[HISTORY: Adopted by the Common Council of
the City of Middletown 3-14-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fortune-telling — See Ch. 275.
Junkyards and junk dealers — See Ch. 306.
Littering — See Ch. 319.
Noise — See Ch. 332.
Parades and motorcades — See Ch. 344.
Public market — See Ch. 364.
Sales — See Ch. 384.
[1]
Editor's Note: The resolution adopted this date also superseded
former Ch. 353, Peddling and Soliciting, which consisted of Art. I,
Solicitors, adopted 3-28-1955 (Ch. 95, Art. I of the 1971 Code), as
amended; and Art. II, Street Vendors, adopted 1-20-2003 (Ch. 95, Art.
II of the 1971 Code), as amended.
As used in this chapter, the following terms shall have the
meanings ascribed to them:
Includes any person, either principal or agent, who from
any vehicle or any public street or public place or by going from
house to house, place to place or building to building, on foot or
from a vehicle, sells or barters or offers for sale or barter or carries
or exposes for sale or barter any goods, wares, services or merchandise.
For the purpose of this chapter, the following terms shall be considered
synonymous with "hawker" or "peddler": itinerant merchant, transient
vendor, purveyor and door-to-door salesman.
A person to whom a license has been issued pursuant to this
chapter.
Any public street, road, highway, or sidewalk in the City
of Middletown and any publicly owned land adjacent to and abutting
any public street, road, highway, or sidewalk in the City of Middletown.
Includes any person who goes from house to house, place to
place or building to building, taking or offering to take orders for
trade, goods, wares, services or merchandise.
Includes any automobile, truck, wagon or cart, either propelled
by hand, motor power or animals, or any other means of transportation
of commodities or locomotion.
A.
No person shall be a hawker, peddler or solicitor, and no person
shall sell, hawk, peddle or solicit any property, article of merchandise
or service on any public way, nor shall any person travel from house
to house, place to place or building to building in any section of
the City, either on foot or with a vehicle, carrying and selling or
offering for sale any property, article of merchandise or service
without first obtaining a license therefor as hereinafter provided;
but nothing herein contained shall apply to:
(1)
Sales made to merchants for retail trade;
(2)
Sales made to any person of farm produce if such farm produce is
peddled and sold by the producer thereof or his or her agents or employees
or to persons selling newspapers or periodicals. The term "farm produce"
shall not include nursery stock, potted plants or cut flowers; or
(3)
Legitimate fundraising programs conducted by local not-for-profit,
civic or religious organizations.
(4)
Events or programs sponsored by the City of Middletown.
[Added 3-3-2020]
B.
In no event shall any license be granted to any hawker, peddler or
solicitor to sell merchandise, wares or other goods to any spectator
at or any participant in any parade in the City of Middletown or along
the route of any parade in the City of Middletown, it being the determination
of the Common Council of the City of Middletown that the presence
of hawkers, peddlers and solicitors at parades in the City of Middletown
poses a threat to the health, safety and welfare of participants in
and spectators at parades in the City of Middletown.
C.
The following persons or organizations shall be required to register
with the City Clerk but shall not be required to obtain a license
or to pay any registration fee:
(1)
Merchants or solicitors having an established place of business within
the City or their employees while acting within the scope of their
employment.
(2)
Enterprises or solicitors from whom the requiring of a license and
fee would constitute interference with interstate commerce.
(3)
Religious and charitable institutions and organizations.
D.
In no event shall any license be granted to any hawker, peddler or
solicitor to sell foods or food products. This subsection shall not
apply to ice cream vendors whose goods are limited to ice cream products.
[Added 3-3-2020]
A.
Applicants for a license hereunder shall file with the City Clerk
a verified application sworn or affirmed before a notary public, in
duplicate, upon a form supplied by the City Clerk, which shall contain
at a minimum the following:
(1)
The applicant's name, legal address and telephone number.
(2)
The applicant's place of residence for the past five years.
(3)
The applicant's business or employer for the past five years.
(4)
The applicant's age, height, weight, eye color, hair color and
place and date of birth.
(5)
Two full-face photographs of the applicant taken within at least
30 days of the application and measuring at least 1 1/2 inches
by 1 1/2 inches.
(6)
Whether or not the applicant has ever been convicted of a felony,
misdemeanor or violation of any municipal ordinance, except traffic
violations, and, if so, the date, court, ordinance violated and sentence
of the court.
(7)
Whether the applicant has been licensed previously in any occupation
and if so, when, where and for what periods; and if such previous
license was ever revoked, the date of revocation and the reason thereof.
(8)
Fingerprints.
(9)
The name and address of the person, firm or corporation the applicant
represents or is employed by.
