The intent of these regulations is to protect the peaceful enjoyment
of the residents of Ledgeview in their residence and throughout the
community and to protect residents from commercial fraud whenever
possible. The Town Board recognizes that constitutional limitations
restrict extensive and broad prohibitions against direct sales and
solicitations, but it believes that reasonable regulations are essential
to promote privacy among Town residents given that door-to-door type
activities as contemplated herein are not traditional public forums.
When used in this chapter, the following terms shall have the
following meanings:
CHARITABLE ORGANIZATION
An organization that is described in Section 501(c)(3) of
the Internal Revenue Code and that is exempt from taxation under Section
501 of the Internal Revenue Code or any person or organization who
is or purports to be established for a purpose described in Section
501(c)(3) of the Internal Revenue Code or any benevolent, educational,
philanthropic, humane, scientific, patriotic, social welfare or advocacy,
public health, environmental conservation, civil or other eleemosynary
objective.
DIRECT SELLER
Any individual who, for himself/herself, or for a partnership,
association or corporation, sells goods or services or takes sales
orders for the later delivery of goods or services, at any location
other than the permanent business place or residence of said individual,
partnership, association or corporation and shall include, but not
be limited to, peddlers, solicitors and transient merchants. The sale
of goods or services includes donations required by the direct seller
for the retention of goods or services by a donor or prospective customer.
GOODS
Includes personal property of any kind, and shall include
goods provided incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller who operates an established business in this
Town from a permanent location.
SERVICES
The performance of a duty or labor for the benefit of another
and shall include services provided incidental to goods offered or
sold.
SOLICITOR
Any individual who, for himself or herself, or for a partnership,
association or corporation, conducts or participates in any drive
or campaign to obtain contributions of money, time, support or personal
property of any kind or value.
It shall be unlawful for any person to engage in direct sales
or solicitation within the Town of Ledgeview without first obtaining
a permit for that purpose and comply with the provisions of this chapter
as provided herein.
The Town Clerk shall note any violation on the record of the
individual and shall report any such conviction to the Town Board
and to the partnership, association or corporation on whose behalf
the individual represents.
No individual whose registration has been revoked shall make
further application until a period of six months shall have elapsed
since the date of the last previous revocation by the Town Board or
as determined on appeal.