This chapter shall be known and may be cited as the "Hawking,
Peddling and Soliciting Ordinance of the Town of Lima."
This chapter is enacted for the purpose of regulating and controlling
itinerant merchandising of goods and services in order that the peace,
health, safety, welfare and good order of the Town and its inhabitants
shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or premises in which or where
the person transacts business and deals in the goods or services he
hawks or peddles in the ordinary and regular course of business.
HAWKER and PEDDLER
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods or services by going from house
to house, place of business to place of business or in any public
street or public place or by temporarily occupying a room, building
or other premises therefor.
MERCHANDISING
The selling, bartering or trading or offering to purchase,
sell, barter or trade any goods or services.
PERSON
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
SOLICITOR
Includes 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 and 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 not apply to a person selling milk, newspapers and food distributed
on regular customer routes.
TEMPORARY OCCUPATION
The use of a store, room or any other premises intended to
be occupied only for the period of time necessary to hawk or peddle
the goods therein housed initially without the intent to replenish
or restock such goods.
Merchandising any goods or services within the Town of Lima
without first having obtained a license therefor from the Clerk of
the Town is hereby prohibited.
The license required under §Â
185-4 above shall not be required in the following cases;
A. An honorably discharged member of the armed forces who is crippled
as a result of injuries received while in the naval or military service
of the United States.
[Amended 11-6-1997 by L.L. No. 3-1997]
B. Any person soliciting at the prior express invitation of the person
solicited or serving an established customer.
C. A wholesaler selling articles to dealers or merchants who have an
established place of business in the Town.
D. A truck gardener or farmer who himself or through his employees vends,
sells or disposes of the products of his own farm or garden.
E. A child regularly attending any public or parochial or private school
serving the Town; or a representative of any established church maintaining
a place of worship within the Town; or a member of a veterans'
organization, provided that such organization has and maintains a
chapter, post, camp or lodge within the Town, or a member of a fraternal
organization or civic group which maintains a chapter or local group
within the Town; and further provided that any such person coming
within the provisions of any exemption shall only hawk, peddle or
solicit in connection with an authorized activity of his organization
or church.
Every applicant for a license is required to submit to the Town
Clerk a written application supplying under oath the following information:
A. The name of the applicant.
C. The name and address of firm represented, if any.
D. The length of time for which the license is required.
E. A description of the goods to be offered for sale or a statement
as to the type of service to be offered.
F. The number of arrests or convictions for crime and the nature thereof.
G. If the applicant represents a company, he must attach a letter of
authorization from the said company.
[Amended 11-6-1997 by L.L. No. 3-1997]
Upon receipt of the application and of the license fee and after
consultation with the Town Board to determine the applicant's
qualifications, the Town Clerk shall issue or deny a license to the
applicant, specifying the particular business authorized, if a license
is issued. This license shall be nontransferable and shall be in the
continuous possession of the licensee while engaged in the business
licensed. The license shall be produced upon the demand of any Town
official or prospective buyer.
The Town Clerk shall keep a record of the applications, the
determinations thereon and of all licenses issued under this chapter.
All licenses shall expire one year from the date of issuance.
The license fee for each applicant shall be established by resolution
by the Town Board of the Town of Lima.
A license may be summarily revoked by the Town Clerk after consultation
with the Town Board by reason of falsification in applying for a license
or for hawking, peddling and soliciting in a manner that is obnoxious
to the residents of the Town or for creating or continuing a nuisance
in the Town streets.
[Amended 11-6-1997 by L.L. No. 3-1997]
Any person who shall act as a hawker, peddler or solicitor as
herein defined without a license or shall continue to act as a hawker,
peddler or solicitor subsequent to the revocation of his license shall
be guilty of an offense and shall be liable to a penalty of no more
than $250 or imprisonment not to exceed 15 days, or both, for each
day on which such violation continues.