(10)
The particular business, trade or occupation for which the license
is requested, including a brief description of the nature of the business
and the kinds of goods or services to be peddled, hawked or solicited.
(11)
The manner or means of conveyance in which said business or
trade or occupation shall be conducted.
(13)
If the applicant requires the use of weighing and/or measuring
devices, such application shall be accompanied by a certificate, not
more than six months old, from the Orange County Sealer of Weights
and Measures certifying that all weights and measuring devices to
be used by the applicant have been examined and approved.
(14)
If the application involves the use of a motorized vehicle,
proof that:
(a)
The applicant holds a valid state driver's license.
(b)
Such vehicle has a valid state motor vehicle registration.
(c)
The applicant's vehicle is insured in accordance with the
requirements of New York State law and this chapter; a description
of the vehicle, including size, name and means of locomotion. The
insurance must provide for coverage in at least the following amounts:
[1]
For death or injuries to any one person, at least $250,000.
[2]
For death or injuries arising out of any one accident, at least
$500,000.
[3]
For property damage limits, at least $100,000.
[4]
All such insurance policies shall name the City of Middletown
as an additional insured and must require that the City be notified
in the event of any changes in such policies, which changes include,
but are not limited to, cancellation of the policies and changes in
the policy limits.
(16)
Proof that the applicant holds a New York State sales tax identification
number.
B.
In the event that any other license or permit shall be required by
any other governmental agency in connection with applicant's
business, the same shall be produced by the applicant and the City
Clerk shall duly note the same.
C.
Any change in circumstances with regard to the information provided
in the application on the license shall be reported to the City Clerk
within 30 days.
A.
The application, accompanied by all required information and nonrefundable
application fee and costs, in the amounts set forth in this chapter,
as the same may be changed from time to time, shall be submitted to
the City Clerk.
B.
Upon receipt of such application, the City Clerk shall refer the
same to the City of Middletown Police Department for such investigation
of the applicant to be made as it deems necessary for the protection
of the public good. The City of Middletown Police Department shall
submit the applicant's fingerprints along with applicable processing
fees to the State of New York Division of Criminal Justice Services
for a criminal history record, which will be received and reviewed
by the City of Middletown Police Chief or his designee. By submitting
an application, the applicant shall be deemed to consent to such investigation
and to the issuance of such criminal history record to the City of
Middletown Police Department.
C.
If such investigation shall prove the applicant to have been convicted
of any felony, or any misdemeanor, except a misdemeanor defined in
the New York State Environmental Conservation Law or the New York
State Vehicle and Traffic Law, the conviction shall disqualify the
applicant from obtaining a license unless such a disability has been
removed as provided in the New York State Correction Law.
D.
If, as a result of such investigation of the applicant, no police
record is found, the Police Department shall attach a statement to
the application that it has no police record of the applicant and
shall return the application to the City Clerk. If, in the judgment
of the Chief of Police or his or her designee, the application should
be denied, the Chief of Police or his or her designee shall report
to the City Clerk the reasons why such application should be denied.
E.
The City Clerk may refuse to issue the license if, in the judgment
of the City Clerk and after review of the applicant's application,
either the convictions render the applicant unfit or undesirable to
carry on the trade or occupation involved, or the applicant shall
be an undesirable person or incapable of properly conducting the trade
or occupation involved in a way that is not detrimental to the health,
safety and general welfare of the citizens of the City of Middletown.
No license shall be granted to a person under 18 years of age, and
no license shall be issued to a person who has been refused a license
within the past 12 months or who has had a license revoked within
the past 24 months, unless he or she can show that the reasons for
such rejection or revocation no longer exist.
F.
Denial of application; appeal.
(1)
Upon the denial of an application, the aggrieved party may, within
10 business days after receiving written notice, file a request, in
writing, upon the Mayor of the City of Middletown for review of said
decision. Failure to file within such ten-day period shall be deemed
a waiver of the aggrieved party's right to file an appeal.
(2)
Upon receipt of such request, the Mayor shall designate a hearing
officer who shall set a time and place for a hearing. The aggrieved
party shall have the option of whether such hearing shall be public
or private. Both the aggrieved party and the City Clerk shall be given
an opportunity to present evidence in support of their respective
claims.
(3)
Upon consideration of the evidence presented, the hearing officer
shall sustain, modify or vacate the decision of the City Clerk. If
the aggrieved party is not satisfied with the decision of the hearing
officer, he or she may file a proceeding under Article 78 of the New
York Civil Practice Law and Rules.
G.
Such license shall contain the following:
(1)
The name, address and photograph of the licensee.
(2)
The kind of goods or services to be peddled or solicited thereunder.
