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.
PERSON
Individuals, partnerships, corporations and unincorporated
associations or any other organization.
SOLICITOR
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.
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.
A violation shall be an offense punishable by a maximum fine
of $250 or imprisonment for not more than 15 days, or both.