[Adopted as Ch. 17 of the 1971 Code]
As used in this article, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
FOOD PEDDLER, STANDING OR MOBILE
A person or entity that engages in a business for profit
who sells, offers to sell, offers or barters to sell food or drink
from a pushed, pedaled, pulled or motorized vehicle or from a carried
container and/or from one spot upon a public street, sidewalk, rights-of-way,
or private or public lands. "Food" is defined as all articles used
for food, drink or condiment, including ice or water used by humans,
whether simple, mixed or compound, and articles used or intended to
be used as ingredients in the composition or preparation thereof.
[Added 7-28-2014 by L.L. No. 4-2014]
HAWKER AND PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barters, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
SOLICITOR
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value (except newspapers
or milk), or for services to be performed in the future, or for making,
manufacturing, or repairing any article or thing whatsoever for future
delivery. The term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value
(except newspapers or milk), or for services to be performed in the
future or for making, manufacturing, or repairing any article or thing
whatsoever for future delivery at the home or residence of any person
who has been solicited prior thereto by telephone, or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
STANDING PEDDLER
A person or entity engaged in a business for profit who sells,
offers to sell, offers or barters to purchase merchandise, goods,
services or commodities of any type, or solicits orders for future
services, goods, merchandise or commodities, from house to house or
place to place, whether by the use of a wagon, cart, pack, basket,
container or otherwise for up to one year, whether or not with a display
of samples, from one spot on a public street, sidewalk, rights-of-way,
upon any lands, whether private or public lands, within the Town.
[Added 7-28-2014 by L.L. No. 4-2014]
WALKING PEDDLER
A person or entity engaged in a business for profit who sells,
offers to sell, offers or barters to purchase merchandise, goods,
services or commodities of any type, or solicits orders for future
services, goods, merchandise or commodities, from house to house or
place to place, whether by the use of a vehicle, wagon, cart, pack,
basket, container or otherwise, for up to one year, whether or not
with a display of samples.
[Added 7-28-2014 by L.L. No. 4-2014]
It shall be unlawful for any person within the
corporate limits of the Town to act as a hawker, peddler or solicitor
as herein defined or assist same without first having obtained and
paid for, and having in force and effect a license therefor.
An application for a license as a solicitor
who demands, accepts or receives payment of deposit of money in advance
of final delivery, shall also be accompanied by a cash deposit of
$5,000 or a $5,000 surety company bond or other bond secured by sufficient
collateral, said bond to be approved by the Town Attorney as to form
and surety conditioned for making a final delivery of the goods, wares,
or merchandise ordered or services to be performed in accordance with
the terms of such order or failing therein, that the advance payment
on such order be refunded. Any person aggrieved by the action of any
licensed solicitor shall have right by action on the bond for the
recovery of money or damages, or both. Such bond shall remain in full
force, and effect, and in case of a cash deposit, such deposit shall
be retained by the Town for a period of 90 days after the expiration
of any such license, unless sooner released by the Town Board.
Any license authorized under the provisions of this article shall be issued and subject to all the provisions of Article
I of Chapter
182 of this Code.
Any holder of any license who permits it to
be used by any other person, and any person who uses such license
granted to any other person shall each be guilty of a misdemeanor.
Whenever a license shall be lost or destroyed
on the part of the holder or his agent or employee, a duplicate in
lieu thereof, under the original application and bond may be issued
by the Town Clerk upon the filing with him by the licensee of an affidavit
setting forth the circumstances of the loss, and what, if any, search
has been made for its recovery.
[Amended 5-11-2010 by L.L. No. 7-2010]
All licenses shall be issued via a certificate
with a Town seal and shall state clearly the kind of vehicle to be
used, the kind of goods, wares and merchandise to be sold or service
to be rendered, the number of his license, that date of issuance and
expiration of the license, fee paid and the name and address of the
licensee. Each license issued shall be indexed.
Such license shall be for such term as requested
by the applicant but shall expire not later than the first day of
January next succeeding.
Every licensee, while exercising his license,
shall carry the license with him and shall exhibit the same upon demand.
A license issued pursuant to this article may be revoked as provided in Article
I of Chapter
182 of this Code and Town Law § 137.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery, shall be in writing made in duplicate, stating the
terms thereof and the amount paid in advance, and one copy shall be
given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Town Clerk to keep
a record of all applications and of all licenses granted under the
provisions of this article giving the number and date of each license,
the fee paid and the date of revocation of all licenses revoked.
A violation of any provision of this article
is hereby declared to be a misdemeanor and shall be punishable by
a fine not exceeding $1,000, one year's imprisonment, or both.
[Adopted as Ch. 65, Arts. III and V, of the
1971 Code]
No person shall, upon the public highways or
in any public place within the Town, for the purpose or intent to
solicit or interest another in the rental or sale of any apartment,
room, hotel, house, bungalow, camp, business or enterprise, commit
any of the following acts:
A. Display any sign or advertising matter on or near
a stationary vehicle at or near his person.
B. Solicit, obstruct, annoy, disturb or interfere with
any pedestrian.
[Added 8-16-1977 by Ord. No. 77-1; amended 7-13-2020 by L.L. No. 5-2020]
Any person, firm, corporation, organization or group who violates any provision of this article shall be prosecuted pursuant to §
96-15 of the Town Code.