[HISTORY: Adopted by the Town Board of the Town of Cicero 6-22-2009 by L.L. No.
11-2009.[1] Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
Any person or organization operating pursuant to New York
State Executive Law Article 7-A.
A festival, parade, observance of a national or state holiday,
or civic event designated by the Town Board as a community event.
[Added 8-25-2010 by L.L. No. 6-2010]
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.
Includes, except as exempted under § 154-2, any person, either principal or agent, who from any public street or public space, 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 to sell or barter, or carries or exposes for sale or barter any goods, wares or merchandise.
A natural person of either sex. For the purpose of this article,
an individual who assists a transient merchant, hawker, peddler or
solicitor shall be deemed to be any individual who participates in
delivering merchandise or any other items sold, performs any services
in or about the customer's premises or otherwise generally renders
aid or assistance, except participation in selling or soliciting orders.
One or more natural persons, corporations, partnerships,
organizations, associations, societies and all other entities of any
kind.
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 service 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.
The Town of Cicero.
The same as that referred to in § 85-a of the General
Municipal Law of the State of New York.
A.
Nothing in this article shall be held to apply to:
(1)
Any sale conducted pursuant to statute or by order of any court.
(2)
Any individual selling personal property at wholesale to dealers
in such articles.
(3)
Individuals participating in fundraising activities through an educational
institution or youth group. Youth group shall include Boy Scouts,
Girl Scouts, Pop Warner, Little League, and other similar groups.
(4)
Peddling of meats, fish, fruit and farm produce by individuals who
produce such commodities if the individual possesses a valid license
from the New York State Department of Agriculture and Markets and/or
who have obtained a permit or license from the Town to sell items
at a Town-sponsored farmer's market.
[Amended 8-25-2010 by L.L. No. 6-2010]
(5)
Any honorably discharged member of the armed forces or any other
individual who has procured a license issued by the County Clerk as
provided by § 32 of the General Business Law of the State
of New York, however, a license pursuant to this article shall be
refused to any honorably discharged member of the armed forces who
has been convicted of a felony or is required to be registered as
a sex offender. A license pursuant to this article may be refused
to an honorably discharged member of the armed forces if said member
has been convicted of a misdemeanor, which, in the opinion of the
Town Clerk, makes the member unsuited to be awarded a license pursuant
to this article.
(6)
Any
individual or person peddling goods, wares or merchandise at a community
event, as defined herein.
[Added 8-25-2010 by L.L. No. 6-2010]
B.
Charitable solicitors and individuals working for charitable solicitors
shall also be exempt.
[Amended 6-22-2016 by L.L. No. 7-2016]
It shall be unlawful for any person or individual within the
corporate limits of the Town to act as a transient merchant, 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.
A.
Any person or individual desiring to procure a license under this
article shall file with the Town Clerk a written application upon
a form furnished by the Town Clerk, and shall file at the same time
the following information:
(1)
The number and kind of vehicles to be used by the person or individual
in carrying on the business for which the license is desired, together
with license plate numbers.
(2)
The kind of goods, wares and merchandise the person or individual
desires to sell or the kind of service the person or individual desires
to perform.
(3)
The method of distribution.
(4)
The full legal name, street address, legal address, telephone number
and date of birth of the person and each individual who will be working
for the person as a transient merchant, hawker, peddler or solicitor
in the Town.
(5)
Whether or not the person or individual has been convicted of a misdemeanor
or felony, and, if so, give date of conviction, nature of offense,
penalty imposed, and name and address of court.
(6)
The length of time for which the person or individual desires the
license.
(7)
A copy of the driver's license or other legal form of photograph
identification for each individual who will be working for the person
as a transient merchant, hawker, peddler or solicitor in the Town.
(8)
A signed waiver, in a form acceptable to the Town, authorizing a
criminal history records check for each individual who will be working
for the person as a transient merchant, hawker, peddler or solicitor
in the Town.
(9)
Such other information as may be required by the Town Board.
B.
All individuals who will be acting as a transient merchant, hawker,
peddler or solicitor, or assisting a transient merchant, hawker, peddler
or solicitor, are required to obtain a license under this article.
It is not sufficient for a person to obtain a license in the name
of the person without also obtaining a license for every individual
working for or on behalf of the person who will be acting as a transient
merchant, hawker, peddler or solicitor.
C.
If applicable, such application shall be accompanied by a certificate
from the Director of Weights and Measures of the county certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
D.
It shall be unlawful to make false statements on a license application.
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 deposit of $5,000 surety company
bond or other bond secured by sufficient collateral, said bond to
be approved by the Attorney for the Town 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 solicitor shall have the
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.
