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/she hawks, peddles
or solicits for during regular business hours.
HAWKER AND PEDDLER
Any person, either 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 who 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 to assist the same without first having obtained
and paid for and having in force and effect a license therefor.
An application for a license as a solicitor
who demands, accepts or receives payment or deposit of money in advance
of final delivery shall also be accompanied by a cash deposit of $5,000
or a five-thousand-dollar surety company bond or other bond secured
by sufficient collateral, said bond to be approved by the Town Attorney
as to form and surety, conditioned for making a final delivery of
the 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 on such order be refunded. Any person aggrieved
by the action of any licensed solicitor shall have the 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 Town for a period of 90 days
after the expiration of any such license, unless sooner released by
the Town Board.
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 agent or employee, a duplicate in
lieu thereof, under the original application and bond, may be issued
by the Town Clerk upon the filing with him/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 that 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 the license, the
date of issuance and expiration of the license, the fee paid and the
name and address of the licensee.
[Amended 10-3-1994 by L.L. No. 2-1994]
Such license shall be for a six-month term but
shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his license,
shall carry the license with him/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 of revocation of all licenses revoked.
[Amended 10-3-1994 by L.L. No. 2-1994; 8-10-2015 by L.L. No. 3-2015]
A violation of any provision of this chapter shall be punishable
by a fine of $250 or imprisonment of not more than 15 days, or both.