(3)
The amount of fee paid.
(4)
The peddler's or solicitor's license number.
(5)
The date of issuance and the date of expiration of such license.
(6)
The type of license (i.e., on foot or by vehicle).
(7)
The state license plate number of the vehicle if for a vehicle permit
and the name, address and telephone number of the company providing
insurance for such vehicle.
(8)
The seal of the City of Middletown.
(9)
The signature of the City Clerk or authorized deputy.
H.
The City Clerk shall keep a record of all licenses issued, and a
list of such licensed peddlers shall be filed with the City of Middletown
Police Department.
A.
B.
License fees and costs shall be collected by the City Clerk or the
City Treasurer at the time of the application and are not refundable,
nor are they to be prorated or abated.
C.
The amount of fees and costs may be changed from time to time by
action of the Common Council of the City.
All annual licenses issued hereunder shall terminate on the
30th day of April next succeeding the issuance thereof. All semiannual
licenses shall terminate six months from the date of issuance thereof.
License renewal applications shall be made in person to the City Clerk, who shall issue the same in accordance with the terms of this chapter. The City Clerk, before issuing a renewal of an existing license, shall request the Chief of Police of the City to investigate whether the applicant is of good character and repute and if there has been any change in circumstances involving the applicant from the date of the issuance of the previous license. The Chief of Police shall furnish to the City Clerk, in writing, the information derived from such investigation, together with a recommendation as to whether the renewal should be granted or refused. The criminal history record as provided for in § 353-4B and the fingerprints required pursuant to § 353-3A(8) shall be valid for one year from the date thereof. All other requirements under § 353-3 must be met.
No license issued under the provisions of this chapter may be
used or displayed at any time by any person other than the person
to whom the license is issued and whose name and picture appear on
the license.
A.
Each licensee shall carry on his or her person the original or a
certified copy of all licenses issued by the City Clerk at all times
while the licensee is engaged in peddling or soliciting, and shall
exhibit the same to any City official or police officer upon request.
All weighing and measuring devices used by licensees shall be
attached to a fixed standard suspended from the vehicle or conveyance
used by such peddler or solicitor, in order to ensure the accuracy
of such device.
A person licensed under the provision of this chapter and using
a vehicle shall place upon either side of the body of such vehicle
the words "licensed vendor" together with the number of such license.
Signs may be painted on or affixed to the licensee's vehicle,
provided they do not exceed the dimensions of the vehicle on which
they are placed and that such vehicle can be driven with the sign
affixed. The use of other moveable, portable or freestanding signs
is prohibited.
[1]
Editor's Note: Former § 353-12, Use of vehicle to vend
food, was repealed 3-3-2020.
It shall be unlawful for any person to peddle, sell or vend
any item in or on any public way that is hazardous or injurious to
the health, safety and well-being of another person.
No person shall stop, either on foot or with any vehicle, in
or on any public way for the purpose of vending any goods or merchandise
longer than while actually engaged in selling at any one time.
A.
In order to relieve the congested condition of pedestrian and vehicular
traffic on the streets hereinafter mentioned, hawking, peddling and
soliciting are prohibited at all times on the following streets:
(1)
Within 50 feet of any intersection or pedestrian crosswalk.
(2)
Within 50 feet of any driveway, loading zone or bus stop.
(3)
Within 50 feet of another street vendor location assigned to another
vendor.
(4)
Against display windows of fixed-location businesses.
(5)
Any area within 300 feet of a hospital, college or school.
(6)
Within 100 feet of any fire hydrant or fire escape.
(7)
Within 50 feet of any parking space or access ramp designated for
persons with disabilities or handicaps.
B.
It shall be unlawful for any peddler or solicitor to peddle, hawk,
vend, solicit or sell his or her goods, services or wares within 250
feet of any church, synagogue or place of worship during services
or any place occupied as a public or private school or college or
for school or college purposes while in session, nor shall be or she
permit his or her cart, wagon or vehicle to stand on any public highway
within said distance of any such school or college property while
in session.
C.
No licensee who is licensed by the City pursuant to this chapter
shall hawk, peddle or solicit on privately owned lands unless specifically
authorized by the Common Council, in its sole discretion, to do so
for an event such as a flea market, carnival, circus, community day
or any similar event or activity.
D.
It shall be unlawful for any licensee in plying his or her trade
to enter upon any premises or property, or to ring the doorbell 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 peddler," "no solicitors," "no agents"
or other wording the purpose of which purports to prohibit peddling,
hawking or soliciting on the premises. This section does not apply
to political activities or other activities protected by the United
States Constitution or federal law.
E.
