Town of East Bloomfield, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 10-30-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
This chapter shall be known as the "Town of East Bloomfield Peddlers and Solicitors Rules and Regulations."
As used in this chapter, the following terms shall have the meanings indicated:
A building or store in which or where the person transacts business or deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours.
Any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, 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 not apply to a person selling milk, newspapers and food distributed on regular customer routes.
Except as hereinafter expressly provided, any person, either principal or agent, who, from any vehicle or in any public street or public place or by going from house to house or place of business on foot, offers for sale or barters or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and food distributed on regular customer routes.
Nothing in this chapter shall be held to apply to any sales:
Conducted pursuant to law or by order of any court;
At wholesale to dealers in such articles;
By persons under the age of 18 years;
Of meats, fish, fruit and farm produce by farmers and persons who produce such commodities;
By any honorably discharged member of the armed forces who has procured a license issued by the County Clerk as provided by the General Business Law of the State of New York; or
By merchants having an established place of business within the town or village or their employees for soliciting orders from customers and delivering the same.
Nonprofit organizations and persons working for such organizations shall also be exempt. However, such organizations shall register annually with the Code Enforcement Officer in the event that they plan to engage in vending, hawking, peddling or soliciting, and shall indicate the type of activities to be undertaken and the time when they will be performed; provided, however, that those who shall be exempt under the terms of this subsection shall nevertheless register with the Town Code Enforcement Officer before doing any of the acts regulated by this chapter and receive from said person a special license indicating that they have so registered.
It shall be unlawful for any person within the limits of the town to act as a vendor, hawker, peddler or solicitor as herein defined without first having obtained and paid for, and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Town Code Enforcement Officer a written application upon a form furnished by the Code Enforcement Officer and shall file at the same time satisfactory proof of good character. Such application shall give:
The number, kind of vehicles and license plate number of each vehicle to be used by the applicant in carrying on the business for which the license is desired;
The kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform;
The method of distribution;
The name, address and age of the applicant;
The name and address of the person, firm or corporation he represents;
The length of time the applicant desires the license;
If applicable, a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved; and
Such other information as may be required by the Code Enforcement Officer.
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a cash advance of $500 or a $500 surety company or other bond secured by sufficient collateral, said bond to be approved by the Town Attorney as to form, a surety conditioned by making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order of failing therein, that the advance payment of such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have right by action of 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.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Code Enforcement Officer shall, upon his approval of such application, issue to the applicant a license as provided in § 97-4, signed by the Code Enforcement Officer and setting forth the date of issuance and the effective date of said license which latter date shall be three days after the date of issuance counting the date of issuance as the first day. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder of such 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 violation of this chapter.
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 Code Enforcement Officer. A fee will be charged for the duplicate license.
No license shall be granted to a person under 18 years of age. No applicant to whom a license has been refused or who has a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him and exhibit the same upon demand.
For license fees, see town's fee schedule of file in the town offices.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Code Enforcement Officer may, at any time, for a violation of this chapter or any other provision of law, rule or regulation, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons thereof, in writing, shall be served by the Code Enforcement Officer upon the person named in the application or by mailing the same to the address given in the application.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or solicitation before the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of any day except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No peddler or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or building of any person in the town.
No peddler or solicitor will blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street of public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be made in advance, in writing, and one copy shall be given to the purchaser at the time the deposit is paid to the solicitor.
Any person violating the provisions of this chapter will be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each days' continuation of the offense shall be considered a separate offense.