This chapter is enacted for the purpose of regulating itinerant merchandising
and soliciting 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:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person
transacts business and deals in the goods, wares or commodities he peddles,
vends or solicits in the ordinary and regular course of business.
MERCHANDISING
The selling, bartering or trading, or offering to sell, barter or
trade, any goods, wares, commodities or services.
PEDDLER, VENDOR AND SOLICITOR
Includes, unless otherwise herein provided, any person who engages
in merchandising any goods, wares, commodities, books, periodicals or services
or who solicits contributions of goods or moneys by going from house to house
or from 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.
PERSONS
Includes any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure or structure of any kind
intended to be occupied for the period of time necessary to peddle, vend or
solicit the merchandise or products therein housed initially, without the
intent to replenish or restock such goods, wares and merchandise sold therein.
In all prosecutions for 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 this
chapter to act as a peddler, vendor or solicitor, as herein defined, without
first having obtained and paid for, and having in force and effect, a license
therefor.
Upon receipt of the application and of 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 and
the location wherein it may be conducted. This license shall be nontransferable
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.
The fees for all licenses are hereby fixed as follows: $25 per year
or $5 per day or fraction thereof for the applicant, and $10 per year or $1
per day or fraction thereof for each employee of said applicant.
A licensed peddler, vendor or solicitor shall:
A. Not willfully misstate the quantity or quality of any
article offered for sale.
B. Not willfully offer for sale any article of an unwholesome
or defective nature.
C. Not call attention to his goods by blowing a horn, by
ringing a bell other than a house doorbell, by shouting or crying out or by
any loud or unusual noise.
D. Not frequent any street in an exclusive nature so as
to cause a private or public nuisance.
E. Keep the vehicle and/or receptacles used by him in the
furtherance of his licensed business in a sound, clean and sanitary condition.
F. Keep his edible articles offered for sale well protected
from dirt, dust and insects.
G. A licensed peddler, solicitor or vendor shall not:
(1) Stand or permit the vehicle used by him to stand in one
place in any public place or street for more than 10 minutes, nor in front
of any premises for any time if the owner or the lessee of the ground objects.
(2) Sell confectionary or ice cream within 250 feet of any
school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Any person aggrieved by the action of the Town Clerk in the denial of
an application for a license, as provided in this chapter, or in the decision
of the Town Clerk with reference to the revocation of a license, as provided
in this chapter, shall have the right to appeal to the Town Board of the Town
of Ellicott. 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 his last known
address at least five days prior to the date set for the hearing. The decision
and order of the Town Board on such appeal shall be final and conclusive.
Any person who shall act as a peddler, vendor or solicitor, 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 or solicitor subsequent
to the revocation of his license shall be punishable by a maximum fine of
$250 or by imprisonment for not more than 15 days, or both. In addition, such
person shall incur a civil penalty of $50 for each day on which such violation
continues.