[HISTORY: Adopted by the Town Board of the Town of Sand Lake 7-10-1972.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, either principal or agent, who in any public street or
public place or by going house to house or place of business on foot or on
or from any animal or vehicle standing in a street sells or barters, offers
for sale or barters any goods, publications, wares or merchandise, except
milk, baked goods and newspapers.[1]
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
A.Â
Nothing in this chapter shall be held to apply to any
sales conducted pursuant to statute or by order of any court to any person
selling personal property at wholesale to dealers in such articles, to farmers
and truck gardeners who themselves or through their employees vend, sell or
dispose of produce of their own farms and gardens, to dealers of heating fuel
oil, to any honorably discharged member of the armed forces who has procured
a license as provided by the General Business Law of the State of New York.
Nor shall it apply to any person collecting for any charitable institution
or organization, nor to any person engaged in the business of servicing policies
of life or casualty insurance, nor to merchants having an established place
of business within the town.[1]
B.Â
This chapter shall also not apply so as to unlawfully
interfere with interstate commerce.
It shall be unlawful for any person within the limits of the Town of
Sand Lake to act as a hawker, peddler or solicitor as herein defined without
first having obtained and paid for and having in force and effect a license
therefor.
A.Â
Every applicant for a license is required to submit to
the Town Clerk a written application supplying under affidavit the following
information, to wit:
(1)Â
That he or she is a citizen of the United States.
(2)Â
If he or she has ever been convicted of a felony or misdemeanor.
(3)Â
A description in detail of the particular business, trade
or occupation for which the license is required.
(4)Â
The manner or means of conveyance in which the said business
or trade shall be conducted.
(5)Â
The locality within which it is desired to carry on or
engage in said trade, business or occupation.
(6)Â
The name of the person or persons or place of business
of any such corporation, and the name of the officer in the case of a corporation
upon whom process or other legal notice may be served.
B.Â
Each applicant shall submit with his or her application,
two facial photographs of himself or herself which must be at least of 1Â 1/2
inches by 1Â 1/2 inches in size.
Upon the filing of the application, as provided by § 180-4, the Town Clerk shall, upon his or her approval of such application, issue the applicant a license as provided by § 180-3, signed by the Town Clerk. Said license shall bear a photograph of said applicant. 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, and unauthorized use thereof, either by a holder of such license or by any other person, shall be deemed to be a violation of this chapter. The license shall be issued 10 days after receipt of application if applicant meets all requirements. Said license shall expire on January 1 following the date of issuance of said license.
The license fee to hawkers, peddlers or solicitors shall be set from
time to time by resolution of the Town Board. Such fee shall not apply to
veterans of the United States Armed Forces as provided in § 32 of
the General Business Law.
The Supervisor may, at any time for a violation of this or any other
ordinance or any law, revoke any license. When a license is revoked, no refund
of any unearned portion of the license fee shall be made. Notice of such revocation
and the reason or reasons therefor, in writing, shall be served by the Supervisor
upon the person named in the application or by mailing the same to the address
given in the application, and a copy of such notice shall be filed with the
Town Clerk.
A licensed hawker, peddler or solicitor shall:
A.Â
Not falsely or fraudulently misrepresent the quality
or quantity of any such article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.Â
Keep the vehicles and receptacles used by him or her
in a clean and sanitary condition and the foodstuffs and edibles offered for
sale well covered and protected from dirt, dust and insects.
C.Â
Not stand or permit the vehicle used by him or her to
stand in one place in any public street or place for more than 10 minutes
or in front of any premises for any time if the owner of or leases of the
ground floor thereof objects.
D.Â
Not sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E.Â
Not permit any vehicle used by him or her to stop or
remain on any crosswalk.
F.Â
Not act as hawker, peddler or solicitor as herein defined
between the hours of 9:00 p.m. and 8:00 a.m.
It shall be the duty of the Town Clerk to keep a record of all applications
of all licenses granted under the provisions of this chapter, giving the number
and date of each license, the name and residence of the person licensed, the
amount of the license fee paid and also the date of revocation of all licenses
revoked.
Any person who himself or herself or by his or her clerk or employee
shall act as a hawker, peddler or solicitor, as defined herein, without a
license or shall violate any of the provisions of this chapter or who, upon
having had his or her license revoked, shall continue to act as a hawker,
peddler or solicitor shall, upon conviction, be punishable by a civil penalty
of not more than $250, and each day on which such violation continues shall
constitute a separate offense.