B.
The Town Clerk shall refuse a license to any person or individual who fails to comply with § 154-4. A license shall also be refused if the person or individual has been convicted of a felony or is required to be registered as a sex offender. A license pursuant to this article may also be refused to a person or individual who has been convicted of a misdemeanor, which, in the opinion of the Town Clerk, makes the person or individual unsuited to be awarded a license pursuant to this article. If an individual working for a person has been refused a license due to conviction of a misdemeanor or felony, or because the individual is required to be registered as a sex offender, that individual shall not be permitted to act as a hawker, peddler, solicitor or transient merchant in the Town, however, the status of that individual shall not prohibit the person, or other employees of the person, from obtaining a license.
C.
Any person or individual who has been refused a license by the Town
Clerk may apply to the Town Board for a license under this article,
and the same may be granted or refused by the Town Board, except as
prohibited by Town Law § 137.
D.
Each license granted shall contain the name of the person; the name
of the individuals working for the person, if applicable; the date
of issuance; the date of expiration; the purpose for which the license
was issued; and a license number assigned by the Town Clerk. The license
shall contain the seal of the Town. A copy of each individual licensee's
driver's license or other legal form of photograph identification,
also containing the seal of the Town, shall be attached to the license.
Any holder of any license issued under this article who permits
it to be used by any other person or individual, and any person or
individual who uses such license granted to any other person or individual,
shall each be guilty of a violation of this article as well as applicable
provisions of the New York State Penal Code, as amended.
A.
Whenever a license shall be lost or destroyed on the part of the
licensee or his agent or employee, a duplicate in lieu thereof, under
the original application, bond, and certificate(s), may be issued
by the Town Clerk upon the filing with the Town Clerk by the licensee
of an affidavit setting forth the circumstances of the loss, and what
search efforts have been made for its recovery.
B.
A fee for the replacement of lost or destroyed licenses shall be
established by separate resolution of the Town Board.
All licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in that order
in which they are issued, 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, the date of issuance
and expiration of the license, fee paid and the name and address of
the licensee.
[Amended 8-25-2010 by L.L. No. 6-2010; 3-9-2016 by L.L. No. 3-2016]
A.
Licenses
under this article may be granted or renewed for such periods as shall
be established by separate resolution of the Town Board.
B.
The Town Board may, by separate resolution, create specific classes
of license as it deems necessary. The power shall include, but not
be limited to, the specification of eligibility criteria, delegation
of discretion over the granting of such licenses, and the designation
of specific locations and events at which such licenses shall be valid.
Every licensee, while exercising his or her license, shall carry
the license with him or her and shall promptly exhibit the same upon
demand.
A.
The license fee for each person licensed as a transient merchant,
hawker, peddler or solicitor shall be an amount as established by
resolution of the Town Board.
B.
The license fees for criminal background checks for each individual
obtaining a license pursuant to this article shall be established
by separate resolution of the Town Board.
C.
The fee for replacement and renewal licenses shall be established
by separate resolution of the Town Board.
A.
A license may be suspended pending a public hearing as set forth in Subsection B below, upon discovery that a person or individual who has been issued a license is in violation of this article. The license may be suspended by the Town Clerk upon reasonable suspicion of a violation of this article.
B.
The Town Clerk shall promptly notify the Town of Cicero Police Department
and the Town Board of any license suspension. The Town Board shall
hold a public hearing, upon five days' notice in the official
Town newspaper, as soon as possible after the Town Clerk has suspended
a license. A license may be revoked after the public hearing as provided
in Article 9 of the Town Law.
A.
It shall be unlawful to enter upon private property for the purpose
of acting as a transient merchant, hawker, peddler or solicitor 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,
or on a federally recognized holiday except upon the invitation of
the householder or occupant.
B.
It shall be unlawful 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.
It shall be unlawful to peddle, vend, or sell goods or wares within
200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor shall be permit his cart, wagon
or vehicle to stand on any public highway within said distance of
such school property.
D.
It shall be unlawful to falsely or fraudulently misrepresent the
quantity, character or quality of any article offered for sale. No
individual shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Town.
F.
It shall be unlawful to create or maintain any booth or stand or
place any barrels, boxes, crates or other obstructions upon any street,
sidewalk or public place for the purpose of selling or exposing for
sale any goods, wares or merchandise.
G.
It shall be unlawful to represent or state or otherwise indicate
that one is not intending to sell or otherwise enter into a contract
with any person in the household.
H.
It shall be unlawful to, in order to effectuate or assist in any
sale or solicitation, represent that one is engaged in any contest
or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.
Any contract or sale made in violation of § 154-14, Subsections D, G or H, shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
All orders taken by 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.
