[HISTORY: Adopted by the Town Board of the Town of Grand Island 4-7-1958; posted 4-19-1958 ; effective 4-28-1958 (Ch. 19 of the 1963 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
It is the intent of the Town of Grand Island to assure that peddling, soliciting and special events in the Town are conducted in manner that protects the health, safety, and welfare of Town residents.
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER and PEDDLER
- Any person, either principal or agent, servant or employee, who, in any public place or street or by going from house to house or place of business to place of business by vehicle, foot, or otherwise, sells, barters or offers for sale or barter, or carries or exposes for sale, by sample or otherwise, any goods, wares or merchandise.
- Individuals, partnerships, corporations and unincorporated associations or any other organization.
- Any person, either principal or agent, servant, or employee, who goes from place to place or house to house or who stands in any public street or place taking or offering to take orders for goods, wares, merchandise or services, except for the sale of newspapers.
Except as otherwise permitted in this chapter, it shall be unlawful for any person within the Town of Grand Island to act as a hawker, peddler or solicitor, as defined in this chapter, without having a valid license.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to apply to any person selling personal property at wholesale to dealers in such articles; to persons soliciting orders from their own customers and delivering same; to any salesmen invited to the house of any householder or to any place of business whether such sale shall be considered peddling, hawking or soliciting; to farmers or truck gardeners of the Town of Grand Island who themselves or through their employees vend, sell, or dispose of products of their own farms or gardens or to persons licensed pursuant to Article 4, § 32, of the General Business Law of the State of New York; or to apply as to anyone so as to interfere within Interstate Commerce; nor to apply to any recognized nonprofit organization.
Every applicant for a license under this chapter is required to complete an application as provided and approved by the Town Clerk and may be required to submit to a criminal history and/or background check. Upon the filing of the application, the Town Clerk shall examine same and either approve and issue the license for the period requested, but in no event for a period not to exceed one year, or disapprove the application and refuse to issue the license. The Town Clerk may from time to time issue a short-term permit, valid for a period not to exceed two weeks, for the purpose of peddling or soliciting during special events organized or approved by the Town. The Town Clerk may refuse a license to any person to protect the public health, safety, morals, or general welfare; or in the event the Town Clerk, in his or her judgment, in noting that the applicant or its employees, servants or agents have been convicted of a misdemeanor or felony, believes that it renders such applicant or its employees, servants or agents unfit or undesirable, or such other factors upon which such refusal may be based in accordance with Town Law § 137. Any applicant who has been refused a license by the Town Clerk may apply to the Town Board by filing a written request with the Town Clerk for a public hearing before the Town Board to review the action of the Town Clerk.
The fee for licenses issued under this chapter shall be set by the Town Board.
Editor's Note: The current Fee Schedule is on file in the Town offices.
The hawker, peddler or solicitor shall keep his/her license with him/her at all times while soliciting in the Town of Grand Island and exhibit it upon request of any person.
Unless otherwise authorized by the Town Clerk, no person shall peddle or solicit in the Town, whether or not exempt from the permit requirements, before 9:00 a.m. or after 8:00 p.m. or sunset, whichever is later.
No licensed hawker, peddler or solicitor shall hawk, peddle, or solicit within 300 feet of any school grounds.
No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued. Any employer or principal may surrender the license of any licensed employee or agent to the Town Clerk, and after application set forth in § 242-5, may have a new license issued to the employee replacing the employee whose license is surrendered. No fee shall be charged for such replacement.
Whenever a license is lost or destroyed, a duplicate license will be issued in lieu of the missing or destroyed license by the Town Clerk. However, an affidavit will be required to be filed setting forth the circumstances of loss or destruction. All lost or destroyed licenses should be reported to the Town Clerk within 24 hours of discovery of the loss, or the holder will be deemed to be operating without a license.
The Town Board may revoke a license at any time if the Board shall determine that such person holding the license is an undesirable person incapable of properly conducting the trade or business licensed there under. However, each licensee shall be entitled to a public hearing, at which hearing the licensee may be heard, before the Town Board shall have the right to revoke the license in accordance with Town Law § 137.
A violation shall be an offense punishable by a maximum fine of $250 or imprisonment for not more than 15 days, or both.