[HISTORY: Adopted by the Town Board of the
Town of Haverstraw 8-9-1999 by L.L. No. 11-1999.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 123, Peddling and Soliciting, consisting of the following:
Art. I, General Provisions, adopted 5-8-1950 by ordinance (Ch. 20,
Art. I, of the 1966 Code), as amended; and Art. II, Signs to Exclude
Peddlers and Solicitors, adopted 2-23-1976 by L.L. No. 1-1976 (Ch.
20, Art. II, of the 1966 Code), as amended.
This chapter shall be cited as the "Peddling
and Soliciting Law of the Town of Haverstraw."
This chapter is enacted for the purpose of regulating
local activities of itinerant sellers and solicitors of orders for
sale in order that the peace, health, safety, welfare and good order
of the Town and its inhabitants shall be preserved.
[Amended 3-27-2017 by L.L. No. 1-2017]
For the purpose of this chapter, the words used herein are defined
as follows:
A building, commercial or residential, in which or where
a person transacts business and deals in goods, wares, merchandise,
property (real or personal), services or commodities, which shall
have been in operation for at least 90 days.
One or more persons of either sex, a firm, a partnership,
a corporation, a company or any individual representative or agent
thereof with proper identification (ID), such as a driver's license
or photo ID with proper addresses.
Any person who, by going door to door or by standing in any
street or public place:
Offers to sell merchandise, wares or other goods or property
(real or personal).
Takes orders for the future delivery of merchandise, wares or
other goods.
Offers to purchase goods, wares or other articles of value.
Offers to perform services immediately or at any future date
or offers to make, manufacture or repair any article or thing whatsoever
for future delivery.
Offers to make a future appointment for any of the above purposes.
For the purpose of this chapter, the following terms shall be
considered synonymous with solicitor: "hawker," "peddler," "itinerant
merchant," "transient vendor," "surveyor" and "door-to-door salesman."
Car, truck, van, pushcart and trailer.
It shall be unlawful for any person to solicit, as defined in § 123-3, within the Town of Haverstraw without first having registered with the Town Clerk and having received, and having in force and effect, a license for the same if such be required by said Town Clerk.
A.
The following persons or organizations are exempt
from the license requirements of this chapter:
(2)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Town or their
employees while acting within the scope of their employer and not
having another use.
(3)
A truck gardener or farmer who, himself or through
his employees, sells products of his own farm or garden.
(4)
Religious, charitable and nonprofit organizations.
(5)
A child regularly attending any public or private
school within the County of Rockland, or a representative of any church
maintaining a place of worship within the County of Rockland, or a
member of a veterans' organization, provided that such organization
maintains a chapter, post, lodge, camp or other group within the County
of Rockland, or a member of a fraternal organization, any firemen's
organization or a civic group, provided that such fraternal organization,
firemen's organization or civic group maintains a chapter or local
organization within the County of Rockland, and further provided that
any person within the provisions of this exemption shall hawk, peddle
or solicit only as part of an authorized activity of the organization
of which he is a member or of the school or church which he attends,
and further provided that no person exempted by this subsection receives
any compensation for any such activity here exempted.
B.
All persons and organizations soliciting funds solely
for charitable or other purposes who are exempted from the license
requirements under this chapter shall maintain and keep records identifying
all persons soliciting funds within the Town, and such records shall
contain at least the name and the address of the person soliciting,
the area solicited and the date or dates of solicitation. Said records
shall be filed with the Town Clerk and Police Department.
[Amended 7-8-2019 by L.L.
No. 6-2019]
A.
Every applicant for a license shall submit to the Town Clerk a written
verified application containing the following information:
(1)
The name and age of the applicant.
(2)
His permanent home residence and the address of his current place
of sojourn if different from his home address.
(3)
The name and address of all entities whose products he intends to
sell or for which he intends to solicit orders.
(4)
An itemized statement of all property or services to be sold or offered
for sale.
(5)
All municipalities (name and state) in which the applicant has carried
on the business of hawking, selling or soliciting orders during the
six months immediately preceding the application.
(6)
A statement of the name, address and telephone number of any person
and of any corporation supervising the applicant's local selling
activities under contractual or employment arrangement.
(7)
Copies of all forms of order and of receipt used by the applicant
in soliciting sales or orders.
(8)
Enumeration of the number and kind of vehicles, if any, to be used
by the applicant in carrying on the business for which the license
is requested.
