[HISTORY: Adopted by the Town Board of the
Town of Wilton 8-4-2011 by L.L. No. 3-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise and nuisances — See Ch. 79.
[1]
Editor's Note: This local law supersedes former
Ch. 85, Peddling and Soliciting, adopted 4-6-1995 by L.L. No. 2-1995.
As used in this chapter, the following terms shall have the
meanings indicated:
Any benevolent, philanthropic, patriotic, not-for-profit
group, association or organization, e.g., Fire Departments, first
aid squads, religious organizations, schools, etc.
Includes the Town Health Officer, the Town Building Inspector/Code
Enforcer, the Town Planning Board, the Town Clerk, any member of the
Saratoga County Sheriff's Department, any member of the New York State
Police, any member of the Wilton Town Board and any other agent or
representative appointed by the Town to act in this capacity.
A building or store in which a person transacts business
and deals in the goods, wares and merchandise he offers for sale during
regular business hours.
To buy, sell or trade all goods, wares, food, fruit, vegetables,
farm products, magazines, periodicals and all kinds of articles of
personal property for domestic use, including the distribution of
samples, orders or contracts for a service or product, home improvements
or alterations and gathering of information to be used in the preparation
of any poll or survey.
Any person, whether a resident of Wilton or not, acting as
principal or agent, consignee or employee or as an agent or representative
of a firm, partnership, corporation, organization, association, society
or club who goes from house to house or from place to place, without
appointment, and who travels on the streets and roads in the Town
engaged in the practice of merchandising or any nature whatsoever.
This definition is also intended to include the definition for hawker,
huckster and vendor.
Any person, firm or corporation with an established place
of business in the Town of Wilton which is open during regular business
hours for a period of at least 10 consecutive months in each year.
(Note: Any permanent merchant, as defined in this chapter, or his
agent, consignee or employee who sells goods or services away from
his established place of business by going from house to house or
from place to place, without appointment, and who travels on the streets
and roads in the Town shall be considered a peddler/solicitor, as
defined in this section, and shall be subject to the same rules and
regulations.)
A merchant or vendor who chooses a specific location within
the Town upon which to erect or park a cart, tent, wagon, truck or
stand or other structure from which to engage in merchandising, with
the intent to return to the same location each day. This category
shall include temporary, off-premises roadside stands established
for the purpose of selling vegetables, fruit or other farm products,
food wagons, Christmas trees and any other nonperishable goods. A
temporary merchant must not have a vested interest in the location
and must have the written permission from the owner(s) of the location
to conduct the sale of the intended products.
That which allows an individual or his agent or employee
to operate the temporary business identified on the temporary merchant
certificate in the geographic area indicated for the time period specified.
That which allows an individual or his agents or employees
to operate the business specified on the Town license in the geographic
areas indicated for the time periods specified.
A.
Nothing in this chapter shall be held to apply to:
(1)
Any person holding a sale required by statute or by order of any
court or any person conducting a bona fide auction sale pursuant to
law.
(2)
Any person selling personal property at wholesale to dealers in such
articles.
(3)
Any honorably discharged United States veteran who has procured a
license as provided under § 32 of the General Business Law
of the State of New York except that, as provided in § 8
of the General Business Law, such veteran shall be required to complete
an abbreviated license application. A Town license will be issued
and no fee will be charged.
(4)
Individual residents of the Town of Wilton conducting garage sales
on their own property.
(5)
Any person engaged in the delivery of goods, merchandise or services
to the premises of persons who had previously ordered the same or
were entitled to receive the same by reason of a prior agreement,
e.g., periodic route deliveries of newspapers, fuel, frozen foods,
etc.
(6)
Farmers and truck gardeners who themselves, or through their employees
or agents, sell and/or produce Christmas trees on their own property
that they have grown on their own property.
(7)
Berry pickers who sell on their own property the berries they have
picked on their own property.
