As used in this chapter, the following terms shall have the
meanings indicated:
HAWKER and PEDDLER
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 barters 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 newspapers.
SOLICITOR
Any person who goes from place to place or house to house
or by telephone or stands in any 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 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, 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 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.
It shall be unlawful for any person within the corporate limits
of the Town to act as a hawker, peddler or solicitor as herein defined
or assist the same without first having obtained and paid for and
having in force and effect a license therefor and having received
a solicitor's permit.
A nonrefundable application fee must be submitted to the Town
Clerk prior to receiving an application for a license. Said fee shall
be established from time to time by resolution of the Town Board.
All funds are to be remitted by cash, check, credit card or money
order.
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 or surety company bond
or other bond secured by sufficient collateral in such amount as is
determined by resolution of the Town Board, said bond to be approved
by the Town Attorney 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 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 90 days after the expiration of any such license unless sooner
released by the Town Board.
All licenses issued pursuant to this chapter shall be issued
for a period not to exceed one year, nor a shorter term than one month
but, in any event, shall expire on the 31st day of December following
the date of issuance.
The Commissioner of Public Works/Superintendent of Highways,
Town Clerk, Director of Planning, head of the Building Department,
or similar officer or designee, and Director of Parks and Recreation
and such other Town officials and employees as may be authorized by
the Town Board shall, in the performance of their respective duties
under all Town ordinances and local laws which establish various fee
schedules or charges, from time to time establish such fee schedules
or charges, subject to Town Board approval. Licenses fees shall be
paid to the Town Clerk for the license herein required.
A written statement of all orders taken by licensed solicitors
who demand, accept or receive payment or deposit of money in advance
of final delivery, setting forth the terms thereof, the amount paid
in advance, the name of the solicitor and the name of the person or
firm he or she represents shall be given to the purchaser at the time
the money is paid to or deposited with the solicitor.
No peddler, solicitor or vendor of any type that receives Town
of Chili approval shall be required to obtain a permit for the duration
of any Town-sponsored special event, from start to finish, for any
portion of any parade routes or grounds or surrounding area.
A license may be refused if the applicant shall have been convicted
of a misdemeanor or felony, which, in the judgment of the Town Clerk,
renders the applicant unfit or undesirable to carry on the trade or
occupation of peddler or solicitor. The Town Clerk may also refuse
a license to any person who, in his or her judgment, shall be an undesirable
person or incapable of properly conducting such occupation in accordance
with Town Law § 137. In addition, the Town Clerk, upon consultation
with the Monroe County Sheriff Department and Town Attorney, where
applicable, may suspend any such license upon his or her determination
and finding the regulations and rules herein have been violated. Any
applicant who has been refused a license by the Town Clerk may appeal
to the Town Board therefor, and the same may be granted or refused
by the Town Board.
Any person denied a license or permit or whose license or permit has been suspended or revoked in accordance with §§
369-16 and
369-17 of this chapter shall be ineligible to apply for a new license or permit for a period of six months from the date of such denial, revocation or suspension, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.