As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, not-for-profit
group, association or organization, e.g., Fire Departments, first
aid squads, religious organizations, schools, etc.
ENFORCEMENT OFFICIAL
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.
ESTABLISHED PLACE OF BUSINESS
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.
MERCHANDISING
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.
PEDDLER, SOLICITOR
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.
PERMANENT MERCHANT
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.)
TEMPORARY MERCHANT
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.
TEMPORARY MERCHANT CERTIFICATE
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.
TOWN LICENSE
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.
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.
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.
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.