(8)
Any permanent merchant selling the same goods in front of his established
place of business, provided that said permanent merchant complies
with all other applicable federal, state and local statutes, e.g.,
sidewalk sales. This exemption is intended to include the sidewalk
sales conducted inside and outside local shopping malls in the Town.
B.
This chapter shall also not apply so as to unlawfully interfere with
interstate commerce.
It shall be unlawful for any peddler or solicitor or temporary merchant, as defined in § 85-1 of this chapter, to engage in such activity within the Town of Wilton without first obtaining either a Town license from the Town Clerk or a temporary merchant certificate from the Town of Wilton Director of Planning and Engineering or the Town of Wilton Planning Board. (See Chapter 129, Zoning, § 129-169.)
At least 45 days prior to the date of the period for which an
applicant seeks a license hereunder, such applicant shall file with
the Town Clerk a sworn, written application, in duplicate, on a form
to be furnished by said Town Clerk, which shall give the following
information:
A.
The name and description of the applicant, including date of birth,
driver's license number and social security number.
B.
The permanent home address and full local address, if any, of the
applicant.
C.
The name and address of the employer or firm being represented, together
with credentials establishing the exact relationship.
D.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
E.
The length of time for which the license is desired.
F.
The geographic area to be solicited.
G.
If a vehicle is to be used, a description of such vehicle and its
license number.
H.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where the property or goods are located
at the time of the application and the proposed method of delivery.
I.
A photograph of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure approximately
two inches by two inches.
J.
Two business references located in the County of Saratoga or State
of New York or Town of Wilton 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.
K.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor, felony or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
L.
For the purposes of this chapter, it is intended that the above information
will be provided for each person who will be engaged in the same activity
under the same Town license.
M.
If the business involves weighing the product, the application shall
be accompanied by a certificate from the New York State Sealer of
Weights and Measures certifying that all weighing and measuring devices
to be used by the applicant have been examined and approved.
N.
Any other applicable federal, state or local license or approval,
including a food handler's license from the New York State Health
Department if food items are to be sold.
O.
Such other information as may be required by the Town Clerk.
P.
A recent New York State Department of Motor Vehicles driver's
abstract for any person operating a motor vehicle on behalf of the
applicant.
A.
Before any Town license is issued under this chapter, the application
and relevant information shall be referred to either a public or private
agency for the making of an investigation of the applicant and his
agents or employees as is deemed necessary for the protection of the
public good. A report of such investigation shall be made to the Town
Clerk.
B.
The Town Clerk also reserves the right to seek a recommendation from
the Town Attorney and/or the Wilton Town Board before any license
is issued. In the event that a Town Board recommendation is sought,
the applicant shall be required to appear before that body at a time
and place convenient to the members.
C.
No license shall be refused except for a specific reason and for
the protection of the public safety, health, morals or general welfare.
A license may be refused if the applicant's character or business
responsibility is found to be unsatisfactory.
D.
If one or more of the applicant's agent's or employee's
character or business responsibility is found to be unsatisfactory,
the applicant may delete such person or persons from his application
and submit an amended application. Any added agents or employees will
be subject to the same investigative referral to the Saratoga County
Sheriff's Department.
The license fee shall be as follows: $25 together with the fee
charged by any agency or agencies to perform an investigation of the
applicant.
A.
A licensed peddler or solicitor shall:
(1)
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 food products, provisions or merchandise of whatever
nature.
(2)
Keep the vehicle 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.
(3)
Not blow a horn, ring a bell or use any other noisy device or shout
or cry out to attract public attention.
(4)
Not stand or permit the vehicle used by him to stand in one place
in any public place, street or roadway for more than 10 minutes, unless
with the express permission of both the Saratoga County Sheriffs Department
and the Town of Wilton Highway Superintendent or some other Town official,
or in front of any personal property for any time if the owner of
or lessee thereof objects.
(5)
Not permit any vehicle used by him to stop or remain on any crosswalk
or in any Town right-of-way.
(6)
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or in any public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
B.
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 each be guilty of a
violation of this chapter.
C.
