[HISTORY: Adopted by the Town Board of the Town of Jerusalem 2-14-1996
by L.L. No. 2-1996. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Jerusalem
Peddlers, Solicitors and Transient Merchants Law."
As used in this chapter, the following terms shall have the meanings
indicated:
HAWKER and PEDDLER
Include, 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 barter 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 by telephone or standing in any street or public place takes or offers
to take orders for goods, wares or merchandise, books, magazines, periodicals,
telephone magazine subscriptions, etc. or any other item or items of value,
except newspapers, dairy products 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.
TRANSIENT MERCHANT
A merchant who sells merchandise from private property within the
town for temporary periods only and does not conduct business in buildings
or structures which are assessed on the town tax rolls.
A. Generally. Nothing in this chapter shall be held to apply
to any sales:
(1) Conducted pursuant to statute or by order of any court.
(2) By any person selling personal property at wholesale
to dealers in such articles.
(3) By persons under the age of 18 years representing local
nonprofit organizations.
(4) Relating to peddling of meats, fish, frozen food sales,
frozen fish sales, fruit, water, zebra muscle programs, mail flyers and farm
produce by farmers and persons who produce such commodities and by authorized
persons selling such items at farm markets.
(5) By persons selling personal property at sidewalk sales.
(6) By persons selling antiques, art and crafts at shows.
(7) By persons selling their own used household goods and
clothing not purchased for resale at yard and lawn sales on real property
where they reside.
(8) Conducted or authorized by nonprofit organizations having
offices in Yates County, the proceeds of which shall be used for charitable
or organizational purposes.
(9) Conducted by any person or corporation who, in the ordinary
course of business, is invited by a resident of the town in person or by written
or electronic communication to submit bids to deliver goods to or conduct
business with the resident by whom the person or corporation was invited.
B. Interstate commerce. This chapter shall not apply so as to unlawfully interfere with interstate commerce, and to that end, all persons claiming to be engaged in interstate commerce shall apply to the licensing officer for a certificate of compliance using the form of application described in §
114-5. The applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.
C. Certificate of compliance. When the applicant shall have
established to the satisfaction of the licensing officer that he or she is
engaged in interstate commerce, the licensing officer shall issue to him or
her, without charge, a certificate of compliance stating, among other things,
that such person has complied with the requirements of this section and has
satisfactorily established that he or she is engaged in interstate commerce.
Such certificate shall be carried with the person exercising it and shall
be exhibited upon demand. Each such certificate shall be invalid after one
year from its date of issue. The securing of any such certificate by fraud
or misrepresentation by any person not in fact engaged in interstate commerce
shall constitute a violation of this chapter.
It shall be unlawful for any person within the limits of the town to
act as a hawker, peddler, solicitor or transient merchant, as herein defined,
or assist the same without first having obtained and paid for and having in
force and effect a license therefor or having in force and effect a certificate
of compliance.
A. Any person desiring to procure a license as herein provided
shall file with the Town Clerk a written application upon a form furnished
by the Town Clerk. Such application shall give:
(1) The number and kind of vehicles to be used by the applicant
in carrying on the business for which the license is desired.
(2) The kind of goods, wares and merchandise he or she desires
to sell or the kind of service he or she desires to perform.
(3) The method of distribution.
(4) The name, address, tax identification number and age
of the applicant.
(5) The name, address and tax identification number of the
person, firm or corporation he or she represents.
(6) The length of time the applicant desires the license.
(7) Such other information as may be required by the licensing
officer to substantiate the above items.
B. 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.
An application for a license as a solicitor or transient merchant who
demands, accepts or receives payment or a deposit of money in advance of final
delivery shall also be accompanied by a cash deposit of $10,000 or a surety
company bond of $10,000 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 shall be refunded. Any person
aggrieved by the action of any licensed 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 180 days after the expiration
of any such license, unless sooner released by the Board.
A. Licensing officer to issue or deny. Upon the filing of
the application, bond and certificate as provided in the preceding section
and payment of the required fee, the licensing officer shall, upon his or
her approval of such application, issue to the applicant a license as provided
for herein. A license may be refused if the applicant shall have been convicted
of any violation of this chapter or any criminal conviction.
B. Appeal to the Town Board. Any applicant who has been
refused a license by the licensing officer may apply to the Town Board thereof,
and the same may be granted or refused by the Town Board.
A license shall not be assignable. Any holder of any license who permits
it to be used by any other person and any other person who uses such license
granted to any other person shall each be guilty of a violation.
Whenever a license shall be lost or destroyed on the part of the holder
or his or her agent or employee, a duplicate in lieu thereof, under the original
application and bond, may be issued by the licensing officer upon the filing
with him or her by the licensee of an affidavit setting forth the circumstances
of the loss and what, if any, search has been made for its recovery.
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 kinds
of goods, wares and merchandise to be sold or service to be rendered, the
number of his or her license, the date of issuance and expiration of the license,
the fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant but
shall not exceed one year.
Every licensee, while exercising his or her license, shall carry the
license with him or her and shall exhibit the same upon demand.
The license fee for each person licensed as a hawker, peddler, solicitor
or transient merchant shall be $75 per day, $125 per month or $250 per year.
A license issued pursuant to this chapter may be revoked after a public
hearing held by the licensing officer after due notice to the licensee. All
constitutional safeguards shall be afforded the licensee at such hearing.
A. It shall be unlawful for any person to enter upon private
property for the purpose of peddling or soliciting 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 invitation
of the householder or occupant.
B. It shall be unlawful for any peddler or solicitor in
plying his or her 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 peddle, vend or sell his
or her goods or wares on any public highway within 200 feet of any place occupied
exclusively as a public or private school or for school purposes nor shall
be or she permit his or her cart, wagon or vehicle to stand on any public
highway within said distance of such school property.
D. No peddler, solicitor or transient merchant 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 garage
of any person or corporation in the town.
E. No peddler, solicitor or transient merchant shall blow
a horn, ring a bell or use any other noisy device to attract public attention
to his or her wares or shout or cry out his or her wares.
F. No peddler, solicitor or transient shall represent or
state or otherwise indicate that he or she is not intending to sell or otherwise
enter into a contract with any person in the household.
G. Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the town for
the purpose of vending, peddling or soliciting an order for any merchandise,
device, work, services, book, periodicals or printed matter whatsoever nor
for the purpose of soliciting alms or a subscription or a contribution to
any church, charitable or public institution nor for the purpose of distributing
in person any handbill, pamphlet, tract, notice or advertising material nor
for the purpose of selling or distributing any ticket or chance whatsoever
without the consent of the occupant of said premises previously given.
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
in duplicate, stating the terms of 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 chapter, 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 chapter is hereby declared to be
a violation and shall be punishable by a fine not exceeding $500 or imprisonment
for not more than 15 days, or both. Each day a peddler or solicitor violates
this chapter is a separate offense.