A. 
It shall be unlawful for any person 18 years of age or older to engage in peddling or soliciting activities within the City without first obtaining a permit issued by the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
B. 
It shall be unlawful for any person to suffer or permit a person less than 18 years of age to engage in peddling or soliciting activities within the City without first obtaining a permit issued by the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
C. 
A person representing a business, organization, group or enterprise may apply for such permit on behalf of others who are actually involved in peddling and soliciting activities.
D. 
Any person conducting peddling or soliciting activities in the City of Fulton must first have obtained an appropriate permit, whether obtained from a representative or obtained by the peddler/solicitor himself/herself.
E. 
This chapter shall not apply to the sales of property to dealers or wholesalers in the ordinary course of such business, or to drug retail salespersons calling on physicians, pharmacists, veterinarians or hospitals, nor shall this chapter apply to peddling and soliciting conducted by an existing business or enterprise when such activities are consistent with and in the ordinary course of the primary activities of the business or enterprise and only when such activities are conducted immediately adjacent to the primary business location.
F. 
This chapter shall not apply to persons soliciting signatures upon political petitions when conducted pursuant to New York State Election Law, except that such solicitors must comply with any signs at a residence that indicate that such political solicitations are prohibited.
G. 
This chapter shall not apply to persons soliciting information when such information is pursuant to a legislative mandate such as the census, dog enumerations, and the like.
[Amended 9-3-2002 by L.L. No. 13-2002]
H. 
This chapter shall not be construed as to require a permit for a charitable or nonprofit organization when soliciting for fund-raising activities (i.e., car washes, cookie sales) in public places.
[Amended 9-3-2002 by L.L. No. 13-2002]
I. 
This chapter shall not be construed as to require a permit for farmers or gardeners who, themselves or through their employees, vend, sell or dispose of the products of farms or gardens owned or occupied by them.
[Amended 9-3-2002 by L.L. No. 13-2002]
J. 
This chapter shall not be construed as to require a permit for casual crafters or artists who, themselves or through family members, vend, sell or dispose of products made by them, provided that such products are not produced by mass production (use of machinery or through the work of multiple persons).
[Amended 9-3-2002 by L.L. No. 13-2002]
A. 
No person under the age of 18 shall be permitted to engage in peddling or soliciting activities except as provided in this section.
B. 
A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or soliciting activities involving, in whole or in part, a sales force of one or more persons under 18 years of age.
C. 
The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling or soliciting under the sponsor's permit.
D. 
This section shall not be construed as to require a permit for a charitable or nonprofit organization when soliciting for fund-raising activities (i.e., car washes, cookie sales) in public places.
E. 
A special application may be made by a school, group or organization, regularly engaged in fund-raising activities throughout the year for charitable, nonprofit, sports or educational purposes, for an annual permit. Such permit will be without fee. Each such applicant for a school, group or organization, upon approval of an annual permit, will be provided with notice of the provisions of the Peddling and Soliciting Law concerning the regulations as set forth in §§ 460-11 through 460-15 of this chapter and shall disseminate such information to persons engaging in peddling and soliciting under the permit. The City does not endorse the practice of juveniles soliciting persons unknown to them, nor does the City endorse the practice of juveniles engaging in peddling/soliciting by themselves.
[Added 9-3-2002 by L.L. No. 13-2002]
A. 
Every person subject to the provisions of this chapter, or an appropriate representative acting on their behalf, shall file, in person, with the office of the Clerk/Chamberlain an application, in writing, on a form furnished by that office, at least three business days in advance of the beginning of soliciting or peddling activities in the City, which shall provide the following information:
[Amended 9-3-2002 by L.L. No. 13-2002; 12-1-2009 by L.L. No. 6-2009]
(1) 
Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, or other legally recognized form of identification, along with appropriate identification to include name, address and date of birth for all persons to be included under the same application and permit.
(2) 
A brief description of the business or activity to be conducted, as well as the requested location where it will be conducted.
(3) 
The hours, location and number of points of sale, if applicable, for which the permit to engage in peddling or soliciting is desired.
(4) 
A listing of all vehicles to be used in the peddling or soliciting activities.
