As used in this chapter, the following terms shall have the
meanings indicated:
HAWKER AND PEDDLER
Includes, 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 newspapers or milk.
SOLICITOR
Includes 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 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 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 assist 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 $10,000 or a ten-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.
The following fees shall be paid to the Town Clerk for the license
herein required:
A. Where a vehicle or vehicles is or are to be used by the applicant,
the fees shall be:
(1) For the first such vehicle so used, the fee shall be as set forth
from time to time by resolution of the Town Board.
(2) For each additional vehicle so used by any one licensee, the fee
shall be as set forth from time to time by resolution of the Town
Board.
B. Where no vehicle is used by the applicant, or where an additional license is required by §
177-8A hereof, the fee shall be as set forth from time to time by resolution of the Town Board.
After a public hearing thereon at which the licensee shall have
an opportunity to be heard, the Town Board may revoke any license
issued under this chapter to any applicant whom the Town Board shall
determine to be an undesirable person or incapable of properly conducting
the trade licensed under this chapter. The granting, refusal or revocation
by the Town Board shall be subject to review by certiorari.
A written statement of all orders taken by licensed solicitors
who demand, accept or receive payment or deposit of money in advance
of final delivery, setting forth the terms thereof, the amount paid
in advance, the name of the solicitor and the name of the person or
firm he represents, shall be given to the purchaser at the time the
money is paid to or deposited with the solicitor.
A violation of any provision of this chapter shall be punishable
by a fine not exceeding $250 or imprisonment of not more than 15 days,
or both.