As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in or where the person transacts business and
deals in the goods, wares and merchandise he or she hawks, peddles or solicits
for during regular business hours.
HAWKER and PEDDLER
Any person, either as 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 milk, newspapers and food distributed on regular customer routes.
SOLICITOR
Any person who goes from place to place or house to house or stands
in any street or 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 milk) 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 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 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.
Any holder of any license who permits it to be used by any other person,
and any person who uses such license granted to any other person, shall each
be guilty of a misdemeanor.
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 may be issued by the Town Clerk 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 the order in which they
are issued, and shall state clearly the kind of vehicle to be used, the kind
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,
fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant but
shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his or her license, shall carry the
license with him or her and shall exhibit the same upon demand.
A license issued pursuant to this chapter may be revoked after a public
hearing as provided in Article 9 of the Town Law.
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,
made in duplicate, stating the terms 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 or revocation of
all licenses revoked.
Any person, firm or corporation who or which shall violate the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter
1, General Provisions, Article
III.