Such license shall automatically expire on the last day of the calendar
year, but such license may specifically state and provide for an earlier
expiration date. No license shall be valid for more than one year.
D.
No license shall be granted to a person under 18 years of age.
E.
No applicant to whom a license has been refused or who has had a
license revoked shall make further application until a period of at
least six months shall have elapsed since the last previous rejection
or revocation, unless he can show that the reason for such rejection
no longer exists.
F.
Every licensee or his agents or employees while exercising his license
shall carry the license with him and shall exhibit the same upon demand.
G.
Whenever a license shall be lost or destroyed by the holder or his
agent or employee, a duplicate license may be issued under the original
application and bond, if applicable, by the Town Clerk upon the filing
with her of an affidavit setting forth the circumstances of the loss
and what, if any, search has been made for its recovery. Such duplicate
license shall be marked "DUPLICATE LICENSE TO REPLACE LOST ORIGINAL."
H.
No peddler or solicitor shall begin operation before the hour of
9:00 a.m., or continue operation after the hour of 7:00 p.m., nor
shall such peddler or solicitor operate at any time that will cause
public annoyance or disturbance of residents within their homes. These
times are interpreted as Eastern standard time (E.S.T.) and/or daylight
saving time (D.S.T.).
I.
No peddler or solicitor shall peddle or solicit on any school property
or playground at any time.
A.
Any application for a license as a peddler or solicitor who demands,
accepts or receives payment or deposit of money in advance of final
delivery will be required by the Town Clerk to be accompanied by a
bond to the Town of Wilton approved as to form and surety by the Town
Attorney in the penal sum not to exceed $2,000 with a sufficient surety
or sureties, or sufficient collateral security, conditioned for making
a final delivery of 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 shall be refunded.
B.
Any person aggrieved by the action of any licensed solicitor shall
have 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 of Wilton
for a period of 90 days after the expiration of any such license,
unless sooner released by the Town Clerk.
C.
In addition to the bond requirement, any peddler or solicitor who
demands, accepts or receives payment or deposit of money in advance
of final delivery will be required to provide a written order, in
duplicate, stating the terms of the order and the amount paid in advance,
and one copy shall be given to the purchaser at the time the deposit
is paid to the peddler or solicitor. Such order or agreement shall,
when applicable, comply with the New York State and federal truth-in-lending
statutes.
A.
Upon receipt of a complaint by any Town official or by any local
police agency, the licensee shall be issued a warning. If such offensive
action continues after the warning is issued, the license shall be
immediately revoked by the Town Clerk.
B.
When a license shall be revoked, no refund of any unearned portion
of the license fee shall be made. Written notice of such revocation
and the reason(s) therefor shall be served by the Town Clerk upon
the person named in the application or by mailing the same, certified
mail, return receipt requested, to the applicant at the address given
in the application.
C.
Any person or his agent or employee who shall act as a peddler or
solicitor, as defined herein, without a license or who shall violate
any of the provisions of this chapter or who shall continue to peddle
or solicit after his license has been revoked shall, upon conviction,
be punished by a fine of not less than $25 nor more than $250 or a
term of imprisonment for up to 15 days, or both, and each day on which
such violation continues shall constitute a separate offense.
Any person aggrieved by the action of the Town Clerk in the
denial of an application for a license or in reference to the revocation
of a license shall have the right of appeal to the Wilton Town Board.
Such appeal shall be filed with the Town Clerk within 14 days after
the applicant receives the notice of action complained of. Such appeal
shall be in writing and shall fully state the grounds for the appeal.
The Wilton Town Board shall set a time and place for a hearing on
the appeal and the applicant shall be so notified. The decision and
order of the Wilton Town Board on such appeal shall be final and conclusive.
It shall be the duty of the Town Clerk to keep a record of all
applications and licenses granted with supporting documentation and
information including the license number assigned, the license fee
collected and the period for which the license is issued. All licenses
shall be issued from a properly bound book with permanent reference
stubs. All licenses shall be numbered in the order in which they are
issued.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State.
