As used in this chapter, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building, store or vacant property in which or where the
person transacts business and sells and deals in, during regular business
hours, the goods, wares and merchandise he hawks, peddles or for which
he solicits.
HAWKER and PEDDLER
Except as hereinafter expressly provided, any person, either
principal or agent, who, from any railroad car or in 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 an animal or vehicle, sells
or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise.
PERSON
One 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 newspapers, or
for services to be performed in the future or for making, manufacturing
or repairing any articles 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 persons having an established place of business
in the Town of Owego or their employees engaged in the sale of milk,
dairy products, eggs, ice or baked goods, to persons having an established
place of business within the Town or their employees for soliciting
orders from customers and delivering the same, to farmers or truck
gardeners of said Town of Owego who themselves or through their employees
vend, sell or dispose of products of their own farms and gardens or
to persons licensed pursuant to § 32, Article 4, of the
General Business Law of the State of New York. This chapter shall
also not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person, within
the limits of the Town of Owego, 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.
Any person desiring to procure a license as
herein provided shall file with the Town Clerk a written application
upon a blank form prepared by the Town Clerk and furnished by the
Town. Such application shall give the number and kind of vehicles
to be used by the applicant in carrying on the business for which
the license is desired; the kind of goods, wares and merchandise he
desires to sell or the kind of service he desires to perform and the
method of distribution; the name, address and age of the applicant;
the name and address of the person, firm or corporation he represents;
the length of time the applicant desires the license; and such other
information as may be required by the Town Clerk. Such application
shall be accompanied by a certificate from the Sealer of Weights and
Measures of the County of Tioga, certifying that all weighing and
measuring devices to be used by the applicant have been examined and
approved.
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 inches in height in a conspicuous place on
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.
The Supervisor may, at any time, for a violation
of this chapter or any other ordinance or any law, revoke any license.
When a license shall be revoked, no refund of any unearned portion
of the license fee shall be made. The Supervisor shall notify the
Town Clerk of the revocation of any license; and the reason or reasons
therefor, in writing, shall be served by the Town Clerk upon the person
named in the application. A copy of such notice shall be filed in
the office of the Town Clerk.
[Amended 3-17-1981]
A licensed hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale nor offer for
sale any unwholesome, tainted or diseased provisions or merchandise.
B. Keep the vehicle and receptacles used by him in clean
and sanitary conditions, and the sale or peddling of any foodstuffs
and edibles shall be subject to the rules and regulations of the Health
Officer.
C. Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares nor shout or cry out
his wares.
D. Not stand or permit the vehicle used by him to stand
in any one place in any public place or street for more than 10 minutes.
E. Not sell any confectionery or ice cream within 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
F. Not permit any vehicle used by him to stop or remain
on any crosswalk.
G. 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.
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 copy shall be given
to the purchaser at the time the deposit of 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 persons licensed, the amount of the
license fee paid and also the date of revocation of all licenses revoked.
[Amended 3-17-1981; 11-3-2021 by L.L. No. 2-2021]
Any person who himself or by his clerk, agent
or employees shall act as a hawker, peddler or solicitor, as herein
defined, without a license or who shall violate any of the provisions
of this chapter or who, having had his license revoked, shall continue
to act as a hawker, peddler or solicitor shall be guilty of a violation
with a maximum civil penalty of $250 to be imposed, and each day on
which a violation continues shall constitute a separate offense.