The Town Clerk shall 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
all suspensions and revocations.
A.
A violation of any of the provisions of this article shall constitute
an offense punishable either:
(1)
By the imposition of a fine not exceeding $350 or imprisonment for
a period not to exceed 15 days, or both, for conviction of a first
offense; for a conviction of a second offense, both of which were
committed within a period of five years, by a fine of not less than
$350 but no more than $700, or imprisonment for a period not exceeding
15 days, or both; and, for conviction of a third or subsequent offense,
all of which were committed within a period of five years, by a fine
of not less than $700 but no more than $1,000, or imprisonment for
a period not exceeding six months, or both; and/or
(2)
By the imposition of a civil penalty in the above amounts, which
said penalty may be assessed and recoverable against the violator
in a small claims proceeding instituted by the Town in the Town Justice
Court, pursuant to the provisions of Article 18 of the Uniform Justice
Court Act.
B.
Each week's continued violation shall constitute a separate,
additional violation for which separate and additional fines or civil
penalties in the above amounts may be imposed or recovered.
A valid license issued prior to the effective date of this legislation
shall remain in full force and effect. Any renewal or subsequent license
application shall be subject to the requirements of this legislation.
[Amended 8-25-2010 by L.L. No. 6-2010]
This article shall apply to the seasonal sale of food from fixed outdoor locations within the Town of Cicero. Restaurants, as defined in Chapter 210 of the Code of the Town of Cicero, shall not be required to obtain a license pursuant to this article. Concession sales at school-sponsored events and community events, as herein defined, shall also not be required to obtain a license pursuant to this article. No license shall be required of a nonprofit organization or individuals working for such organizations, where the proceeds derived from vending go and belong to such organizations for their sole use. This exemption shall not include, however, individuals or persons who agree to give any or all of their proceeds to such nonprofit organizations.
As used in this article, the following terms shall have the
meanings indicated:
A festival, parade, observance of a national or state holiday,
or civic event designated by the Town Board as a community event.
[Added 8-25-2010 by L.L. No. 6-2010]
Includes any person, either principal or agent, who from
any fixed location, by use of a temporary or moveable structure, or
a motor vehicle of any kind, sells or barters, offers to sell or barter,
or exposes for sale food products. This shall include, but not be
limited to, hot dog sales, snow cone or ice cream sales, funnel cake
or fried dough sales, produce sales, and other similar sales.
A natural person of either sex.
One or more natural persons, corporations, partnerships,
organizations, associations, societies and all other entities of any
kind.
The Town of Cicero.
[Amended 8-25-2010 by L.L. No. 6-2010]
Unless exempted it shall be unlawful for any person or individual
within the corporate limits of the Town to act as a food vendor without
first having obtained and paid for, and having in force and effect,
a license therefor.
A.
Any person or individual desiring to act as a food vendor in the
Town shall file with the Town Clerk a written application upon a form
furnished by the Town Clerk, and shall file at the same time the following
information:
(1)
The type of structure or motor vehicle to be used by the food vendor,
including license plate number, if applicable.
(2)
The kind of food to be sold.
(3)
The full legal name, street address, telephone number and date of
birth of the food vendor and each individual who will be working for
the food vendor in the Town.
(4)
A cellular telephone number for each individual working at the structure
or motor vehicle while food is being sold.
(5)
The length of time for which the food vendor desires the license.
(6)
A copy of the driver's license for the food vendor and each
individual who will be working for the food vendor in the Town.
(7)
A signed waiver, in a form acceptable to the Town, authorizing a
criminal history records check for the food vendor and each individual
who will be working for the food vendor in the Town.
(8)
Proof of consent to locate at the location from the property owner.
(9)
Such other information as may be required by the Town Board.
B.
Food vendors shall provide the Town with all necessary certifications
and approvals from the Onondaga County Health Department.
C.
It shall be unlawful to make false statements on a license application.
B.
The Town Clerk shall refuse a license to any person or individual who fails to comply with § 154-23. A license shall also be refused if the person or individual is required to be registered as a sex offender. A license pursuant to this article may also be refused to a person or individual who has been convicted of a misdemeanor or felony which, in the opinion of the Town Clerk, makes the person or individual unsuited to be awarded a license pursuant to this article. If an individual working for a person has been refused a license due to conviction of a misdemeanor or felony, or because the individual is required to be registered as a sex offender, that individual shall not be permitted to work as a food merchant in the Town, however, the status of that individual shall not prohibit the person, or other employees of the person, from obtaining a license.
C.