(9)
The names and addresses of all partners, if a partnership, and the
names and addresses of the principal officers, if a corporation.
(10)
The name and address of a person upon whom a legal notice may
be served.
(11)
A statement to the effect that if a permit is granted, it will
not be used or represented in any way as an endorsement by the Town
of Haverstraw or by any department or officer thereof.
(12)
If the applicant is a nonprofit corporation of the State of
New York, a certified copy of its certificate of incorporation, together
with any amendments or supplements thereto.
(13)
Two business references located in the County of Rockland, State
of New York. For nonresident applicants of the County of Rockland,
two letters of reference for the company they work for.
(14)
The length of time that a license shall be valid shall be from
the date of approval until December 31 of that same year.
(15)
A Rockland County Department of Health permit for food licenses.
(16)
Every applicant shall submit in triplicate a photograph two
inches by two inches taken within 30 days of the date of the application
for such license. Such photograph shall show head, full face and shoulders
of the applicant. One copy of the photograph shall be attached to
the license application, and one copy of the photograph shall be attached
to the license.
(17)
The applicant shall indicate the general location where any
selling or soliciting will be done.
B.
Determination of completeness; investigation; approval or denial;
appeal.
(1)
Upon receipt of the application and payment of the license fee, the
Town Clerk will, within two regular business days, determine if the
application is complete. An application will be considered complete
if all required information is provided. If the Town Clerk determines
that the application is incomplete, the Clerk must inform the applicant
of the required, necessary information that is missing.
(2)
If the application is complete, the Town Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within seven regular business days of receiving a complete application, the Town Clerk must issue the license by the end of the seven-business-day period unless grounds exist for denying the license application under § 123-7 in which case the Clerk must deny the request for the peddler or solicitor license within the seven-business-day period.
(3)
If the Town Clerk denies the license application or revokes a license
previously issued, the applicant must be notified in writing of the
decision, the reason for denial and the applicant's right to
appeal the denial by requesting, within 20 days of receiving notice
of rejection, a public hearing before the Town Board. The Town Board
shall hear the appeal within 20 days of the date of the request for
a hearing.
(4)
The decision of the Town Board following the public hearing can be
appealed by petitioning the Supreme Court, County of Rockland, for
a writ of certiorari.
[Amended 7-8-2019 by L.L.
No. 6-2019]
The following shall be grounds for denying or revoking a peddler
or solicitor license:
A.
The failure of an applicant to obtain and demonstrate proof of having
obtained any required county license.
B.
The failure of an applicant to truthfully provide any information
requested by the Town as part of the application process.
C.
The failure of an applicant to sign the license application.
D.
The failure of an applicant to pay the required fee at the time of
application.
E.
A conviction within the past five years of the date of application
for any violation of any federal or state statute or regulation, or
of any local ordinance, which adversely reflects upon the person's
ability to conduct the business for which the license is being sought
in a professional, honest and legal manner. Such violations shall
include, but are not limited to, burglary, theft, larceny, swindling,
fraud, unlawful business practices, and any form of actual or threatened
physical harm against another person.
F.
The revocation within the past five years of any license issued to
an applicant for the purpose of conducting business as a peddler,
solicitor, or transient merchant.
G.
When an applicant has a bad business reputation. Evidence of a bad
business reputation shall include, but is not limited to, the existence
of more than three complaints against an applicant with the Office
of the New York Attorney. General or other state attorney general's
office, or other similar business or consumer rights office or agency,
within the preceding 12 months or three complaints filed with the
Town against an applicant within the preceding five years.
A.
If an application is found unsatisfactory by the Town
of Haverstraw Chief of Police and he has endorsed his disapproval
upon the application, the Clerk shall notify the applicant, by certified
mail, that the application is disapproved and shall deny the applicant
a license.
B.
Upon receipt of the fee, application, report of the
Town of Haverstraw Police Chief's investigation and upon compliance
with all the requirements of this chapter, the Town Clerk shall issue
a license to the applicant specifying the particular business authorized.
This license shall be nontransferable. It 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 police or law
enforcement officer and shall be exhibited to each prospective buyer
or person solicited before making any offer or solicitation.
C.
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be registered separately and each shall pay the appropriate
fee. Upon the expiration of a license, a new license will be issued
upon compliance with all the provisions of this chapter and the payment
of fees and the posting of the bond, except that the investigation
and waiting period therefor may be waived if approved by the Clerk.
