[Adopted 3-12-2009 by L.L. No. 2-2009]
For the purpose of this chapter, the words used
herein are defined as follows:
CIVIC ORGANIZATIONS
Organizations for the promotion of civic, fraternal and/or
patriotic goals having a business office within or otherwise having
a situs within the Town of Wallkill.
ESTABLISHED PLACE OF BUSINESS
A building, commercial or residential, in which or where
a person transacts business and deals in goods, wares, merchandise
or services, which shall have been in operation for at least 90 days.
PERSON
One or more persons of either sex, a firm, a partnership,
a corporation, or any individual representative or agent thereof with
proper identification (ID), such as a driver's license or photo ID
with proper addresses.
SOLICITOR
A.
Any person who, by means of going door to door
or standing in any street or public place, for money or other consideration:
(1)
Offers to sell merchandise, wares or other perishable
or nonperishable goods.
(2)
Takes orders for the future delivery of merchandise,
wares or other goods and services.
(3)
Offers to purchase goods, wares or other articles
of value.
(4)
Offers to perform services immediately or at
any future date or offers to make, manufacture or repair any article
or thing whatsoever for future delivery.
(5)
Places business cards, flyers, or other forms
of advertising the sale of goods or services adjacent to or on doorsteps,
in doorways, in mailboxes, on vehicles or by similar means.
(6)
Carries or walks with any sign or placard or
similar device for the purpose of advertising the sale of goods or
services.
(7)
Offers to make a future appointment for any
of the above purposes.
B.
For the purpose of this chapter, the following
terms shall be considered synonymous with "solicitor": hawker, peddler,
itinerant merchant, transient vendor, purveyor, door-to-door salesman,
and ice cream vendor. This list is illustrative and is not intended
to be exclusive.
VEHICLE
Car, truck, van, pushcart and trailer and similar devices
used to perform the business of soliciting.
YOUTH ORGANIZATIONS
Include, but are not limited to, Boys and Girls Clubs, Girl
Scouts, Boy Scouts, 4-H Clubs and youth and athletic clubs having
a business office within or otherwise having a situs within the Town
of Wallkill.
[Amended 5-26-2016 by L.L. No. 10-2016]
It shall be unlawful for any person to solicit food or food products without a veterans exemption. In regards to other solicitors, it shall be unlawful for any person to solicit, as defined in §
182-1, within the Town of Wallkill, without first having applied with the Town Clerk and having received and having in force and effect a license for the same approved by the Town of Wallkill Building Inspector/Code Enforcement Officer.
The following persons or organizations shall be required to obtain a license pursuant to the provisions of Chapter
182 but shall not be required to pay any license or registration fee or be required to comply with the provisions of this chapter requiring the solicitor to obtain liability insurance:
A. Merchants with established places of business within
the town and their employees while acting within the scope of their
employment.
B. Farmers and truck gardeners or their employees who
sell or deliver products grown or raised on their own farms and gardens.
C. Religious, charitable, youth, veterans', fraternal
and civic organizations as defined herein.
D. Any veteran of the Armed Forces of the United States
holding a peddlers license provided for in Article 4 of the General
Business Law.
It shall be the duty of the Town Clerk to keep
a record of all applications received and all licenses granted under
the provisions of this chapter, in which shall be recorded the names
and addresses of persons licensed, the amount of fees paid and all
other pertinent data concerning the issuance of licenses under this
chapter. All licenses issued and all records pertaining thereto shall
contain, in addition to the name and address of the licensee, the
kind of goods, wares and merchandise to be sold or the nature of the
services to be rendered and the date of expiration of said license.
[Adopted 4-28-2022 by L.L. No. 2-2022]
Notwithstanding the provisions contained in Article
I of this chapter regulating soliciting, vending and peddling within the Town of Wallkill, it is hereby found and determined that given the ever-changing food scene in the Town, a limited number of permits for mobile food vendors or "food trucks" should be allowed to provide the residents and visitors to the Town additional options for dining and the purchase of edible commodities during special events. It is further found and determined that, in an effort to protect the health, safety and welfare of Town residents and the consuming public, the operation of food trucks should be limited to a relatively small number, such permits should be granted on a periodic basis and that the operations of such vendors should be further regulated to ensure adequate location, accommodation and safe operation.
As used in this article, the following terms shall have the
meanings indicated:
APPLICATION
The form and supporting information or documentation prescribed
by the Town Board seeking the issuance of a food truck permit.
FOOD TRUCK
Any movable restaurant, truck, van, cart, bicycle or other
movable unit in, on or from which food or beverage for human consumption
is sold or offered for sale at retail or given away at temporary or
permanent locations. Such vehicle may be self-propelled or towed by
another vehicle. Vehicles for the delivery of previously ordered food
or beverage, such as pizza, bread and milk, are excluded from the
foregoing definition.
FOOD TRUCK PERMIT
The permit or license issued by the Town Clerk which shall
be proof that a particular food truck has met the qualification requirements
and that the location endorsed thereon has been approved by the Town
for the purpose stated therein.
LOCATION
The particular physical site, approved by the Town Board,
where the food truck shall be parked and operated during permitted
hours.
SPECIAL EVENT
Any event sanctioned or sponsored by the Town of Wallkill
or private event on private property that does last more than one
calendar day, such as a family celebration or business function.
VETERAN
Any veteran of the United States military service or coast
guard who has been discharged from service for other than cause. Any
veteran applicant shall submit a copy of his or her Form DD-214 as
part of the application package.