[HISTORY: Adopted by the Town Board of the
Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014; amended in its entirety 10-5-2015 by L.L. No. 2-2015. Subsequent amendments noted where applicable.]
The purpose of this article is to encourage the establishment
of permanent retail establishments within the Town of Seneca Falls,
recognizing that such establishments require both a substantial initial
investment as well as a substantial continuing maintenance expense,
and to protect entrepreneurs willing to make such investments in the
community from the jeopardy represented by competitive entrepreneurs
operating in a transient, temporary, low-overhead manner within the
areas in which the Town seeks to encourage permanent establishment
of retail businesses, without unduly restricting commerce elsewhere
within the Town. The further purpose of this article is to prevent
congestion and unsafe conditions on the streets within the Town.
In the event that the provisions of this article are found to
be in conflict with any other related provisions of the Code of the
Town of Seneca Falls, the provisions of this article shall prevail
as fully as if the prior provisions were repealed herein.
A.
No peddler, vendor, hawker or huckster or other person shall permit any cart, wagon or vehicle owned, operated, driven or controlled by him or her to stand or remain stationary upon or within any of the following public places in the Town of Seneca Falls or any portions thereof, as are hereinafter set forth, for the purpose of selling or offering for sale therefrom, or from any pack or container, any goods, wares or merchandise of any kind to any person who, by reason of any violation of the foregoing prohibitions, shall stand or remain stationary within any such public place, whether on foot, or in a vehicle or otherwise, unless a permit is issued in accordance with § 213-5 of this article.
B.
The public places or portions thereof to which the foregoing provisions
shall apply are as follows: any parts or portions of the following
streets or on any streets intersecting said designated streets within
a distance of 500 feet:
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Bayard Street
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Bridge Street
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Cayuga Street
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Clinton Street (between Fall and Daniels)
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Fall Street
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Mynderse Street (between Fall and Daniels)
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Oak Street
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Ovid Street
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Rumsey Street
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State Street
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Walnut Street
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And the parking areas adjacent thereto and any public or private
off-street parking areas on or abutting said designated streets.
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C.
The Town Board may, by resolution, suspend the issuance of the permits
provided for by this article for a period not to exceed three days
to any vendor not under the aegis of an organized group whose activities,
in the Board's judgment, contribute to the promotion and betterment
of the Town.
The provisions of this article shall not apply to:
A.
No person, firm or corporation shall pursue or exercise any of the trades or occupations restricted by § 213-3A without first having obtained a permit therefor from the Town Clerk as set forth in § 213-10 of this chapter, and having paid the permit fee therefor, as set from time to time by resolution of the Town Board.
B.
There shall be no fee for solicitation of donations for religious
groups and other tax-exempt organizations, but registration of such
solicitors with the Town Clerk is mandatory.
C.
Any solicitor or peddler permit issued in accordance with this article
for the period of one year shall expire on December 31 of each and
every year. All present permit fees shall be prorated, and when present
permits are renewed on December 31, the licensee shall be given credit
for any payments in advance of said date.
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $500 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
The purpose of this article shall be to:
As used in this article, the following terms shall have the
meanings indicated:
Includes a building or store in which or where a person transacts
business and deals in goods, wares and merchandise he or she hawks,
peddles or solicits for during regular business hours on a daily basis.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barter or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or by telephone or stands in any street or public place taking
or offering to take orders for goods, wares or merchandise, books,
magazines, periodicals or any other item or items of value (except
newspapers or milk) or for services to be performed in the future
or for making, manufacturing or repairing any article or thing whatsoever
for future delivery. The term "solicitor" shall, however, also mean
and include any person taking or offering to take orders for goods,
wares or merchandise, books, magazines, periodicals or any other item
or items of value (except newspapers or milk) or for services to be
performed in the future or for making, manufacturing or repairing
any article or thing whatsoever for future delivery at the home or
residence of any person who has been solicited prior thereto by telephone
or has responded to any type of advertising media requiring an appointment
or consultation or sales presentation in the home or place of residence
of such person.
A.
Generally. Nothing in this article shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of any court.
(2)
Any sales by any person selling personal property at wholesale to
dealers in such articles.
(3)
Any sales by persons under the age of 18 years.
(4)
Peddling of meats, fish, fruit and farm produce by farmers and persons
who produce such commodities.
(5)
Vendors participating in a farmer's market or other special
event previously approved by the Town Board.
B.
Exempt organizations. Nonprofit organizations and persons working
for such organizations shall also be exempt. However, such organizations
shall register annually with the Town Clerk in the event that they
plan to engage in vending, hawking, peddling or soliciting and shall
indicate the type of activities to be undertaken and the time when
they will be performed. It shall be the responsibility of such organizations
to furnish identification for their representatives, which must be
exhibited upon demand.
C.
Interstate commerce. This article shall not apply so as to unlawfully
interfere with interstate commerce.
It shall be unlawful for any person within the limits of the
Town to act as a hawker, peddler or solicitor as herein defined or
assist the same without first having obtained and paid for and having
in force and effect a permit therefor.
A.
Any person desiring to procure a permit as herein provided shall
file with the Town Clerk a written application upon a form furnished
by the Town Clerk. Such application shall give:
(1)
The number and kind of vehicles to be used by the applicant in carrying
on the business for which the permit is desired and a copy of a valid
driver's license.
(2)
The kind of goods, wares and merchandise he or she desires to sell
or the kind of service he or she desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of applicant.
