This chapter shall be known and may be cited as the "Peddling, Vending
and Soliciting Law of the Town of Wheatfield."
The merchandising and/or soliciting of goods, money or services within
the Town of Wheatfield and/or along the public highways in said Town has subjected
or may subject its inhabitants to unscrupulous practices, annoyance and danger.
The purpose of this chapter is to provide for the licensing and regulation
of persons engaged in such activities in order that the peace, health, safety,
welfare and good order of the Town and its inhabitants shall not be endangered
or unduly disturbed.
As used in this chapter, the following terms shall have the meanings
indicated:
COMMERCIAL TRAVELER
A person doing business through the act of renting a room or suite
of rooms in a hotel, motel or inn, commercial building or private dwelling
or open space, including a parking lot, for temporary occupancy for the purpose
of using said premises to sell, offer for sale or solicit orders for goods,
services, merchandise or money to or from members of the public.
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person
transacts business and deals in goods, wares, commodities or services, from
where a person peddles, vends or solicits in the ordinary and regular course
of business.
ITINERANT VENDOR
A person who engages in the act or occupation of selling or offering
for sale from a fixed location or locations at times and from time to time
goods, wares or merchandise, shrimp, lobster, lobster tails, clams, mussels,
oysters, fish, meat and produce from any portable cart, stand, vehicle or
display device of any nature.
MERCHANDISING
The selling, bartering or trading of or offering to sell, barter
or trade any goods, wares, commodities or services or the taking of orders
therefor.
PEDDLER, HUCKSTER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who engages
in merchandising any goods, wares, commodities, books, periodicals or services
or solicits contributions of goods or moneys by going from house to house,
place of business to place of business or in any public street or public place
or by temporarily occupying a room, building or other premises therefor.
PERSON
Any individual, firm, partnership, corporation, unincorporated association
and principal or agent thereof.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure, parking lot or structure
of any kind intended to be used or occupied for the period of time necessary
to peddle, vend or solicit the merchandise sold therein. In all prosecutions
for the violation of this chapter, the intent of the defendant to conduct
an established place of business shall be a material fact, and the burden
of proving such intent shall be upon the defendant in such prosecution.
It shall be unlawful for any person within the jurisdiction of the Town
of Wheatfield to act as a peddler, huckster, vendor, solicitor, commercial
traveler or itinerant vendor as herein defined without first having obtained
and paid for and having in force and effect a license as hereinafter provided.
Upon receipt of the application and the license fee and if reasonably
satisfied with the applicant's qualifications, the Town Clerk
shall issue a license to the applicant specifying the particular business
authorized. This license shall be nontransferable for a definite period of
time and shall be in the continuous possession of the licensee while engaged
in the business licensed. The license shall be produced upon the demand of
any Town official, prospective buyer, police officer or sheriff. If issuance
of a license is refused by the Town Clerk or revoked, the applicant shall
not be issued a new license for a period of one year hereafter.
The Town Clerk shall keep a record of the applications, the determinations
thereon and of all licenses issued in accordance with this chapter. The record
shall contain the name and residence of the person licensed, the location
of the business, the amount of the license fee paid, the license period and
the date of revocation of all licenses revoked.
All licenses hereunder shall expire no later than the license period
for which issued; or one year from the date of issue and shall in any event
expire on the 31st of December following the date of issuance, whichever is
the lesser period.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license as provided in §
127-5 of this chapter shall have the right to appeal to the Town Board of the Town of Wheatfield. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at the last known address at least five days prior to the date set for the hearing. The granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.
Any person who shall act as a peddler, huckster, vendor, solicitor,
commercial traveler or itinerant vendor, as herein defined, without a license
or who shall violate any of the provisions of this chapter or who shall continue
to act as peddler, vendor, huckster, solicitor, commercial traveler or itinerant
vendor subsequent to the revocation of his or her license shall be guilty
of an offense and punishable by a fine of not less than $50 nor more than
$250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.
Each day on which such violation continues shall constitute a separate offense.