[HISTORY: Adopted by the Common Council of the City of Kingston 6-6-1989, approved 6-8-1989 (Ch. 61 of the 1984 Code). Amendments noted where applicable.]
The City of Kingston has broad powers to regulate the use of its city streets and for the prevention and promotion of the health, safety, aesthetics and general welfare of its inhabitants. Any use of the streets for a private business purpose which interferes unduly with the use of the streets by others for travel must be regulated.
It is the purpose and intent of this article to control and regulate the activities of hawkers, peddlers and solicitors in the City of Kingston. History has shown that there is a need for investigation and review of the past conduct of applicants in the interest of promoting public safety and morals, child welfare, economic well-being and road safety and usage. This article is intended to protect the peace and security of our citizens in their homes and neighborhoods; to safeguard consumers against fraud and inferior goods; and to prevent congestion and unsafe conditions on the streets and roadways of the City of Kingston. It has been made with reasonable consideration of the character of our community and with a view to preserving the character, among other considerations.
The Common Council declares that some hawkers and peddlers keep and store their merchandise and offer it for sale in an unsanitary manner. The Council further finds that the presence of hawkers and peddlers near places of public assemblage where children of school age and others congregate or are discharged from vehicles or where such children board vehicles presents a safety hazard and a danger to the children and the motoring public. The Common Council further finds that wrappings and coverings, some containing partially unconsumed items, or the items themselves are often carelessly discarded other than in receptacles provided for such items, thereby causing an ugly blight on the city's streets and surrounding properties, with increased collection costs to the city.
As used in this article, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits during regular business hours, six hours per day for at least 46 weeks in each calendar year, and in which there is a person or clerk continually in attendance during such hours.
- HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person
who, from 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
any or from any animal, wagon, cart, boat or car on a railroad track
or vehicles, sells or barters, offers for sale or barter or carries
or exposes for sale or barter any goods, wares or merchandise, except
milk, newspapers, periodicals and other expressive materials. The
terms "hawker" and "peddler" shall not be construed to include persons
exclusively selling expressive materials. For the purpose of this
chapter, expressive materials shall not be subject to peddling license
requirements. For the purpose of this chapter, "expressive materials"
includes, but is not limited to, books, comics, and other written
materials, audio recordings, video recordings, and visual art. [Amended 9-2-2014; approved 9-8-2014]
- Includes natural persons, corporations, copartnerships, unincorporated associations or any other organizations of two or more persons.
- 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 milk, 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 article shall be held to apply to any of the following:
Sales conducted pursuant to statute or by order of any court.
Merchants having an established place of business within the city or their employees, for soliciting orders, door to door, from customers and delivering the same.
Commercial salesmen or deliverymen calling exclusively on merchants having an established place of business within the city or to any person selling goods, wares or merchandise or personal property at wholesale to dealers in such articles.
Farmers and/or truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms and/or gardens.
Berry pickers who shall sell berries of their own picking.
Sales conducted by infants under the age of 18 who are soliciting orders for a not-for-profit corporation. The article expressly excludes application to Girl Scouts, Brownies, Cub Scouts, Boy Scouts and other school-age children who solicit door to door for the benefit of their school or community organizations.
Persons soliciting, collecting or operating a sale on behalf of any qualified and bona fide charitable, educational, scientific, health, religious, civic or other organization of worthy cause deemed to be in the public interest.
Any person selling his own personal property at a garage sale held at his private residence.
Any person who applies for and is issued a special promotional events permit from the office of the City Clerk.
Honorably discharged veterans of the Armed Forces of the United States who have obtained a veteran's license from the Ulster County Clerk in the State of New York to hawk, peddle or vend pursuant to law shall be subject to all provisions of this chapter, except those requirements contained in § 318-7 requiring licensing fees and § 318-5 requiring fingerprinting.
