[HISTORY: Adopted by the Town Board of the Town of Poestenkill 6-2-1965 (Ch. 119 of
the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 128.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, in any public street or public place
or by going from house to house or place of business, on foot or on
or from any animal or vehicle standing in a street, sells or barters,
offers for sale or barter or carries or exposes for sale or barter
any goods, wares or merchandise, except milk, baked goods and newspapers.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
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,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for present or 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." 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.[1]
Nothing in this chapter shall be held to apply to any sales
conducted pursuant to statute or by order of any court, to any person
selling personal property at wholesale to dealers in such articles,
to farmers and truck gardeners who themselves or through their employees
vend, sell or dispose of produce of their own farms and gardens, to
dealers of heating fuel oil, to any honorably discharged soldier,
sailor, marine or airman who has procured a license as provided by
the General Business Law of the State of New York; nor shall it apply
to any person collecting for any charitable institution or organization,
nor to any person engaged in the business of selling or servicing
policies of life or casualty insurance, nor to merchants having an
established place of business within the Town. The chapter shall also
not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person within the limits of the
Town of Poestenkill to act as a hawker, peddler or solicitor, as herein
defined, without first having obtained and paid for, and having in
force and effect, a license therefor.
Every applicant for a license is required to submit to the Town
Clerk a written application supplying under affidavit the following
information: that he is a citizen of the United States; if he has
ever been convicted of a felony or misdemeanor; state in detail the
particular business, trade or occupation for which the license is
required; the manner of means of conveyance in which said business
or trade shall be conducted; the locality within which it is desired
to carry on or engage in said trade, business or occupation; and the
name of the person or persons or place of business of any such corporation
and the name of the officer in the case of a corporation upon whom
process or other legal notice may be served.
B.
Except as hereinafter provided, no license shall be refused except
for a specific reason and for the protection of the public safety,
health, morals or general welfare.
C.
A license shall not be assignable, and unauthorized use thereof,
either by a holder of such license or by any other person, shall be
deemed to be a violation of this chapter.
[Amended 2-19-2003 by L.L. No. 1-2003]
The license fee to hawkers, peddlers or solicitors shall be
as established by the Town Board pursuant to Local Law No. 1 of the
Year 2003.[1]
The Supervisor may, at any time, for a violation of this chapter
or any other ordinance or any law, revoke any license. When a license
is revoked, no refund of any unearned portion of the license fee shall
be made. Notice of such revocation and the reason or reasons therefor,
in writing, shall be served by the Supervisor upon the person named
in the application or by mailing the same to the address given in
the application, and a copy of such notice shall be filed with the
Town Clerk.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quality or quantity
of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him to stand in one place
in any public street or place for more than 10 minutes or in front
of any premises for any time if the owner of or lessee of the ground
floor thereof objects.
D.
Not sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E.
Not permit any vehicle used by him to stop or remain on any crosswalk.
F.
Not act as hawker, peddler or solicitor as herein defined between
the hours of 9:00 p.m. to 8:00 a.m.
It shall be the duty of the Town Clerk to keep a record of all
applications and of all licenses granted under the provisions of this
chapter, giving the number and date of each license, the name and
residence of the person licensed, the amount of the license fee paid
and also the date of revocation of all licenses revoked.
[Amended 4-10-1986 by L.L. No. 1-1986]
Any person who, himself or by his clerk or employee, shall act
as a hawker, peddler or solicitor, as defined herein, without a license
or shall violate any of the provisions of this chapter or who, upon
having had his license revoked, shall continue to act as a hawker,
peddler or solicitor shall, upon conviction, be punished by a fine
of not more than $250 or imprisonment for not more than 15 days, or
both, and each day on which such violation continues shall constitute
a separate offense.
