[HISTORY: Adopted by the Town Board of the Town of Thompson 6-2-1987 by L.L. No. 2-1987 (Ch. 178 of the 2003 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Soliciting in parks — See Ch. 173.
As used in this chapter, the following words shall have the meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on any street or public place within the Town any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvement or alterations and anything that may be sold or distributed by peddlers, solicitors or distributors as used herein.
PEDDLER
Any person, whether a resident of the Town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."[1]
SOLICITOR
Any person, whether a resident of the Town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser" or any person who goes from door to door as described above for the purpose of soliciting and/or collecting funds from a stationary location on any street or other public place.
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
[1]
Editor's Note: The definition of "person," of the 1981 Code, which immediately followed this definition, was repealed 10-21-2003 by L.L. No. 7-2003. See now Ch. 1, Art. III, Terminology.
[Amended 6-1-2004 by L.L. No. 3-2004]
No person, other than an honorably discharged member of the Armed Forces of the United States who is a resident of this state and a veteran of any war, or who shall have served in the Armed Forces of the United States overseas, and the surviving spouse of any such veteran, if a resident of the state, and who holds a license pursuant to § 32 of the General Business Law of the State of New York, shall pursue or carry on within the Town of Thompson the trade, business or occupation of peddling or soliciting. Specifically included are the activities described in § 177-1 under the definitions of "distributor," "merchandise," "peddler," "solicitor" and "transient merchant."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The requirements of this chapter shall not apply to any recognized local, nonprofit, religious, charitable, educational, civic or political organization of recognized standing, and a list thereof shall be made by the Town Board and filed with the Town Clerk. The list shall be called the "exempt list." All organizations listed thereon shall be exempt from the provisions of this chapter, and neither they nor their employees, agents, solicitors or representatives need register, but any person, organization, corporation or institution not on the exempt list shall register as herein provided. Any applicant may apply to the Town Board to be placed on the exempt list. Any such organization shall require its representatives so soliciting to wear an official uniform, clothing or other suitable identification approved by the Town Board. Also exempt is any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions.
Any person specifically invited to peddle, solicit or hawk on the property of another shall be permitted to do so, provided that such person obtain a license as hereinabove provided. Such invitation to hawk, peddle or solicit must be extended by the property owner to the person so hawking, peddling or soliciting at least 24 hours prior to the time that such person shall attempt to hawk, peddle or solicit.
Any person qualified under § 177-2 to pursue or carry on within the Town the trade, business or occupation of hawking and/or peddling shall file with the Town Clerk a sworn written application on a form to be furnished by said Clerk which shall give or be accompanied by the following information or documents:
A. 
The name and description of the applicant.
B. 
The permanent home address and full local address of the applicant.
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
The length of time for which the certificate is desired.
F. 
If a vehicle is to be used, a description of such vehicle and its license number.
G. 
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such merchandise is located at the time such application is filed and the proposed method of delivery.
H. 
Two business references located in the County of Sullivan, State of New York, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
I. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance and the nature of the offense and the punishment or penalty assessed therefor.
J. 
The applicant's New York State sales tax number.
Each license issued hereunder shall be approved by the Town Board. Notwithstanding its date of issuance, each such license shall expire on December 31 of the year in which it is issued unless revoked by the Town Board prior to said date.
No license issued under this chapter shall include more than one person, nor shall the same be used for the benefit of someone other than the licensee.
Each license issued hereunder shall be subject to such limitations as may be imposed by the Town Board of the Town of Thompson, both in respect to the areas where peddling, hawking and soliciting may be conducted and the materials which may be peddled, all in accordance with the applicable laws of the State of New York.
For the purpose of effectively administering this chapter, the Town Clerk shall be paid a fee upon the issuance of each license. The fee for such license shall be as established from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Original § 83-9, Penalties for offenses, of the 1981 Code, which immediately followed this section, was repealed 10-21-2003 by L.L. No. 7-2003. See now Ch. 1, Art. II, General Penalty.