[HISTORY: Adopted by the Town Board of the Town of Brownville 11-9-1978
as Ch. 23 of the 1978 Code (originally adopted 2-13-1974).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which a person transacts business and deals
in the goods, wares and merchandise he hawks, peddles or solicits during regular
business hours.
HAWKER AND PEDDLER
Except as hereinafter expressly provided, any person, either principal
or agent, who, in any public street or public place or by going from house
to house or from place of business to place of business, on foot or on or
from any animal or vehicle standing in a street or highway, sells or barters,
offers for sale or barter or carries or exposes for sale or barter any goods,
wares or merchandise, except as hereinafter exempted.
PERSON
One (1) 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.
SOLICITOR
Any person who goes from place to place or house to house or who
stands in any street or public place, taking or offering to take orders for
goods, wares or merchandise, except as hereinafter exempted, or for services
to be performed in the future, or for making, manufacturing or repairing any
article or thing whatsoever for future delivery.
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 merchants having an
established place of business within the town, or their employees; to the
peddling of meats, fish, fruit and similar produce by farmers and persons
who produce such commodities; to dealers in milk, baked goods, heating oil
and daily newspapers; to any honorably discharged member of the Armed Forces
of the United States who has procured a license as provided by the General
Business Law of the State of New York; or to persons soliciting or collecting
for any bona fide charitable organization. This chapter shall also not apply
so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person within the territorial limits of
the Town of Brownville 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.
Every applicant for a license as herein provided shall submit to the
Town Clerk a written application, under affidavit, setting forth the following
information:
A. Whether he is a citizen of the United States.
B. Whether he has ever been convicted of a felony or misdemeanor,
and if so, giving the details.
C. A detailed statement of the particular business, trade
or occupation for which the license is requested.
D. The number and kind of vehicles, if any, to be used by
the applicant in carrying on the business for which the license is requested.
E. The kinds of goods, wares and merchandise he desires
to sell or the kind of service he desires to render.
F. The name, address and age of the applicant.
G. The name and address of the person, firm or corporation
he represents.
H. The names and addresses of all partners, if a partnership,
and the names and addresses of the principal officers, if a corporation.
I. The name and address of a resident of the State of New
York upon whom a legal notice may be served.
Upon the filing of the application as provided in the preceding section,
the Town Clerk shall, upon his approval of such application, issue to the
applicant a license as provided in § 23-3, signed by the Town Clerk.
Except as hereinafter provided, no license shall be refused except for a specific
reason and for the protection of public safety, health, morals or general
welfare. A license shall not be assignable. Any holder of such license who
permits it to be used by any other person, and any person who uses such license
granted to any other person, shall be guilty of a violation of this chapter.
Such license shall automatically expire on January 1 following the date of
issuance of such license, but such license may provide for an earlier expiration
date. No license shall be granted to a person under eighteen (18) years of
age. No applicant to whom a license has been refused or who has had a license
which has been revoked shall make further application until a period of at
least six (6) months shall have elapsed since the last previous rejection
or revocation, unless he can show that the reason for such rejection or revocation
no longer exists. Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand to any police
officer or citizen.
The license fee for hawkers, peddlers or solicitors shall be as follows:
twenty-five dollars ($25.) per year.
Any licensee using a horse and wagon or motor vehicle may employ not
more than two (2) persons to assist in selling and delivering the wares, but
such persons shall so act only while accompanying a licensed peddler, hawker
or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor in or
about his business shall have the name of the licensee and his address plainly,
distinctly and legibly painted in letters and figures at least two (2) inches
in height in a conspicuous place on the outside of each side of every such
vehicle, and such name and address shall be kept so painted plainly and distinctly
at all times while such vehicle is in use during the continuance of the license.
Upon the refusal of the Town Clerk to issue a license to any applicant,
or upon the determination of the Town Board that any license should be revoked,
the procedure prescribed in Section 137 of the Town Law shall be complied
with. When a license shall be revoked, no refund of any unearned portion of
the license fee shall be made. Notice of such revocation and the reason therefor,
in writing, shall be served by the Town Clerk 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. Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B. Keep the vehicles and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects.
C. Not stand or permit the vehicle used by him to stand
in one (1) place in any public place or street for more than ten (10) minutes
or in front of any premises for any time if the owner or any lessee of the
premises objects.
D. Not sell any confectionery or ice cream within two hundred
fifty (250) feet of any school between the hours of 8:00 a.m. and 4:00 p.m.
on school days.
E. Not permit any vehicle used by him to stop or remain
on any crosswalk.
F. Not create or maintain any booth or stand or place any
barrels, boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or merchandise.
G. Not blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares or shout or cry out his wares.
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 thereof and the amount paid in advance, and
one (1) copy shall be given to the purchaser at the time the deposit or money
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 name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
[Amended 7-10-1974]
Any person or persons, association or corporation committing an offense
against this chapter or any section or provision thereof is guilty of a violation
punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment
for a period not exceeding fifteen (15) days for each such offense, or by
both such fine and imprisonment.