(5) 
Proof of financial security in the amount of $1,000,000, naming the City of Fulton as an additional insured, in the event such peddling or soliciting activities are to be conducted on City of Fulton property, except that this subsection shall not apply to charitable or nonprofit organizations.
(6) 
If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal as the case may be.
(7) 
A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or local law violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details.
(8) 
New York sales tax number or proof of exemption from the collection of New York sales tax.
(9) 
Proof of possession of any license or permit which the applicant is required to have under federal, state, county or local law in order to conduct the proposed business.
(10) 
An acknowledgment of the applicant's familiarity with the New York State Personal Property Law, including Article 10-A, known as the "Door-to-Door Sales Protection Act," including the buyer's right to cancel a door-to-door sale until 12:00 midnight of the third business day after the day on which the buyer has signed an agreement or offer to purchase relating to such sale.
(11) 
If any individual product or service is to be offered for sale at a price in excess of $25, a copy of the receipt or contract to be used by the applicant in any door-to-door sale.
(12) 
An acknowledgment that the applicant is aware of and understands regulations set forth in this chapter and when peddling or soliciting is prohibited.
B. 
In the event an application is made less than three days in advance of the beginning of peddling or soliciting activities in the City, the permit fee will be double the normal fee.
A. 
At the time the permit application is filed with the office of the Clerk/Chamberlain, the applicant shall pay a fee as set forth in Chapter A700 of this Code.
[Amended 12-1-2009 by L.L. No. 6-2009]
B. 
In the event an application is made less than three days in advance of the beginning of peddling or soliciting activities in the City, the permit fee will be double the normal fee. In the event a no-fee permit application is submitted less than three days in advance of the beginning of peddling or soliciting activities, the City reserves the right to delay the issuance or denial of such permit for three business days.
A. 
Upon receipt of an application, the Clerk/Chamberlain, or the Clerk/Chamberlain's authorized representative, shall review the application and forward same to the Chief of Police and Mayor. The application will be reviewed so as to ensure the protection of the public health, safety and general welfare of the public. If the application is found to be satisfactory by the Chief of Police and Mayor, the Clerk/Chamberlain shall, ensuring receipt of the permit fee, issue the permit to the applicant.
[Amended 12-1-2009 by L.L. No. 6-2009]
B. 
A permit issued pursuant to this chapter is not transferable to any other person or entity. Further, any permit that is specifically issued to a particular vehicle, pushcart or other unit is not transferable to any other vehicle, pushcart or other unit.
C. 
The Mayor is hereby authorized, in the interests of the public welfare, to limit the issuance of the number of permits for peddling or soliciting in any particular public place(s) and to designate the specific locations for vendor activity in any public place(s).
[Added 9-3-2002 by L.L. No. 13-2002]
D. 
The Mayor is hereby authorized, in the interests of the public welfare, to designate the specific locations for peddling and soliciting by any particular vendor.
[Added 9-3-2002 by L.L. No. 13-2002]
[Amended 12-1-2009 by L.L. No. 6-2009]
Upon review of the application, the Clerk/Chamberlain may refuse to issue a permit to the applicant for either of the following reasons:
A. 
If the application is incomplete;
B. 
If the information provides a reasonable basis for determining that the public health, safety, and welfare will be threatened by issuance of a permit to the applicant;
C. 
If there are misrepresentations in the application, or if any fraud or deceit is identified within the application, or if fraud or deception has been identified in the practices of the applicant, organization or agent thereof;
D. 
Failure to comply with any law concerning soliciting, peddling or consumer sales, including but not limited to § 349 of the General Business Law of the State of New York;
E. 
Sale or offering for sale of illegal merchandise; or
F. 
Employment of a felon or wanted person.
Any annual permit issued pursuant to this article shall be for a term of one year from date of issuance. If suspended and/or revoked, the fee for the unused portion of the license fee will be refunded on a pro rata basis.
[Amended 12-1-2009 by L.L. No. 6-2009]
At the same time the permit is issued, the Clerk/Chamberlain shall issue to each permittee a copy of the permit or other indicia as may be determined and provided by the Chief of Police, which shall be carried by the permittee and produced upon demand of any buyer, prospective buyer, or any police officer, code enforcement officer or other public servant of the City of Fulton at all times while the permittee is soliciting or peddling in the City.