[HISTORY: Adopted by the Town Board of the
Town of Rockland 10-18-1984 (Ch.
17 of the 1984 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Town of Rockland Peddlers and Solicitors Law."
As used in this chapter, the following terms
shall have the meanings indicated:
Shall mean and include, except as hereinafter expressly provided,
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.
Shall mean and include any person who goes from place to
place or house to house or by telephone 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, dairy products 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 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.
Generally. Nothing in this chapter shall be held to
apply to any sales:
B.
Interstate commerce. This chapter shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce shall apply to the Town Clerk for a certificate of compliance, using the form of application described in § 130-5A; the applicant shall also submit to the Town Clerk satisfactory evidence that he or she is engaged in interstate commerce.
C.
Certificate of compliance. When the applicant shall
have established to the satisfaction of the Town Clerk that he or
she is engaged in interstate commerce, the Town Clerk shall issue
to him or her, without charge, a certificate of compliance, stating
among other things, that such person has complied with the requirements
of this section and has satisfactorily established that he or she
is engaged in interstate commerce. Such certificate shall be carried
with the person exercising it and shall be exhibited upon demand.
Each such certificate shall be invalid after one year from its date
of issue. The securing of any such certificate by fraud or misrepresentation
by any person not in fact engaged in interstate commerce shall constitute
a violation of this chapter.
It shall be unlawful for any person within the
limits of the Town to act as a hawker, peddler or solicitor as herein
defined or assist same without first having obtained and paid for,
and having in force and effect a license therefor, or having in force
and effect a certificate of compliance.
A.
Any person desiring to procure a license as herein
provided shall 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:
(1)
The number and kind of vehicles 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 or she
desires to sell or the kind of service he or 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, give date of conviction, nature
of offense, penalty imposed, and name and address of court.
(6)
The name and address of the person, firm or corporation
he or she represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the Town
Clerk to substantiate the above items.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures of the
county 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 peddler or
solicitor who demands, accepts or receives payment or deposit of money
in advance of final delivery or for all cash sales in excess of $200,
shall also be accompanied by a cash deposit of $2,000 or a $2,000
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 or that payment will be made for breach of any expense
or implied warranty. Any person aggrieved by the action of any licensed
peddler or 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.
Town Clerk to issue or deny. Upon the filing of the application, bond and certificate as provided in the preceding section, and payment of the required fee, the Town Clerk shall, upon his or her approval of such application, issue to the applicant a license as provided in § 130-4. 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 or her judgment shall be an undesirable person or incapable of properly conducting the trade or business for which the license is sought.
B.
Appeal to Town Board. 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.
A license shall not be assignable. 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 violation.
Whenever a license shall be lost or destroyed
on the part of the holder or his or her 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 or 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 his or her license,
the date of issuance and expiration of the license, fee paid and the
name and address of the licensee.
Such license shall be for such term as requested
by the applicant but shall expire not later than the first day of
January next succeeding.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The license fee for each person licensed as
a hawker, peddler or solicitor for either a period of six months or
less or for a period in excess of six months but not more than one
year shall be as set from time to time by resolution of the Town Board.
A license issued pursuant to this chapter may
be revoked after a public hearing held by the Town Clerk after due
notice to the licensee. All constitutional safeguards shall be afforded
the licensee at such hearing.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or 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 or her 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 or her goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he
or she permit his or her 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 or her wares, or shout or cry out his or her wares, except as permitted in Chapter 124, Noise, of this Code of the Town of Rockland.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
F.
It shall be unlawful to 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.
G.
No peddler or solicitor shall represent or state or
otherwise indicate that he or she is not intending to sell or otherwise
enter into a contract with any person in the household.
H.
Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the
Town of Rockland for the purpose of vending, peddling or soliciting
an order for any merchandise, device, work, services, book, periodical
or printed matter whatsoever; nor for the purpose of soliciting alms
or a subscription or a contribution to any church, charitable or public
institution; nor for the purpose of distributing in person any handbill,
pamphlet, tract, notice or advertising material; nor for the purpose
of selling or distributing any ticket or chance whatsoever without
the consent of the occupant of said premises previously given.
I.
Any contract or sale made in violation of Subdivisions
D, G or H shall be null and void and of no effect as to the person
solicited, and any 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 or her 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.
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine not exceeding $250 or imprisonment of not more than 15 days,
or both.
