[HISTORY: Adopted by the Town Board of the Town of Pompey 8-2-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
The purpose of this chapter is to protect the residents of the Town of Pompey from the fraudulent and criminal practices of unscrupulous persons posing as hawkers, peddlers, or solicitors engaged in lawful business.
As used in this chapter, the following terms shall have the meanings indicated:
- One who requests or attempts to induce or persuade any person to support a particular charitable, educational, civic, patriotic, political, benevolent, religious or philanthropic project or cause, without the prior consent of such person, by personally interviewing or attempting to personally interview such person in a public place or at his or her personal residence.
- ESTABLISHED BUSINESS
- A person, firm or corporation which carries on its business from a property or a structure located in the Town of Pompey, either owned or leased for a period greater than six weeks by said person, firm or corporation.
- HAWKER or PEDDLER
- One who sells tangible commodities from house to house, or on the street, or in any public place, whose sales are not made from one established location which is privately owned or rented, and who makes delivery at the time of sale. Whether or not the purchase price is collected at the same time is immaterial for the purposes of this chapter.
- LOCAL ORGANIZATION
- Any autonomous body of persons (whether incorporated or not) established and primarily operating within the Town of Pompey for any lawful noncommercial purpose or cause, including but not limited to any charitable, civic, benevolent, educational, religious, scientific, literary or cultural purpose or cause.
- One who takes orders for future deliveries or for intangible services or solicits subscriptions or invites, requests or attempts to induce or persuade any person to contribute any money or thing of value in public places or via door to door. This does not include or apply to one who solicits orders or funds from an established business, via telephone, or on their own private property.
The following are exempt from the provisions in this chapter:
Peddling of farm produce by farmers and persons who produce such goods or employees of said producer.
Delivery or sale of newspapers.
A local organization's legitimate fund-raising.
Apple picking and sales.
Flower and plant sales.
A charitable organization's legitimate fund-raising.
A school student's fund-raising.
Officers or employees of state or federal government, or any subdivisions thereof, who are acting pursuant to official government business.
Persons who will solicit solely for or on behalf of religious purposes and not for personal pecuniary benefit.
Any other exemption allowed by state or federal law.
It shall be unlawful for any person within the Town of Pompey to act as a hawker, peddler or solicitor without first having obtained and paid for a license. Every licensee, while plying his trade, shall carry the license with him and shall display it upon demand to any police officer, Town Constable or citizen.
Any person acting solely as a canvasser shall not be required to obtain a license as provided for in Subsection A above. Any person acting as a canvasser who will also engage in any act or activities falling within the definition of a "hawker," "peddler" or "solicitor" as defined above shall be required to obtain a license pursuant to Subsection A unless said person is exempt under § 138-3 above.
Any person desiring to conduct the business of a peddler, hawker or solicitor within the Town shall first file a written application for a license to conduct such business with the Town Clerk. Such application shall be on a form provided by the Town.
The fee for said license shall be $50 for a twelve-month period, plus any disbursements incurred by the Town Clerk for processing the application.
Within three weeks of the receipt of the application and payment of the fee, the Town Clerk shall issue a license to the applicant. A license shall not be assignable.
No license shall be granted if:
The applicant is under 18 years of age;
The applicant has been convicted of a felony or misdemeanor involving fraud or moral turpitude or registered as a sex offender within the seven years preceding the filing of the application;
The applicant has failed to obtain any necessary licenses, permits or registrations to engage in the business, trade, profession, services or activities described in the application;
There is substantial evidence that the applicant will conduct his business in a manner likely to constitute a breach of the peace or to threaten the health, safety or general welfare of the public;
Any statement or information in the application is materially false, unless the applicant can demonstrate that such falsehood was the result of excusable neglect;
The application is incomplete and/or the applicant has failed to pay the required fee; or
The applicant has previously been refused a license or has had one revoked, unless he can show that the reason for the prior refusal or revocation no longer exists.
Renewal of a license must be commenced at least 60 days before the expiration of the existing license. A renewal form will be supplied by the Town Clerk, who shall also collect the renewal fee of $25. A renewal shall be for a period of 12 months.
A license issued pursuant to this chapter may be revoked, after notice to the licensee and hearing held by the Town Board, for good cause shown, which shall include but not be limited to a violation of any federal, state or local law or ordinance or for any reason listed in § 138-6 above.
Notice of said hearing shall be in writing and mailed to the licensee at the address given on the application form. The notice shall also include the reason(s) for the revocation.
It shall be the duty of the Town Clerk to keep a record of all applications, licenses granted, revocations, notice or revocation hearings and any other documents the Town Board may deem necessary.
Any person who shall act as a hawker, peddler or solicitor without a license or after his license was revoked shall be in violation of this chapter. Upon conviction of said violation, he shall be punished by a fine not to exceed $250 or by imprisonment for up to 15 days, or both. Each day on which such violation occurs or continues shall constitute a separate violation.