This article shall not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person within the corporate limits of the City of Kingston 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. Each such person, whether as principal, agent, servant or employee, who engages in any such activities shall be required to be licensed hereunder. Whether such person is compensated for his efforts shall not be determinative for the necessity that all engaged in such activity shall be required to be licensed. Nothing herein shall be considered as requiring a license of the owner, clerk or employee of an established place of business from conducting such activities on the premises of his own place of business or on the sidewalk adjacent to such established place of business.
Any person desiring to procure or renew a license as hereby provided shall file in person with the Chief of Police or a representative designated by the Chief of Police a written application upon a form supplied by the City Clerk and furnished by the city, which shall give the following information:
The name and address of the applicant, including maiden name where applicable.
The applicant's place of residence for the past five years.
The applicant's business for the past five years, including the names and addresses thereof.
Three photographs of the applicant, taken not more than 60 days prior to the date of filing the application, which shall be two by two inches in dimension, showing the head and shoulders of the person making said application.
Whether or not the applicant has ever been convicted of a felony, misdemeanor or violation of any municipal ordinance, except with relation to illegal parking, and, if so, in what court, when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court.
Whether the applicant is married or single.
Whether the applicant has been previously licensed in any occupation and, if so, when, where and for what period and, if such previous license was ever revoked or suspended, the date of the revocation or suspension and the reason therefor.
If employed by the owner of a licensed vehicle, the name and address of such employer, together with credentials establishing the relationship.
If the applicant proposes to operate a vehicle in connection with the license, a description of the cart, boat, contrivance or vehicle, together with a license number or other means of identification and the applicant's license number as issued by the New York State Motor Vehicle Department.
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.
If the applicant is a corporation or association, the name and address and title of the officer upon whom process or other legal notice may be served.
A New York State sales tax identification number for all corporations, partnerships, associations or other similar-type business entities. In the event that an individual applicant does not possess such number, the individual's social security number shall be substituted therefor.
All applications shall be accompanied by a set of fingerprints taken in the same manner as in a criminal proceeding. All such fingerprints shall be submitted to the Chief of Police for a full search. The application shall be accompanied by an appropriate fee, in a certified or bank check or money order, which amount shall be in addition to the fees stated herein. Any report received therefrom shall be filed with the Police Department, whether a criminal record is discovered or not.
If the applicant is a corporation or partnership, a full set of fingerprints of all officers of said corporation or of all of the partners must be furnished.
Applicants shall furnish such other information as may be required by the Chief of Police.
If the applicant's business involves the use of scales or measures, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
If the application is for a license to handle food in any form, the application shall be accompanied by a valid permit issued by the county permit issuing official having jurisdiction, as determined by the Health Department, County of Ulster.
An application for a license shall be accompanied by a bond to the City of Kingston, approved as to form and surety by the Corporation Counsel, in the penal sum of $1,000, with sufficient surety or sureties or sufficient collateral security, conditioned for the due observance during the time of the license of any and all ordinances which are now in force or may be hereafter adopted by the Common Council respecting hawking, peddling and soliciting. In the case of solicitors who demand, accept or receive payments or deposits of money in advance of final delivery, such bond shall be further conditioned for making final delivery of goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment of such shall be refunded. Any person aggrieved by the action of any such licensed solicitor shall have a right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the City of Kingston for a period of 90 days after the expiration of any such license, unless sooner released by the Chief of Police.
Upon issuance of a license, the licensee shall have in full force and effect a liability insurance policy in amounts not less than $100,000 per individual and $100,000 per occurrence. A copy of said policy shall be submitted to the City Clerk.
Upon issuance of a license, the licensee shall execute a hold-harmless agreement indemnifying the city against loss, including costs and expenses resulting from injury to person or property as a direct or indirect result of his enterprise. Said hold-harmless agreement shall be covered by a protective policy of insurance obtained by the applicant in an amount not less than $100,000 and shall be submitted to the City Clerk and shall be subject to the approval of the Corporation Counsel.
The Chief of Police may, in his discretion, upon good cause shown, waive any of the requirements for a license granted for one day of 24 hours.
