[HISTORY: Adopted by the Town Board of the Town of Highland by L.L. No. 5-2002. Amendments noted where applicable.]
This chapter shall be known and cited as the "Peddling Law of the Town of Highland."
This chapter is enacted for the purpose of regulating itinerant merchandising and performing of services in order that the peace, health, safety, welfare and good order in the Town of Highland, and of the inhabitants thereof, shall not be endangered or unduly disturbed.
As used in this chapter, the following words shall have the meanings indicated:
- Any person who distributes or causes to be distributed on any street or public place within the Town any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
- All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvement or alterations and anything that may be sold or distributed by peddlers, solicitors or distributors as used herein.
- Any person, whether a resident of the Town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
- Any uninvited individual, firm, partnership, corporation, organization, club or association or any principal or agent thereof.
- Any person, whether a resident of the Town or not, who without invitation goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser" or any person who goes from door to door as described above for the purpose of soliciting and/or collecting funds from a stationary location on any street or other public place.
- TRANSIENT MERCHANT
- Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
Other than an honorably discharged member of the Armed Forces of the United States who is a resident of this state and a veteran of any war, or who shall have served in the Armed Forces of the United States overseas, and the surviving spouse of any such veteran, if a resident of the state, and who holds a license pursuant to § 32 of the General Business Law of the State of New York, it shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Town of Highland without first obtaining a license from the Town Clerk.
The requirements of this chapter shall not apply to any recognized local, nonprofit, religious, charitable, educational, civic or political organization of recognized standing, and a list thereof shall be made by the Town Board and filed with the Town Clerk. The list shall be called the "exempt list." All organizations listed thereon shall be exempt from the provisions of this chapter, and neither they nor their employees, agents, solicitors or representatives need register, but any person, organization, corporation or institution not on the exempt list shall register as herein provided. Any applicant may apply to the Town Board to be placed on the exempt list. Any such organization shall require its representatives so soliciting to wear an official uniform, clothing or other suitable identification approved by the Town Board. Also, nothing in this chapter shall apply to salespersons calling on and selling directly to governmental, business or commercial establishments or to minors 18 years of age or under engaged in such services as snow shoveling, grass cutting, leaf raking, lawn clearing, newspaper and magazine delivering and collecting, and other similar services as an independent contractor.
Any person specifically invited to peddle, solicit or hawk on the property of another shall be permitted to do so, provided that such person obtain a license as herein above provided. Such invitation to hawk, peddle or solicit must be extended by the property owner to the person so hawking, peddling or soliciting at least 24 hours prior to the time that such person shall attempt to hawk, peddle or solicit.
Applicants for licenses hereunder shall file with the Town Clerk a sworn written application on a form to be furnished by said Clerk, which shall give or be accompanied by the following information or documents:
The name and description of the applicant.
The permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the certificate is desired.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such merchandise is located at the time such application is filed and the proposed method of delivery.
Two business references located in the County of Sullivan, State of New York, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance and the nature of the offense and the punishment or penalty assessed therefor.
The applicant's New York State sales tax number.
Each license issued hereunder shall be approved by the Town Board Notwithstanding its date of issuance, each such license shall expire on December 31 of the year in which it is issued unless revoked by the Town Board prior to said date.
No license issued under this chapter shall include more than one person, nor shall the same be used for the benefit of someone other than the licensee.
Each license issued hereunder shall be signed by the Town Clerk and countersigned by the licensee. The Town Clerk shall keep a record of each license issued.
Each license issued hereunder shall be subject to such limitations as may be imposed by the Town Board of the Town of Highland, both in respect to the areas where peddling, hawking and soliciting may be conducted, the times when such activities may take place and the materials which may be peddled, all in accordance with the applicable laws of the State of New York.
For the purpose of effectively administering this chapter, the Town Clerk shall be paid a fee upon the issuance of each license. The fee for such license shall be as established from time to time by resolution of the Town Board.
An applicant for a license who demands, accepts or receives payment or deposit of money in advance of final delivery shall file with the Highland Town Clerk a cash deposit or a bond executed by a surety company or insurance company licensed to do business within the State of New York in the sum of $1,500, conditioned upon making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of any order obtained 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. The bond shall remain in full force and effect, and, in case of cash deposit, such deposit shall be retained by the Highland Town Clerk for a period of three months after the expiration of any such license, unless sooner released by the Highland Town Board for good cause shown.
The Town Clerk, with assistance from such law enforcement agencies as she shall deem necessary, shall investigate all applications and shall thereafter, with due dispatch, issue or deny such license to the applicant. All licenses shall become effective from the date thereof and shall continue in force for the term specified therein but shall not be transferable. No license shall be issued for a longer term than one year from the date thereof.
If, after investigation of any application, the Town Clerk shall deny the same, she shall endorse on such application such disapproval and the reason for the same, and the Town Clerk shall forthwith notify the applicant in writing of such denial and of his right to appeal as hereinafter set forth. A license may be refused by the Town Clerk 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 purpose for which the license is requested. In addition, the Town Clerk may also refuse a license to any person who in her judgment shall be an undesirable person or incapable of properly conducting the trade or business for which the license has been requested.
Any licensee aggrieved by any action or determination of the Town Clerk hereunder may appeal to the Highland Town Board for the issuance of a license within 14 days after notice of the action or determination complained of has been mailed to his last known address by filing a written statement setting forth fully the grounds for appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant's last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
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 authority of this chapter to any applicant whom the Town Board shall determine to be an undesirable person or incapable of properly conducting the trade or business previously licensed.
A license shall not be assignable.
The holder of a license shall not permit it to be used by any other person.
Whenever a license is 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 her by the licensee of an affidavit, under oath, 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 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 each license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed, unless such license shall otherwise provide.
No license shall be granted to a person under 18 years of age.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
It is 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 1/2 hour before sunset of any day, or after the hour of 7:00 p.m. of any day, except upon the invitation of the householder or occupant.
It is 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. 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 be or she permit his or her car, wagon or vehicle to stand on any public highway within said distance of such school property.
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, garage or barn of any person, firm or corporation in the Town of Highland.
No peddler or solicitor will blow a horn, ring a bell or use any other noisy device to attract attention to his wares, or shout or cry out his wares.
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.
Any person who himself or by his Clerk, agent, servant or employee shall act as a peddler or solicitor, as herein defined, without a license, or who shall violate any of the provisions of this chapter, or who shall continue to act as a peddler or solicitor subsequent to the revocation of his license, shall be deemed to have committed an offense punishable by a fine not exceeding $250.
Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Code Enforcement Officer and shall be served either by certified mail or by an appearance citation to the court, of courts appropriate jurisdiction, including the court of the Town Justice.
Should there be a conflict or provision between this chapter and any other local or state rules, regulations, codes or laws the more restrictive shall apply.