[HISTORY: Adopted by the Town Board of the Town of Binghamton 4-15-2003 by L.L. No. 1-2003; amended in its entirety 11-15-2016 by L.L. No. 3-2016. Subsequent amendments noted where applicable.]
No person, firm or corporation, business, or limited liability company without first having obtained a license therefor as provided herein shall peddle goods, wares or merchandise on any public street, avenue, sidewalk, lane or alley or in any public place in the Town of Binghamton, or sell or offer for sale any goods, wares or merchandise in, upon or from any booth or stand in any public street, avenue, sidewalk, lane or alley or in any public place in such Town; provided, however, that the vendors of newspapers, milk, bakery goods, cheese, eggs, cream and farmers and growers of farm and garden produce and regularly established retailers in said Town and their duly appointed agents, servants and employees shall not be required to apply for and obtain a license or to pay a fee. A person, firm, business, limited liability company or corporation who owns or uses vehicles with the same or similar business markings on said vehicles shall be required to obtain a license for each such vehicle and/or driver.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Any individual, whether a resident of the Town or not, traveling either by foot, wagon, motor vehicle or any other type of conveyance from place to place, from house to house or from street to street fulfilling orders and/or taking or attempting to take orders for the sale of goods, wares or merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not or hires, leases, uses or occupies any building, structure, tent, railroad car, boat, hotel room, lodging room, apartment house, shop or any other place within the Town for the sole purpose of exhibiting samples and taking orders for future delivery. A person, firm, business, limited liability company or corporation shall be considered to be a canvasser or solicitor. Federal Express, United Parcel Service and/or the United States Postal Service are not considered a canvasser or solicitor.
- Includes any person, whether a resident of the Town or not, traveling by foot, wagon, motor vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares or merchandise, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. A person, firm, business, limited liability company or corporation shall be a peddler.
- Includes the singular and the plural, and shall also include any person, firm or corporation, association, club, partnership or society or any other organization.
- Includes peddlers, solicitors and canvassers.
An applicant for such license shall execute a written application therefor on a form to be provided by the Building Official and/or Code Official and shall furnish all information required in said form. An applicant shall execute a form provided by the Building Official for a criminal background check on each person subject to this Chapter 161 and shall pay the fee for each such background check.
All applicants shall furnish to the Building or Code Official of said Town the required fee and such other information as shall be required for the purpose of identification, and the Building Official shall conduct such investigation as he shall deem necessary and make a report of his investigation to the Building Official and/or Code Official. If the Building Official and/or Code Official shall approve such application, he shall issue the license herein provided for, for a term ending December 31 of the year in which same is issued. Such license shall be in such form as the Building Official and/or Code Official shall prescribe and it shall be signed by him. The form shall include the name and address of the applicant, the name and address of the person, firm or corporation, if any, for or through whom or which, or under whose auspices, the applicant is authorized to vend or, if none, a statement to such effect, a brief description of the type or types of goods, wares and merchandise to be vended and the expiration date of the license.
Any disabled veteran of any division of the United States Armed Forces, although he must qualify for a license pursuant to the terms of this chapter, if he does so qualify shall receive a license without fee. No license shall be issued, however, to any applicant who shall have been convicted of any crime or the violation of any municipal ordinance or to any person whose vendor's license has been revoked unless the Supervisor shall find upon good cause that the issuance thereof would not be contrary to the best interests of the Town. The license herein provided for may be renewed at its expiration upon the execution of a new application, which shall be in the same form as provided for in § 161-3 here of and upon compliance with the provisions of this chapter.
All licenses shall be nontransferable.
The vendor shall have such license in his possession at all times and shall exhibit the same at any time upon demand by any police officer, Town official, Town employee or the person approached by any vendor.
A vendor shall not conduct activities before 9:00 a.m. or after 6:00 p.m. or in such manner as will interfere with the pedestrian or vehicular use of the public streets and places; nor shall be directly or indirectly cause or permit the public streets and places to be littered with papers, wrappings or other debris or refuse; nor shall be enter in or upon any house or building or on any land or property where there is posted on the front of the building or premises a written notice stating that vendors are not desired, unless the vendor has received the prior consent of the occupant thereof, and be shall make no false statements or representations in the course of his activities and shall conduct himself at all times in an orderly and lawful manner; nor shall be use or blow upon or ring or sound any instrument or thing or shout or cry out for the purpose of attracting attention to his wares or giving notice of his approach; nor shall be sell any confectionery or ice cream within 250 feet of any school between the hours of 9:00 a.m. and 4:00 p.m. on school days.
Any vendor carrying, keeping or using scales, measures or other appliances for weighing or measuring shall first have the same inspected by the County Sealer of Weights and Measures, and if the latter shall find such appliances correct and true, he shall issue his certificate to that effect, and such certificate shall be affixed thereto in a conspicuous place. A vendor shall not carry, keep for use or use any such appliances which shall not be correct and true and do not record and give the weight and quantity claimed by said vendor.
A licensed vendor, hawker, peddler or solicitor shall keep the vehicles and receptacles used by him in a clean and sanitary conditions and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Any person, firm or corporation applying to the Building Official and/or Code Official for such license shall, at the time of making application therefor, pay a fee as determined by the Town Board and the costs of all required background checks.
A violation of the foregoing chapter shall be punishable by a fine of not to exceed $1,000 per occurrence or imprisonment for not to exceed 15 days, or both, for each offense. Each day of a violation shall be considered a separate occurrence.