Upon filing of the application, bonds, and certificates provided in the preceding section, the Chief of Police, shall, within seven days approve or deny the application. In the event that the application is approved, and upon receiving the license fee herein specified, the Police Chief shall issue to the applicant a license as provided in § 318-4, signed by the Chief of Police. The Chief of Police may impose conditions upon the use of said license, including but not limited to the times of the day, days of the week and geographical limits within which the licensee may conduct such activities as allowed by this chapter.
[Amended 9-2-2014; approved 9-8-2014]
Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. In the event that said application is rejected by the Chief of Police, notice of such rejection shall be mailed to the applicant within 10 days of such rejection. The applicant shall then have 10 days from the date of such mailing to appeal such rejection by the Chief of Police to the Common Council. The Common Council, upon hearing the appeal by the applicant, shall approve or deny the issuance of a license.
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 each be guilty of a violation of this article. Whenever a license, badge or vehicle plates shall be lost or destroyed on the part of the holder, a duplicate in lieu thereof under the original application and bond may be used by the Chief of Police upon the filing with him 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 badge and license plate, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee. Such licenses shall automatically expire on January 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date.
No license shall be granted to a person under 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 months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
[Amended 6-5-2012, approved 6-7-2012; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
The fee for a license to act as a peddler or solicitor shall be in an amount set forth in the fee schedule to be established by resolution of the Common Council of this City. The Chief of Police may also, in his discretion, grant a license for one day of 24 hours, for which the fee shall be in an amount set forth in the fee schedule to be established by resolution of the Common Council of this City.
The Chief of Police shall supply badges and vehicle plates to licensed hawkers, peddlers and solicitors. Such badges and plates shall not be transferred or assigned. On the expiration of the license, the licensee shall surrender his badge to the Chief of Police. It shall be unlawful for any person to destroy, deface or injure such badge in any manner or change the number or date thereon. It shall also be unlawful for any person to wear or have in his possession such badge, unless he is the licensed hawker, peddler or solicitor in whose name the license is issued. Such licensee, while exercising his license, shall wear on the front of his outermost garment the badge so provided, which badge shall state the number and character of the license and the date when it expires. The vehicle plates shall be displayed by every licensee operating a vehicle, one on each side of the body of the vehicle used by him in the exercise of his license. Such vehicle plates shall state the character and number of license and the date of expiration. The color of the vehicle plates shall be changed each license year. The wearing of the badge and the display of the vehicle's plates are hereby made a condition of every license to which such badge or plates apply, and the failing of the licensee to wear the badge or to display the vehicle plates, as aforesaid, while in the exercise of his license shall be cause for the revocation of such license.
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 length 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.
The Chief of Police may, at any time, for a violation of this article 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. Notice of such revocation and the reason or reasons thereof, in writing, shall be served by the Chief of Police upon the person named in the application or by mailing the same to the address given in the application and upon filing a copy of such notice with the City Clerk.
It shall be the duty of the City Clerk to keep a record of all applications and all licenses granted under the provisions of this article, 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.
Exclusive rights to locations prohibited; certain locations prohibited. No hawker, peddler, or solicitor shall have the exclusive right to any location on any street or any public property. It shall be unlawful to hawk, peddle or solicit within 200 feet of the entrance to any school property or other place of public assemblage or within a similar distance of a parking lot that is customarily used by school buses. Further, hawkers and peddlers shall not stand on any public streets, sidewalks, bus stops, crosswalks or places so as to obstruct access to or egress from any place or the free flow of vehicular and pedestrian traffic. No hawker, peddler or solicitor shall locate a vending unit within 10 feet of any other vending unit on a public sidewalk nor within 15 feet of a fire hydrant. No hawker or peddler or solicitor shall hawk, peddle or solicit upon or within any street which shall be declared a prohibited street by the Common Council, which determination shall be based on traffic conditions and maintaining a peaceful community. It shall be unlawful to hawk, peddle or solicit in any designated City park, with the exception of City-sponsored events such as Independence Day, Hooley, Fall Festival at Forsyth, concession at Kingston Point Beach, etc., unless given a waiver by the Recreation Department.