D.
In the event of the denial of a license to any applicant
by the Clerk, the applicant may request a hearing within a period
of 30 days after such refusal and denial. Such request shall be in
writing and shall be made to the Town Board and filed with the Town
Clerk within the period provided herein. The Town Board shall hear
such applicant's request for a review of the determination of the
Town Clerk at its next regularly scheduled meeting following the filing
of the application for review with the Town Clerk and in accordance
with the provisions for publication of a legal notice. The Town Board
may grant a license to the applicant if it should determine that the
refusal on the part of the Clerk was arbitrary or erroneous. If the
Town Board, after such hearing, shall determine that the decision
of the Town Clerk was justified under the circumstances, the Board
shall refuse such license. The decision on any such application shall
be rendered by the Town Board, in writing, within 30 days after the
hearing thereof and shall be entered in the minutes of the Town Board.
A.
The Town may at any time, for cause shown or for a
violation of this chapter or any other law, immediately revoke any
license by delivering to the licensee, either in person or by mailing
to the address given in the application, notice of such revocation
in writing and stating therein the reason or reasons for such revocation.
A license so revoked shall be returned to the Town Clerk within four
days of receipt of the revocation.
B.
Licenses issued under the provisions of this chapter
may be revoked by the Town Board after notice and hearing for any
of the following causes:
(1)
The refusal of a solicitor to leave a private premises
after a request by the owner or lawful occupant or the solicitation
of persons other than between the hours of 9:00 a.m. and 7:00 p.m.
shall be cause for revocation.
(2)
Fraud, misrepresentation or a materially incorrect
statement contained in the application for a license.
(3)
Fraud, misrepresentation or a materially incorrect
statement made in the course of carrying on the business of solicitor,
peddler, or distributor or transient merchant.
(4)
Any violation of this chapter.
(5)
Conviction of any state or federal crime, felony or
misdemeanor.
(6)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner or in such manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
C.
A notice of the hearing for the revocation of a license
shall be given by the Town Clerk, in writing, setting forth specifically
the grounds of the complaint and the time and place of the hearing
before the Town Board. Such notice shall be mailed, postage prepaid,
to the holder of the license at the address given on the application
at least five days prior to the date set for the hearing or shall
be delivered by an agent of the Town in the same manner as a summons
at least three days prior to the date set for the hearing.
D.
Upon receipt of notice of cause for revocation, the
Town Clerk may suspend any license pending a hearing and a decision
by the Town Board.
A.
The license fee for solicitors shall be, per person,
as set forth from time to time by resolution of the Town Board as
an annual license fee. In addition, those solicitors who use vehicles,
pushcarts and trailers shall pay an annual fee set forth from time
to time by resolution of the Town Board for each vehicle, pushcart
or trailer.
B.
A disabled veteran who was honorably discharged and
holds a peddler's license pursuant to §§ 32 and 35
of the General Business Law, shall not be required to pay any license
fee whatever but shall be required to register with the Town Clerk.
C.
All licenses shall expire on the 31st day of December
of each year immediately following its issuance.
D.
All applicants for food licenses shall exhibit to
the Town a permit from the Rockland County Department of Health at
the time of application hereunder.
E.
All vehicles which will be used or involved in soliciting
shall at the time of application have a valid license and registration.
F.
All places of sale or soliciting shall be handicapped
accessible.
G.
All premises licensed hereunder shall be in conformity
with New York State Uniform Fire Prevention and Building Code.
[1]
Editor’s Note: Former § 123-11, Bonding requirements,
was repealed 7-8-2019 by L.L. No. 6-2019.
A licensee or his employee shall:
A.
Not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstruction upon any street, sidewalk
or public place for the purpose of conducting business without the
express approval of the Building Inspector or the Town Board.
B.
Not stand or sell the same or similar products within
1,000 feet of any establishment or business within the Town of Haverstraw.
C.
Not willfully misstate any fact about any article
offered for sale.
D.
Not willfully offer for sale any article of an unwholesome
or defective nature.
E.
Not call attention to his goods by blowing a horn,
by ringing a bell, other than a house doorbell, by shouting or crying
or by any loud or unusual noise, except that peddlers of ice cream
and ice cream products for immediate consumption are exempted from
the foregoing prohibition of the use of a bell.
F.
Not frequent any street, sidewalk or public place
so as to cause a private or public nuisance.
G.
