subsequent amendments noted where applicable.]
Fees — See Ch. 95.
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which or where a person transacts business and deals in the goods, wares and merchandise or other commodities referred to in this chapter.
- HAWKER and PEDDLER
- Except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car on a railroad track or in any public street or public place or by the going from house to house or from place of business to place of business, on foot or on or from any animal, cart or vehicle, sells, vends or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except newspapers and periodicals and meats, fish, milk, fruit and farm produce by farmers and persons who produce such commodities, or who takes or offers to take orders for the sale of goods, wares or merchandise for future delivery or for the performance of future services, whether or not advance payment is collected.
- One or more persons of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any person selling personal property at wholesale to dealers in such articles or to merchants having an established place of business or their employees for soliciting orders from customers and delivering the same or to the peddling or selling of newspapers and periodicals, meats, fish, milk, fruit and farm produce by farmers and persons who produce such commodities. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
In addition, this chapter shall not apply to any person soliciting or collecting for any bona fide charitable or religious organization or any person soliciting or collecting for a bona fide noncommercial political or educational purpose.
It shall be unlawful for any person within the corporate limits of the Town of Somers to act as a hawker and peddler, as herein defined, without first having obtained and paid for and having in force and effect a license therefor issued by the Town Clerk.
Every applicant for a license is required to file with the Town Clerk a written application supplying the following information:
The particular business, trade or occupation for which the license is required.
The kind of goods, wares, merchandise or service the applicant desires to sell or provide.
The manner or means of conveyance in which the business, trade or occupation is to be conducted.
The name, address and age of the applicant and the name of the person, firm or corporation represented.
Whether the applicant has been convicted of a crime and, if so, under what name, with a listing of the convictions, including the crime, jurisdiction, date and sentence.
Such other information as may be required by the Town Clerk in administering the provisions of this chapter.
It is hereby mandated that a criminal history check will be made for each applicant as they may become privileged to knowledge of homes that are unoccupied during certain hours.
All applicants must be fingerprinted by the Somers Police, which will then submit the fingerprints to the Division of Criminal Justice Services for a criminal background investigation.
The applicant shall be charged the processing fee for a full search and return from the Division of Criminal Justice Services.
Each applicant must file with the application two unmounted, unretouched photographs of the applicant, 1 1/4 by 1 1/2 inches in size, taken within 30 days preceding the filing of the application. One photo shall be attached to the license when issued; the other shall be affixed to the application.
When the application is properly completed and signed by the applicant, the original and duplicate thereof shall be filed with the Town Clerk, and the Clerk shall refer the original to the Somers Police which shall make or cause to be made, as soon as practicable, such investigation of the applicant's business responsibility and character as deemed necessary for the protection of the public health, safety and welfare.
The application shall be accompanied by the Division of Criminal Justice Services, criminal background investigation charge.
If, as a result of such an investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Somers Police shall endorse on such application its disapproval and the reasons therefor, and shall return said application to the Town Clerk. Any determination made by the Somers Police that an application is unsatisfactory, shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime involving moral turpitude. A felony conviction record will preclude an applicant from licensure.
A prior violation of a peddling, hawking or soliciting ordinance or law.
Previous fraudulent acts or conduct.
The provision of false or misleading information on the application.
The applicant has been denied a license under this chapter in the last two years unless the applicant satisfactorily shows that the reason for the denial no longer exists.
In the absence of any such finding, the Somers Police shall endorse its approval on the application and shall return the application to the Town Clerk.
If an application is found to be unsatisfactory by the Somers Police, the Town Clerk shall notify the applicant in person or by mail that the application is disapproved and shall deny the applicant a license. Upon receipt of the fee, application and a satisfactory report of the Somers Police investigation, and upon compliance with all the requirements of this chapter, the Town Clerk shall issue a license to the applicant.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this chapter.
Whenever a license, badge or vehicle plates 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, 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. The Town Clerk shall charge such licensee the expense actually incurred in issuing such duplicate badge or vehicle plates.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the 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 the badge and license plate, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Such licenses shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 21 years of age, without first obtaining the approval of the Town Board.
No license to sell foodstuffs or beverages shall be issued except upon the written approval of the county health officer, unless such written approval shall be waived by the Town Board.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand of any person or police officer.
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 herein. After a public hearing thereon, at which the licensee shall have an opportunity to be heard, the Town Board may revoke any license issued under authority of this chapter, to any applicant whom the Town Board shall determine to be an undesirable person or incapable of properly conducting the trade or business previously licensed. The granting, refusing or revocation of such a license by the Town Board shall be subject to review by certiorari.
The annual license fees payable by hawkers and peddlers shall be, for each hawker and peddler:
Using a motor vehicle, for each vehicle: an amount set by resolution of the Town Board.
Using a horse and wagon, for each wagon: an amount set by resolution of the Town Board.
Personally carrying merchandise or using a pushcart, for each cart: an amount set by resolution of the Town Board.
Said fees shall be payable for such lesser period of time as shall ensue after the date of the issuance of the license until such license shall automatically expire on January 1 following the date of issuance of such license. Such licensee using a horse and wagon or motor vehicle may employ two persons and no more to assist in selling and delivering wares, but such persons shall so act only while accompanying a licensed peddler or hawker.
The Town Clerk shall supply badges and vehicle plates to licensed hawkers and peddlers. Such badges and plates shall not be transferred or assigned. Upon the expiration of the license, the licensee shall surrender his badge and/or vehicle plate to the Town Clerk. It shall be unlawful for any person to destroy, deface or injure such badge or plate in any manner or to change the number thereon. It shall be unlawful for any person to wear or have in his possession such badge or plate unless he is the licensed hawker or peddler in whose name the license is issued. Such licensee, while exercising his license, shall wear on the front of his outermost garment, the badge so provided, which badge shall state the number. The vehicle plates shall be displayed by every licensee operating a vehicle, one on each side of the body of the vehicle used by him in the exercise of his license. Such vehicle plates shall state the number of the license and the date of expiration. The wearing of the badge and the display of the vehicle plates are hereby made conditions of every license to which such badge or plates apply, and failure by the licensee to wear the badge or to display the vehicle plates, as aforesaid, while in the exercise of his license, shall be cause for the revocation of such license.
Every vehicle used by a licensed hawker or peddler in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
The Town Board may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund of any portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Town Clerk upon the person named in the application or by mailing the same to the address given in the application. The granting, refusing or revocation of such a license by the Town Board shall be subject to review by certiorari. The Town Clerk may suspend a license issued under this chapter for a period of time not exceeding 30 days upon consultation with the head of the Somers Police for the same grounds and upon the same notice applicable to a revocation of the license as described above.
A hawker or peddler shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Not wear the badge provided by the Town Clerk or use the vehicle plates after the expiration or revocation of the license represented by them.
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not 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 so as to create a nuisance.
Not stand or permit the vehicle used by him to stand or exercise his license in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Not 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.
Not enter upon private or public property for the purpose of hawking and peddling before 10:00 a.m. or after 7:00 p.m. except upon the express invitation of the owner or occupant of such property.
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 such license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
This chapter shall not prevent or in any manner interfere with the hawking or peddling without the use of any but a hand-driven vehicle, in any street, avenue, alley, land or part of the Town of Somers, by an honorably discharged soldier, sailor or marine who is a cripple as a result of injuries received while in the military or naval service of the United States and the holder of a license granted pursuant to § 32 of the General Business Law of the State of New York; but all other veterans desiring to hawk, peddle or vend goods within the limits of the Town of Somers shall comply with the provisions of this chapter.
The violation of any provision of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.