Any person or individual who has been refused a license by the Town
Clerk may apply to the Town Board for a license, and the same may
be granted or refused by the Town Board, except as prohibited by Town
Law § 137.
D.
Each license granted shall contain the name of the food vendor; the
date of issuance; the date of expiration; the purpose for which the
license was issued; and a license number assigned by the Town Clerk.
The license shall contain the seal of the Town. A copy of the food
vendor's driver's license or other legal form of photograph
identification, also containing the seal of the Town, shall be attached
to the license.
E.
The Zoning Office shall approve of each license granted under this
article.
Any holder of any license issued under this article who permits
it to be used by any other person or individual, and any person or
individual who uses such license granted to any other person or individual,
shall each be guilty of a violation of this article as well as applicable
provisions of the New York State Penal Code.
A.
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 certification(s), may be issued by the
Town Clerk upon the filing with the Town Clerk by the licensee of
an affidavit setting forth the circumstances of the loss, and what
search effort has been made for its recovery.
B.
A fee for the replacement of lost or destroyed licenses shall be
established by separate resolution of the Town Board.
All licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in that order
in which they are issued, 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, the date of issuance
and expiration of the license, fee paid and the name and address of
the licensee.
[Amended 8-25-2010 by L.L. No. 6-2010]
Licenses under this article may be granted or renewed for such
periods as shall be established by separate resolution of the Town
Board.
Every licensee, while exercising his or her license, shall clearly
exhibit the license.
A.
The license fee for each food vendor shall be an amount as established
in a separate resolution of the Town Board.
B.
The license fees for criminal background checks for each individual
obtaining a license pursuant to this article shall be established
by separate resolution of the Town Board.
C.
The fee for replacement and renewal licenses shall be established
by separate resolution of the Town Board.
A.
A license may be suspended pending a public hearing as set forth in Subsection B, below, upon discovery that a food vendor who has been issued a license is in violation of this article. The license may be suspended by the Town Clerk upon reasonable suspicion of a violation of this article.
B.
The Town Clerk shall promptly notify the Town Police Department,
Zoning Office and the Town Board of any license suspension. The Town
Board shall hold a public hearing, upon five days' notice in
the official Town newspaper, as soon as possible after the Town Clerk
has suspended a license. A license may be revoked after the public
hearing as provided in Article 9 of the Town Law.
A.
No food vendor shall sell food between the hours of 9:00 p.m. and
10:00 a.m., except during festivals in the Town or Town-sponsored
events.
B.
No food vendor shall sell food within 200 feet of any place occupied
exclusively as a public or private school or for school purposes.
This prohibition shall not apply to concession sales during school-sponsored
events.
C.
No food vendor shall falsely or fraudulently misrepresent the quantity,
character or quality of any food offered for sale.
E.
No food vendor shall obstruct any street or sidewalk for the purpose
of selling or exposing for sale any food or other merchandise.
F.
No food vendor shall, in order to effectuate or assist in any sale
or solicitation, represent that he or she is engaged in any contest
or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.
G.
No food vendor shall sell food products at real property zoned as
residential under the Town of Cicero Zoning Code, as amended.
H.
No food vendor shall sell food from a location that, in the opinion
of the Town Police Chief or Director of Planning, obstructs traffic
or otherwise creates an impediment to the public's health and
safety.
I.
No food vendor shall operate in a manner not approved by the Town
Zoning Office.
J.
No food vendor shall commence food sales until the Zoning Office
has conducted an inspection and has certified that there are no violations
of applicable laws, codes, rules and regulations.
The Town Clerk shall 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
any license suspension or revocation.
A.
A violation of any of the provisions of this article shall constitute
an offense punishable either:
(1)
By the imposition of a fine not exceeding $350 or imprisonment for
a period not to exceed 15 days, or both, for conviction of a first
offense; for a conviction of a second offense, both of which were
committed within a period of five years, by a fine of not less than
$350 but no more than $700, or imprisonment for a period not exceeding
15 days, or both; and, for conviction of a third or subsequent offense,
all of which were committed within a period of five years, by a fine
of not less than $700 but no more than $1,000, or imprisonment for
a period not exceeding six months, or both; and/or
(2)
By the imposition of a civil penalty in the above amounts, which
said penalty may be assessed and recoverable against the violator
in a small claims proceeding instituted by the Town in the Town Justice
Court, pursuant to the provisions of Article 18 of the Uniform Justice
Court Act.
B.
Each week's continued violation shall constitute a separate,
additional violation for which separate and additional fines or civil
penalties in the above amounts may be imposed or recovered.
A valid license issued prior to the effective date of this legislation
shall remain in full force and effect. Any renewal or subsequent license
application shall be subject to the requirements of this legislation.