[Amended 7-11-2006, approved 7-13-2006]
Heated water required in some instances. Any licensed hawker or peddler selling or dispensing foodstuffs, other than fresh fruit and vegetables, at all times while so hawking or peddling shall have on his or her cart, vehicle or other contrivance from which such foodstuff is sold or dispensed a container with at least five gallons of water heated and maintained to a temperature suitable for the purpose of cleaning the hands of the purveyor and any utensils that may be used in the purveying of the foodstuffs. Such water shall be disposed of only in a wastewater drain and shall not be discharged onto a city street or in a catch basin of a street. This subsection shall not apply to foodstuffs that have been prepackaged or wrapped or covered at a location other than the hawker's, peddler's or solicitor's vehicle, boat, cart or other contrivance.
Refuse containers required. Each and every cart, vehicle, boat or other contrivance used in the hawking or peddling of foodstuffs, beverages or other articles containing a wrapping or cover shall at all times have readily available to the purchasing public a refuse receptacle for the disposal of waste. The maintenance of the container shall at all times be with the hawker or peddler. At the conclusion of the activities at a particular location by the hawker or peddler, he or she shall be responsible for the cleaning up of all waste and debris within a ten-foot radius of such container and shall be responsible for the disposition of such waste and debris in a manner that will cause the expense of such removal in the first instance to be borne by the hawker or peddler and not by the city or any adjacent property owner. At no time of the license period by the hawker or peddler shall such waste or debris be placed in containers provided for the general public by the city or any business association. Disposition of such waste and debris shall comply with any and all City of Kingston regulations on recycling and waste.
Use of weighing and measuring devices. All weighing and measuring devices used by peddlers shall be attached to a fixed standard suspended from the vehicle or conveyance used by such peddler, in order to ensure the accuracy of such device.
Unnecessary noise. No persons, hawkers, peddlers or solicitors shall use or operate any loudspeaker public-address system, radio, sound amplifier or similar device or make any other unnecessary noise to attract the attention of the public.
No persons, hawkers, peddlers or solicitors shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provision or merchandise.
In addition to and not in limitation of any power otherwise granted by law, officers of the Kingston City Police Department are hereby authorized to issue an appearance ticket for violations of this article.
Any person who shall act as a hawker, peddler or solicitor, as herein defined, without a license or who shall violate any of the provisions of this article or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor shall, upon conviction, be punished by a fine of not less than $100 nor more than $500. Each day on which such violation continues shall constitute a separate offense.
Notice of this article shall be published once in the official newspaper of the City of Kingston, New York.
This article shall take effect immediately upon passage and approval.
It is hereby found and determined by the Common Council of the City of Kingston, New York, that the public solicitation of funds from stopped vehicles or vehicles stopped for such purpose on the public street, avenues, roadways and intersections of the City of Kingston, New York, has posed an ever-increasing danger of accident, injury and possible death to the operators of such vehicles, their passengers, other pedestrians and solicitors for funds and that the continuation of such practice of soliciting is inimical to the interests of the people of the City of Kingston, New York, and that there should be adopted, pursuant to § 1640 of the Vehicles and Traffic Law of the State of New York, rules and regulations respecting soliciting from vehicles and the occupants thereof on such public streets, avenues, roadways and intersections within the City of Kingston, New York.
On and after the date that this article shall take effect, it shall be unlawful for any person to solicit funds for whatever cause by soliciting from the occupants of motor vehicles on the moving traffic lanes of any public street, avenue, roadway or intersection, whether such vehicle is stopped for traffic or is in the process of moving with traffic, and each such violation shall constitute a separate offense.
Any person or persons found guilty of an offense or offenses for violation of the provisions of this article shall be subject to a fine in an amount not to exceed $100 or imprisonment not to exceed 10 days, or for both such fine and imprisonment, for each separate violation.
This article shall take effect immediately upon passage and approval.