Keep any vehicle or receptacle used by him in his
licensed business in a sound, clean and sanitary condition.
H.
Keep any edible articles offered for sale well-protected
from dirt, dust and insects.
I.
Deliver to every person to whom a sale is made or
from whom an order is taken a legibly written receipt, signed and
dated by the licensee, setting out the total price, a description
of the goods or services sold or ordered and a statement of any payment
received by the licensee.
J.
Not knock on, ring the doorbell of, enter the yard or driveway of,
or otherwise contact any home, homeowner or the occupant or occupants
of any home listed on the Town of Haverstraw Do Not Knock Registry
maintained by the Town Clerk's office, and/or which displays
the Haverstraw "Do Not Knock" decal, as approved by the Town Clerk,
for the purpose of hawking or peddling or merchandising.
[Amended 3-27-2017 by L.L. No. 1-2017]
K.
Leave all premises promptly upon request of any occupant
of such premises.
L.
When conducting business pursuant to such license,
relocate the operation of such business to a location of at least
1,000 feet away from the operation of such business every 15 minutes
and may not operate such business within 1,000 feet of any location
previously used within a twenty-four-hour period.
M.
It shall be unlawful for any peddler, solicitor or canvasser to ply
or conduct his trade or to solicit between the hours of 30 minutes
after sunset and 9:00 a.m. on any day.
[Amended 7-8-2019 by L.L.
No. 6-2019]
It shall be the duty of the Town Clerk to keep
a record of all applications received and all licenses granted under
the provisions of this chapter, in which shall be recorded the names
and addresses of persons licensed, the amount of fees paid and all
other pertinent data concerning the issuance of licenses under this
chapter. All licenses issued and all records pertaining thereto shall
contain, in addition to the name and address of the licensee, the
kind of goods, wares and merchandise to be sold or the nature of the
services to be rendered and the date of expiration of said license.
[Amended 3-27-2017 by L.L. No. 1-2017]
Any person who shall act as a hawker or peddler as herein defined
without a license or who shall violate any of the provisions of this
chapter or who shall continue to act as a hawker or peddler subsequent
to the revocation of his license shall be subject to a penalty as
follows:
A.
For a first offense, a fine of not less than $500 and not more than
$1,500;
B.
For a second offense within 24 months, as measured from occurrence
to occurrence, a fine of not less than $1,500 and not more than $3,500;
and
C.
For a third, or more, offense within 24 months, a fine of not less
than $3,500 and not more than $10,000, or imprisonment not to exceed
30 days, or both.
A.
On sidewalks. All locations must first have the approval
of the Building Inspector. Fifty percent of the sidewalk must be clear
for pedestrian travel, shopping carts, carriages, etc. The location
cannot impede any fire ingress or egress and cannot block fire hydrants.
The licensee shall be solely responsible for maintaining an orderly,
clean environment at all times; failure to do so will result in revocation
of the license. A permit to solicit shall be prominently displayed
during all times of operation. No merchandise shall be left outside
on the sidewalk after business hours unless there is a person assigned
to monitor merchandise. Any and all equipment approved for use using
electricity shall have an electrical inspection before a permit is
issued to ensure that no electrical violations exist.
B.
Any property to be used for soliciting shall have
written documentation from said owner allowing the licensee to solicit
on the same.
C.
Approval is required of the Building Inspector for
any outdoor sales of goods ordinarily sold indoors in an adjacent
establishment.
This local law shall become effective upon filing
with the Secretary of State.
[Added 3-27-2017 by L.L.
No. 1-2017]
A.
The Town Clerk shall prepare and maintain a list of addresses where
the owner and/or occupant has notified the Clerk that hawking and
peddling is not desired (hereinafter referred to as the "Do Not Knock
Registry"). Notification shall be by completion of a form available
at the Town Clerk's office during normal business hours. The
list shall be updated as needed by the Town Clerk.
B.
Any owner and/or occupant requesting to be enrolled on the Do Not Knock Registry, pursuant to Subsection A hereof, may also obtain from the Town Clerk a decal for display at his/her/its premises, reflecting the premises' enrollment on the Do Not Knock Registry.
C.
The Town Clerk shall make available the then-current Do Not Knock
Registry to all licensees at the time the license to hawk and peddle
is issued or renewed pursuant to the provisions of this chapter. It
shall be a violation of this chapter for any licensee to hawk or peddle
or merchandise at any premises identified on the then-current Do Not
Knock Registry.
