As used in this chapter, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where the person
transacts business and deals in the goods, wares and merchandise he/she
hawks, peddles or solicits for during regular business hours on a
daily basis.
HAWKER and PEDDLER
Include, except as hereinafter expressly provided, any person,
either principal or agent, who, from any public street or public place
or 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, offers for sale
or barters or carries or exposes for sale or barter any 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.
SOLICITOR
Includes any person 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 any article or thing whatsoever
for future delivery. The term "solicitor" shall, however, also mean
and include any person 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
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person within the limits of the Town to act as a hawker, peddler or solicitor, as herein defined, or assist the same without first having obtained, paid for and having in force and effect a license, except as listed in §
121-2, Exemptions from requirements.
[Amended 9-1-1994 by L.L. No. 1-1994]
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 of $5,000
or a surety company bond of $5,000 or other bond secured by sufficient
collateral, said bond to be approved by the attorney for the Town
as to form and surety conditioned for making a 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 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.
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.
Whenever a license shall be lost or destroyed
on the part of the holder or his or her 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 or her 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 be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in that 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 his or her license,
the date of issuance and expiration of the license, fee paid and the
name and address of the licensee.
Such license shall be for such term as requested
by the applicant but shall expire not later than the first day of
January next succeeding.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
[Amended 9-1-1994 by L.L. No. 1-1994; 11-5-2015 by L.L. No. 5-2015]
A. The license fee for each person licensed as a hawker,
peddler or solicitor is set forth at the Town of Walworth Fee Schedule
on file with the Walworth Town Clerk, which fee shall be determined
by Town Board resolution.
B. The license fee for each person licensed to assist
a hawker, peddler or solicitor is that fee set forth at the Town of
Walworth Fee Schedule on file with the Walworth Town Clerk, which
fee shall be determined by Town Board resolution. For the purpose
of this chapter, a person who assists a hawker, peddler or solicitor
shall be deemed to be any person who participates in delivering merchandise
or any other items sold, performs and services in or about the customer’s
premises or otherwise generally renders aid or assistance, except
participating in selling or soliciting orders.
A license issued pursuant to this chapter may
be revoked after a public hearing as provided in Article 9 of the
Town Law.
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, made in duplicate, stating the
terms thereof and the amount paid in advance, and one copy shall be
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 chapter, giving the number and date of each license,
the fee paid and the date of revocation of all licenses revoked.
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No.
5-1999]
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine not exceeding $250 or imprisonment of not more than 15 days,
or both.