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."
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.
[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 signed
by the Town Clerk and countersigned by the licensee. The Town Clerk
shall keep a record of each license issued.
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.