It shall be unlawful for any licensee in plying his or her trade
to enter property on which there exists an apartment, condominium,
cooperative or multiple-residence complex or a shopping complex to
hawk, peddle or solicit on foot without the permission of the owner
of such property to do so.
F.
It shall be unlawful for any licensee to ply his or her trade in
any park of the City, unless a permit has been granted for such activity
by the Common Council in its sole discretion.
G.
It shall be unlawful for any licensee to ply his or her trade before
the hours of 9:00 a.m. and after the hours of 5:00 p.m. unless the
hours are extended by the City Clerk for reasonable cause.
H.
It shall be unlawful for any licensee to:
(1)
Unduly obstruct pedestrian or motor vehicle traffic flow;
(2)
Obstruct traffic signals or regulatory signs;
(3)
Stop, stand or park any vehicle or other conveyance upon any street
during the hours when parking, stopping or standing has been prohibited
by signs or curb markings;
(4)
Operate or sound any loudspeaker, public address system, radio, sound
amplifier or similar device in violation of any provision of any noise
ordinance or regulation of the City of Middletown; or
(5)
Conduct his or her business in such a way as would restrict or interfere
with the ingress or egress of the abutting property owner or tenant,
create a nuisance, increase traffic congestion or delay, constitute
a hazard to traffic, life or property, or obstruct access to emergency
and sanitation vehicles.
A.
The carrying or wearing of any board or frame having thereon any
sign or advertising matter and attached to or suspended from the body
of any person upon any public way for the purpose of hawking, peddling
or soliciting is hereby prohibited.
B.
No licensee shall display merchandise of goods for sale other than
on his or her person or in the vehicle for which he or she is licensed
pursuant to this chapter. Displays of merchandise on the ground or
on moveable structures or stands outside the licensee's vehicle
are prohibited.
C.
Only one awning or umbrella which is mounted on a vehicle licensed
pursuant to this article is permitted per vehicle.
A.
A license issued under this chapter may be suspended or revoked by the City Clerk after notice and hearing, if requested pursuant to the requirements of Subsection B herein, for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business as peddler, hawker, or solicitor.
(3)
Any violation of this chapter, whether or not such violation is the
subject of a court proceeding.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling, hawking or soliciting in an
unlawful manner or in such manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
(6)
Any violation of any other law or ordinance relating to the conduct
of the business, the condition of the equipment utilized, the articles
sold or the license required.
B.
Notice of the proposed suspension or revocation of the license shall
be made, in writing, to the licensee by the City Clerk, setting forth
the grounds relied upon. Such notice shall be mailed, postage prepaid,
to the licensee at his or her known address, as contained in the application
for the license, at least seven calendar days prior to the effective
date of the suspension or revocation. Said notice shall include a
hearing request form which must be completed and filed with the City
Clerk at least two days before the effective date of the suspension
or revocation. If a hearing is requested, the hearing shall be held
by the Mayor or by a hearing officer designated by the Mayor, at a
time and place set by the Mayor or the hearing officer. The licensee
shall have the option of whether such hearing shall be public or private.
Both the licensee and the City Clerk shall be given an opportunity
to present evidence at the hearing. Said hearing shall afford the
licensee an opportunity to be heard with regard to the grounds for
suspension or revocation but shall be conducted on an informal basis,
and compliance with technical rules of evidence shall not be required.
The hearing shall be conducted expeditiously. If the hearing is held
after the proposed effective date of suspension or revocation or a
decision has not been rendered by the proposed effective date of suspension
or revocation, the license shall remain valid until a written decision
is rendered by the Mayor or hearing officer suspending or revoking
the license. The decision shall be mailed to the licensee. A decision
suspending the license shall set forth the effective date of the suspension
and the period of time for which the license is suspended. A decision
revoking the license shall set forth the effective date of revocation
of the license if different from the original notice to the licensee.
Failure by the licensee to request a hearing or to appear at a requested
hearing after notice has been given in accordance with the provisions
of this section shall be deemed a waiver of the licensee's right
to a hearing and shall result in suspension or revocation of the license
as of the effective date set forth in the notice to the licensee.
If the licensee is not satisfied with the decision of the Mayor or
the hearing officer, he or she may file an Article 78 proceeding under
the New York Civil Practice Law and Rules.
C.
A person, business or corporation who has had a license revoked pursuant
to this section shall not be considered for a new hawking, peddling
or solicitor's license in the City of Middletown for two years
subsequent to the date of revocation of the license.
Any person violating any provision of this chapter shall be
guilty of a violation and shall be punishable by a fine of not more
than $250 or by imprisonment not exceeding 15 days, or by both such
fine and imprisonment. The continuance of an offense for each twenty-four-hour
period shall be deemed a distinct and separate violation.
