The purpose of this chapter shall be to preserve the public peace and good order in the Town of Sodus and to contribute to the peace, welfare and good order of its people by licensing certain trades or occupations and regulating the conduct of persons engaged in the same.
[HISTORY: Adopted by the Town Board of the Town of Sodus 7-9-1997 by L.L. No. 3-1997 (Ch. 50 of the 1994 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any person, whether a resident of the Town or not, who goes from house to house, from place to place, or from road to road, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers at the time it is offered for sale.
A material person or a corporation, and shall include the plural as well as the singular.
All real property included with the boundaries or limits of any highway, street, road or lane, park or other open or improved area, used or frequented by the public generally, whether or not the fee of the same is owned by the Town of Sodus.
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 or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
Any person, both as principal and agent, who engages in, does, or transacts any temporary and transient business in New York State, either in one locality, or in traveling from place to place in New York State, selling goods, wares, or merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, vacant lot, railroad car, trailer or similar type of land and/or vehicle for the exhibition and sale of such goods, wares, or merchandise. Such person intends to remain in business at any one location for a limited period of time but shall not exceed five calendar days.
The pursuit or exercise without a license, as hereinafter provided, of any of the following trades or occupations within the Town of Sodus is prohibited:
A.
Auctioneering, except for the sale by or in behalf of the owner or tenant of residential real property within the limits of the Town of Sodus, or the executor, administrator or other personal representative of such owner or tenant, or household furniture, fixtures and equipment actually owned and used in and in connection with the enjoyment, use and occupation of such residential real property prior to such sale.
B.
Acting and/or conducting business as a peddler, solicitor and/or transient merchant without first having a obtained and paid for a valid license for a peddler, solicitor and transient merchant approved by the Town Clerk.
C.
Circuses or other exhibitions or performances; provided, however, that nothing herein contained shall be construed to prohibit exhibitions or performances produced and participated in by religious, charitable, benevolent or educational corporations, associations, societies, bodies or organizations and their members in the furtherance of their religious, charitable, benevolent or educational purposes where no private person or corporation receives gain from the proceeds of such exhibitions or performances over actual operating expenses.
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 contain the following:
A.
The name, address, mobile phone number of the applicant.
B.
The social security number and date of birth of the applicant.
C.
A copy of the applicant's valid state driver’s license, state identification card, United States passport or other United States government-issued identification card, which identification must include a photo.
D.
The name and address of the person, firm or corporation represented.
E.
The kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform.
F.
The method of distribution.
G.
The length of time the applicant desires the license.
H.
Proof that the applicant holds a New York Sales Tax identification number.
I.
Such other information as may be required by the Town Clerk.
J.
If a vehicle is to be used, the number and kind of vehicle(s), as well as proof that the applicant holds a valid state driver’s license, proof of a valid state motor vehicle registration for the vehicle to be used, and proof of insurance.
K.
If the application is for a license to handle food in any form, the applicant shall submit a valid permit issued by the New York State Department of Health as mandated by Part 14 of the Sanitary Code of New York State.
L.
An affidavit signed by the owner if a transient merchant is proposing to conduct operations on private property. The affidavit must be displayed prominently at the site during hours of operation by the transient merchant.
M.
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.
A.
Exemptions. Exemptions from this chapter shall not be deemed to grant authorization for any actions done in a manner that would constitute a violation of any law or a nuisance.
(1)
This chapter shall not apply to sales conducted pursuant to statute or by order of any court.
(2)
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
(3)
This chapter shall not apply to any candidate for elective or party office or person acting on behalf of any such candidate or for a recognized political party, in obtaining signatures on petitions, distributing literature or otherwise promoting the candidacy of a candidate or seeking support of any position advocated by such candidate or party.
(4)
This chapter shall not apply to any person issued a license by the County Clerk to hawk, peddle, vend and sell goods, wares or merchandise, or solicit as prescribed in § 32 of the General Business Law of the State of New York.
(5)
This chapter does not apply to any person selling farm produce as prescribed in §81 of the General Municipal Law of the State of New York.
(6)
This chapter shall not apply to any person who is conducting legitimate religious activities, provided that such activities are carried out in an orderly manner without annoyance or harassment to the persons solicited or in any way disturbing the peace or creating a public or private nuisance.
(7)
This chapter does not apply to any person under the age of 10 years, operating a lemonade stand or similar activities at their legal residence.
(8)
This chapter does not apply to any person selling his or her used household goods and clothing, which was not initially purchased for resale, at yard and lawn sales at his or her legal residence (e.g., yard sale by occupant).
(9)
This chapter does not apply to any person peddling or soliciting at the express invitation of the person solicited (e.g., Avon and the Pampered Chef).
(10)
This chapter does not apply to any sales conducted by a wholesaler who is selling goods, wares or merchandise to a person who has an established place of business within the Town.
(11)
This chapter does not apply to any sales conducted by merchants having an established place of business within the Town or their employees for soliciting orders from customers and delivering the same.
