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:
ESTABLISHED PLACE OF BUSINESS
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.
SOLICITOR
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.
VENDOR, HAWKER AND/OR PEDDLER
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.
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:
A. 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;
B. The kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform;
C. The method of distribution;
D. The name, address and age of the applicant;
E. The name and address of the person, firm or corporation
he represents;
F. The length of time the applicant desires the license;
G. 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
H. 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.
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.
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.