[HISTORY: Adopted by the Town Board of the
Town of Phelps 7-21-1975 as Ch. 17 of the 1975 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
A.
Nothing in this chapter shall be held to apply to
any sales:
[Amended 10-3-1994 by L.L. No. 2-1994]
(1)
Conducted pursuant to statute or by order of any court.
(2)
By any person selling personal property at wholesale
to dealers in such articles.
(3)
By persons under the age of 18 years.
(4)
By peddling of meats, fish, fruit and farm produce
by farmers and persons who produce such commodities.
(5)
By any honorably discharged member of the armed forces
or any other person who has procured a license issued by the County
Clerk as provided by § 32 of the General Business Law of
the State of New York.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall
register annually with the Town Clerk in the event that they plan
to engage in vending, hawking, peddling or soliciting and shall indicate
the type of activities to be undertaken and the time when they will
be performed.
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.
A.
Any person desiring to procure a license as herein provided shall pay any and all fees as set forth in Chapter A157, Fees, and file with the Town Clerk a written application upon a form furnished by the Town Clerk and shall file at the same time satisfactory proof of good character. Such application shall give:
[Amended 10-3-1994 by L.L. No. 2-1994]
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he/she desires
to sell or the kind of service he/she desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of
a misdemeanor or felony, and if so, the date of conviction, the nature
of the offense, the penalty imposed and the name and address of the
court.
(6)
The name and address of the person, firm or corporation
he/she represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the Town
Board.
B.
If applicable, 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.
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.
A.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 102-3. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The Town Clerk may also refuse a license to any person who, in his judgment, shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.
B.
Any applicant who has been refused a license by the
Town Clerk may apply to the Town Board therefor, and the same may
be granted or refused by the Town Board except as prohibited by Town
Law § 137.
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.
The license fee for each person licensed as a hawker, peddler or solicitor shall be as set forth in Chapter A157, Fees. Such license shall be valid for six months.
[Amended 7-2-1990 L.L. No. 2-1990; 10-3-1994 by L.L. No. 2-1994]
B.
The license fee for each person licensed to assist a hawker, peddler or solicitor shall be as set forth in Chapter A157, Fees. Such license shall be valid for a period of six months.
[Amended 7-2-1990 L.L. No. 2-1990; 10-3-1994 by L.L. No. 2-1994]
C.
For the purpose of this chapter, a person who assists
a hawker, peddler or solicitor shall be deemed to be any person who
participates in delivering merchandise or any other items sold, performs
any services in or about the customer's premises or otherwise generally
renders aid or assistance, except participation in selling or soliciting
orders.
A license issued pursuant to this chapter may
be revoked after a public hearing as provided in Article 9 of the
Town Law.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or so soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell
his goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall be/she
permit his cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Town.
E.
No peddler or solicitor shall blow a horn, ring a
bell or use any other noisy device to attract public attention to
his wares or shout or cry out his wares.
F.
It shall be unlawful to create or maintain any booth
or stand or to 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.
G.
No peddler or solicitor shall represent or state or
otherwise indicate that he/she is not intending to sell or otherwise
enter into a contract with any person in the household.
H.
No peddler or solicitor shall, in order to effectuate
or assist in any sale or solicitation, represent that he/she is engaged
in any contest or in any way attempt to induce a sale or solicitation
by appealing to the sympathies of the person so solicited.
I.
Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
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.