[HISTORY: Adopted by the Legislature of the County of Monroe: Art.
I, 11-9-1972 by L.L. No. 9-1972. Amendments
noted where applicable.]
[Adopted 11-9-1972 by L.L. No. 9-1972]
This article shall be known as the "Monroe County Licensing Law for
Commercial Travelers and Solicitors, as Hereafter Defined, Selling, Offering
for Sale or Soliciting Orders for the Sale of Goods, Services or Merchandise
within the County."
The purpose of this article is to provide for the regulation and licensing
by the County of Monroe of commercial travelers and solicitors selling, offering
for sale or soliciting orders for goods, services or merchandise to or from
members of the public within the County of Monroe, excepting within the City
of Rochester and excepting within towns or villages in the County of Monroe
where such commercial travelers and solicitors, as herein defined, are regulated
or licensed in accordance with § 10, Subdivision 1a (11) of the
Municipal Home Rule Law of the State of New York. This Article complements
a similar regulatory and licensing ordinance enacted by and in effect in the
City of Rochester.
As used in this article, the following terms shall have the meanings
indicated:
A person or group of persons doing business through the act of renting
a room or suite of rooms in a hotel, motel or inn, commercial building or
private dwelling for a period of less than 90 consecutive days for the purpose
of using said premises to sell, offer for sale or solicit orders for goods,
services or merchandise to or from members of the public.
This definition shall not apply to the renting of rooms, halls, hotels
or open spaces for the sole purpose of demonstrating or exhibiting goods to
businesses and for the public in connection with the sales promotions or marketing
campaigns or for the purpose of exhibiting or selling works of art.
A person doing business through the acts of selling or offering for
sale, soliciting orders, demonstrating or making estimates on goods, services
or merchandise directly to the public in the public streets and public places
or by going from house to house, whether by appointment, referral, uninvited
solicitation, route salesman or party plan, within the County of Monroe. This
section shall not apply to persons in the home improvement industry.
A.
Commercial traveler. Every person who engages in business
as a commercial traveler in Monroe County, as defined herein, is hereby required
to apply for and procure a license to be issued by the Treasurer of the County
of Monroe, in conformity with the rules and regulations contained herein,
for the purpose of conducting such business prior to commencing operations
in the County of Monroe, excepting within the City of Rochester or within
any town or village in the county where such regulation and licensing is provided
for.
B.
Solicitor. Every nonresident of Monroe County who engages
in business as a solicitor, as defined herein, is hereby required to apply
for and procure a county license to be issued by the Treasurer of the County
of Monroe for the purpose of conducting such business three days prior to
commencing operations in the County of Monroe, excepting within the City of
Rochester or within any town or village where such regulation and licensing
is provided for.
E.
Bond. Before any commercial traveler's license authorized
herein shall be issued the applicant, there shall be filed with the County
of Monroe proof of a bond executed by a surety company or insurance company
licensed to do business in the State of New York in the sum of $5,000 for
the purpose of saving harmless the citizens of the County of Monroe from any
and all damages which may be incurred by said citizens as a result of possible
false or fraudulent sales practices by any persons licensed hereunder.
F.
Authorization of agent to receive service of summons.
Before any individual, partnership, company or corporation who is a nonresident
of the State of New York shall have a county commercial traveler's or
solicitor's license issued, either to the individual or to the agent
or representative of a company, partnership or corporation, proof of authorization
of the Secretary of State to receive service pursuant to the Business Corporation
Law § 304 must be filed with the County of Monroe or a certificate
appointing the County Clerk of the County of Monroe as a duly authorized agent
for the purpose of accepting service of summons of said nonresident individual,
company, partnership or corporation shall be filed with the application for
said license. In the case of a company, partnership or corporation, this authorization
of an agent to accept service shall be signed by the executive officer(s)
with the authority to bind the company, partnership or corporation to a contract.
A.
Commercial travelers and solicitors.
(1)
Shall not falsely or fraudulently misrepresent the quality,
character or quantity of any articles offered for sale; nor falsely nor fraudulently
represent the services or costs thereof to be rendered or bid upon.
(2)
Shall be in violation of this article if the item sold
does not materially conform to any samples or models demonstrated or brochures
or pamphlets given a prospective customer as to size, materials, use, application
and quality of workmanship.
(3)
Shall identify himself as a salesman upon approaching
a citizen in a public place or at a private dwelling and explain his purpose,
whether it be direct sales solicitation or orders or the demonstration of
goods and merchandise or any combination of purposes thereof.
(4)
Shall produce for inspection, upon request, the commercial
traveler's or solicitor's license, as the case may be, issued by
the County of Monroe.
B.
Nothing herein contained shall be construed so as to
prevent any person having an established place for the transaction of business
within said county from soliciting orders in such line of business from customers
at such place of business or from taking orders by telephone when telephone
orders are received at such place of business and filling and delivering the
same nor so as to prevent the sale of newspapers or milk, the sale of the
latter to be governed by the provisions of the law and ordinances applicable
thereto.
C.
No person engaged in the business of soliciting for any
article in any public street or place for which a license is required by this
article shall accept any tip or gratuity where no exchange of merchandise
is effected or services rendered.
D.
Application. Every applicant for a license is required
to submit with the written application, under oath, the following information
and material:
(1)
The name of the applicant.
(2)
The permanent home residence of the applicant.
(3)
The name and address of the firm represented, if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares, commodities or services
to be offered for sale or to be used for the purpose of biding for services.
Included shall be the brand name, manufacturer and distributor of goods and
commodities and the name, publisher and distributor of all books, magazines
or periodicals to be offered for sale.
(6)
To the application must be appended a document of authorization
from the firm which the applicant purports to represent.
A violation of this article shall be punishable by a fine not exceeding
$150 or by imprisonment not exceeding 150 days, or by both such fine and imprisonment,
or by a penalty of not more than $500 to be recovered by the County of Monroe
in a civil action.
