[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.
A.
Nothing in this chapter shall be held to apply to any
sales:
(1)
Conducted pursuant to law or by order of any court;
(2)
At wholesale to dealers in such articles;
(3)
By persons under the age of 18 years;
(4)
Of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities;
(5)
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
(6)
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.
B.
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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