(5)
Authorization for a criminal background check.
(6)
The name and address of the person, firm or corporation he or she
represents.
(7)
The length of time the applicant desires the permit.
(8)
Such other information as may be required by the Town Board to substantiate
the above items.
B.
If applicable, such application shall be accompanied by a certificate
of the Sealer of Weights and Measures, certifying that all weighing
and measuring devices to be used by the applicant have been examined
and approved.
An application for a permit as a solicitor who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a cash deposit of $10,000 or a surety
company bond of $10,000 or other bond secured by sufficient collateral;
said bond to be approved by the Town Attorney as to form and surety,
conditioned for making a final delivery of the goods, wares or merchandise
ordered or services to be performed in accordance with the terms of
such order or, failing therein, that the advance payment on such order
be funded. Any person aggrieved by the action of any permitted solicitor
shall have the right, by action on the bond, for the recovery of money
or damages, or both. Such bond shall remain in full force and effect
and, in case of a cash deposit, such deposit shall be retained by
the Town for a period of 90 days after the expiration of any such
permit, unless sooner released by the Town Board.
A.
Town Clerk to issue or deny. Upon the filing of the complete application, bond and certificate as provided in the preceding sections, the Town Clerk shall, upon approval of such application, issue to the applicant a permit as provided in § 213-10.
B.
Appeal to Town Board. Any applicant who has been refused a permit
by the Town Clerk may apply to the Town Board therefor, and the same
may be granted or refused by the Town Board, except as prohibited
by Town Law § 137.
A permit shall not be assignable. Any holder of any permit who
permits it to be used by any other person and any person who uses
such permit granted to any other person shall each be guilty of a
violation.
Whenever a permit shall be lost or destroyed on the part of
the holder or his or her agent or employee, a duplicate in lieu thereof,
under the original application and bond, may be issued by the Town
Clerk upon the filing with him or her by the permittee of an affidavit
setting forth the circumstances of the loss and what, if any, search
has been made for its recovery.
All permits shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in the order
in which they are issued, and shall state clearly the kind of vehicle
to be used, the kind of goods, wares and merchandise to be sold or
service to be rendered, the number of each permit, the date of issuance
and expiration of the permit, the fee paid and the name and address
of the permittee.
Such permit shall be for such term as requested by the applicant
but not longer than six months and in any event shall expire not later
than the first day of January next succeeding.
Every permittee, while exercising his or her permit, shall carry
the permit with him or her and shall exhibit the same upon demand.
The permit fee for each person permitted as a hawker, peddler
or solicitor for a period of one day, one week or six months shall
be set from time to time by resolution of the Town Board. There shall
be no fee for solicitation of donations from religious groups and
other tax-exempt organizations, but registration of such solicitors
with the Town Clerk is mandatory.
A permit issued pursuant to this article may be revoked after
a public hearing as provided in Article 9 of the Town Law.
A.
Any owner or occupant of property located in the Town who wishes
to prohibit hawkers, peddlers or solicitors on the premises shall
complete a form available in the Town Clerk's office. The completion
of the form will allow the owner's/occupant's premises to
be included on a list of properties that do not permit solicitation
(hereinafter referred to as the "do-not-knock registry" or "registry").
B.
In order to be removed from the registry, the owner and/or occupant
must complete a form indicating that he or she does not want the property
to be included in the registry.
C.
Any owner or occupant who has requested enlistment on the do-not-knock
registry shall be able to purchase from the Town Clerk's office,
for a nominal fee, a sticker for display indicating enlistment on
the do-not-knock registry.
D.
All hawkers, peddlers and solicitors shall obtain the current do-not-knock registry at the time of issuance of a license or at the time of registration pursuant to the provisions of Article II of this chapter.
E.
The Town Clerk shall update the do-not-knock registry on January
1, April 1, July 1 and October 1 of each year, which updated registry
shall constitute the current do-not-knock registry. Copies of the
current do-not-knock registry shall be available at the office of
the Town Clerk.
A.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after the hour of 9:00 p.m. of any day except upon
the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor in plying his or
her trade to ring the bell 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 Peddlers,"
"No Solicitors," "No Agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
Hawkers, peddlers and solicitors shall not engage as such at any
premises identified on the current do-not-knock registry.
D.
No peddler or solicitor shall peddle, vend or sell his or her goods
or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall he or she permit
his or her cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
E.
No peddler or solicitor shall falsely or fraudulently misrepresent
the quantity, character or quality of any article offered for sale.
No person shall, by any trick or device or by any false representation,
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Town.
F.
No peddler or solicitor shall blow a horn, ring a bell or use any
other noisy device to attract public attention to his or her wares
or shout or cry out his or her wares.
G.
It shall be unlawful to create or maintain any booth or stand or
place any barrels, boxes, crates or other obstructions upon any street
or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
H.
No peddler or solicitor shall represent or state or otherwise indicate
that he or she is not intending to sell or otherwise enter into a
contract with any person in the household.
All orders taken by permitted solicitors who demand, accept
or receive payment or deposit of money in advance of final delivery
shall be in writing, made in duplicate, stating the terms thereof
and the amount paid in advance, and one copy shall be given to the
purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all
applications and of all permits granted under the provisions of this
article, giving the number and date of each permit, the fee paid and
the date of revocation of all permits revoked.
A violation of any provision of this article is hereby declared
to be a violation and shall be punishable by a fine not exceeding
$500 or imprisonment for not more than 15 days, or both.