(12)
This chapter does not apply to any sales conducted by a person under the age of 18 years in connection with local nonprofit organizations (e.g., Scouts of America and 4-H).
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; provided, however, that those who shall be exempt from the terms of this chapter shall nevertheless register with the Town Clerk before doing any of the acts regulated by this chapter and receive from the Town Clerk a license demonstrating registration.
An application for a license for a peddler, solicitor and transient merchant who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a cash deposit of $10,000 or a surety company bond of $10,000 or other bond secured by sufficient collateral in amounts required by the Town Board, 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 licensee shall have 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 180 days after the expiration of any such license, unless sooner released by the Town Board.
Upon the filing of the application, bond and certificate, as provided in the preceding sections, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided herein, signed by the Town Clerk and setting forth the date of issuance and the effective date of said license which latter date shall be three days after the date of issuance counting the date of issuance as the first day.
A.
Denial of license. License for a peddler, solicitor and transient merchant may be denied for any one of the following reasons:
(1)
The application does not conform to the requirements of this chapter.
(2)
The application contains inaccurate information.
(3)
The applicant is under the age of 18 years.
(4)
The applicant has a criminal history record that warrants denial as recommended by a law enforcement agency.
(5)
The business in which the applicant proposes to engage is unlawful.
(6)
The applicant has had such license previously revoked in the Town or another municipality in the State of New York.
B.
Conditions. The Town Clerk, in consultation with the Town Board, may include in a license for a peddler, solicitor and transient merchant such terms and conditions as deemed necessary or appropriate to protect the safety and general welfare of the Town and its inhabitants as well as to further the purposes and intent of this chapter.
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 chapter.
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 by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
Such licenses shall automatically expire on December 31 following the date of issuance of such license, but such licenses may specifically state and provide for an earlier expiration date.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. 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 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.
The license fee shall be as provided by resolution adopted by the Town Board from time to time, and the license shall be issued to individuals only. If the licensee hires or employs or in any way uses other persons to work for him, such person shall also be licensed in accordance with the provisions of this chapter, with a separate license fee for such person as provided by resolution adopted by the Town Board.
A.
The Town Clerk may suspend or revoke any license issued under this chapter for any of the following reasons:
(1)
Fraud or misrepresentation in the application for the license.
(2)
Fraud or misrepresentation in the course of conducting the business of vending.
(3)
Conducting the business of vending contrary to the provisions of this chapter or the conditions of the license.
(4)
Conducting the business of vending in such a manner as to create a danger to the public health, safety or welfare.
(5)
Conviction of any crime involving moral turpitude while holding a vending license issued under this chapter.
B.
Upon suspension or revocation, the Town Clerk shall serve notice of such suspension or revocation and the reasons therefor, in writing, upon the person named in the application or by mailing the same to the address given in the application.
C.
Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing written notice of appeal with the Town Board of the Town of Sodus.
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, solicitor or transient merchant 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, solicitor or transient merchant 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.
D.
No peddler, solicitor or transient merchant will blow a horn, ring a bell or use any other noisy device to attract public attention to goods or services.
E.
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 displaying for sale any goods, wares or merchandise.
F.
No peddler, solicitor or transient merchant shall falsely or fraudulently misrepresent that the Town or its agents or officers have endorsed such person or the goods, wares, merchandise or services.
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, fee paid and the date of revocation of all licenses revoked.
The Code Enforcement Officer shall review and investigate complaints that allege violations of this chapter. The Code Enforcement Officer shall not review and/or investigate any complaint pertaining to a violation of law that is enforced by another law enforcement agency, though the Code Enforcement Officer may refer complaints to other law enforcement agencies with jurisdiction. Complaints must be in writing and must contain the name, contact information and signature of the complainant. The Code Enforcement Officer may perform an inspection of the alleged violation, interview witnesses as appropriate, and document the results.
A.
The notice of violation must:
(1)
Be in writing.
(2)
Include a description of the person sufficient for identification.
(3)
Include a statement of the violation(s) and describe why the notice is being issued.
(4)
Include a correction order allowing a reasonable time to take the necessary actions to comply with this chapter.
(5)
Inform the person of the right to appeal to the Town Board.
(6)
Include a statement of any applicable penalties in accordance with this chapter.
B.
Method of service. A notice of violation shall be deemed to be properly served if a copy thereof is:
(1)
Delivered to the person personally; or
(2)
Sent by certified mail addressed to the person at the last-known address with the return receipt requested; or
(3)
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
A.
Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for civil penalty not to exceed $250 per day for every such violation. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town.
B.
Criminal penalty. Any violation of any part of this chapter shall constitute a "violation" as defined in the Penal Law of New York State, and shall be punishable by a fine not to exceed $250, or 15 days' imprisonment, or both such fine and/or imprisonment. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
C.
In addition to the foregoing, the Town Clerk, Town Board or the court may also suspend or revoke any license of any person convicted of violating any provisions of this chapter.