[HISTORY: Adopted by the Town Board of the Town of Eaton 12-29-2011 by L.L. No.
1-2012. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings respectively ascribed to them in this section:
A building affixed to a parcel of land within the Town of
Eaton in which, or from where, a person lawfully transacts business
involving the sale or purchase of goods, services and/or interests
in real property at or from that location.
An estate, interest or title in land and all rights and benefits
arising from such estate, interest or title, including but not limited
to any type of fee title, easements, licenses, mineral rights, timber
rights, water rights, surface rights and any other correlative rights
associated with any estate, interest or title in land.
Goods, wares and personal property of any type, including,
but not limited to, foods, beverages, books, periodicals, household
appliances and home improvement items.
Any person who does not have an established place of business
who, from a vehicle or by traveling by foot, vehicle or any other
means from house to house or from place to place upon any street,
or upon any public or private property without the prior invitation
of the owner or occupant(s) of the house or premises, offers to sell,
purchase or barter any merchandise, whether or not any such actual
merchandise is displayed.
Any individual, business, company, entity, firm, partnership,
corporation, association or organization, and any principal, employee,
and/or agent thereof.
Any activity offering, intended to result in, or resulting
in an agreement by one or more persons to perform, render, furnish,
or supply work, labor, duties, and/or actions or benefits of any kind
on behalf of one or more other persons, whether or not the purchase
or sale of merchandise may also be a part of such agreement.
Any person who does not have an established place of business
who travels by any means from house to house or from place to place
upon private property without the prior invitation of the owner or
occupant(s) of the house or premises, for the purpose, and/or with
the intent, to sell or purchase services and/or interests in real
property, or offering to take orders or promises for services to be
performed in the future, or for interests in real property to be conveyed
or exercised in the future.
The Town of Eaton.
A vehicle as defined by the New York State Vehicle and Traffic
Law.
A.
Nothing in this chapter shall apply:
(1)
To any sales conducted by any duly authorized officer or employee
of any federal, state or local governmental entity, or to any activities
conducted pursuant to statute or by order of any court with jurisdiction
over the Town.
(2)
To any person selling merchandise at wholesale solely to dealers
in such goods.
(3)
To businesses having an established place of business as defined
in this chapter, or to farmers and truck gardeners who, themselves
or through their family members and/or employees, sell products of
their own farms and gardens located within the Town.
(4)
To any honorably discharged member of the Armed Forces of the United
States who has procured a license as provided by § 32 of
the General Business Law of the State of New York.
(5)
To any farmers market or any other public or collective market authorized
by the Town Board under such rules and regulations as it may provide
for the operation and control of said market.
(6)
Under any circumstances so as to unlawfully interfere with interstate
commerce.
(7)
To any activities sponsored by, and held for the benefit of, any
bona fide nonprofit museum, fraternal, charitable, educational, or
religious organization, including any not-for-profit corporation,
local improvement committee or other bona fide civic organization,
nor shall the provisions of this chapter apply to any vendors, including
peddlers and solicitors as defined herein, assembled or brought together
for a scheduled event sponsored or conducted by any such organization,
such as a block party, trade or product show, where such scheduled
event has been authorized by the Town Board.
B.
The burden of proving entitlement to exemption from the requirements
of this chapter shall be upon the person claiming such exemption.
Except as otherwise provided herein, it shall be unlawful for
any person, within the corporate limits of the Town, to act as a peddler
or solicitor without first having in force and effect a peddlers and
solicitors license issued by the Town Clerk as herein provided. Such
license shall be effective for the period of time requested by the
applicant, but in no event shall the effective period of any such
license exceed one year from the date of issuance of the license.
In addition to compliance with the requirements of this chapter, all
licensees and persons associated with such licensees shall be in compliance
with all other federal, state and local laws at all times while engaged
in peddling or soliciting in the Town.
Any person desiring to procure a license required by the provisions
of this chapter shall file with the Town Clerk a written application
upon a form prepared and furnished by the Town Clerk, and shall pay
the prescribed application fees. Such application form shall provide
not less than the following information:
A.
The location(s) from which the applicant desires to operate and the
number and description of all vehicle(s) to be used by the applicant,
including Department of Motor Vehicles registration information;
B.
A complete description of the good(s), service(s) and/or interest(s)
in real property to be offered for sale, purchase or barter;
C.
The method of delivery or distribution of the goods, services and/or
interests in real property to be sold;
D.
The name, address, age and photographs, and a listing of all prior
criminal convictions, of the applicant and of all employees, agents
and representatives that will engage in peddling and/or soliciting
pursuant to the license requested;
E.
The period of time for which the applicant desires the license;
F.
Whether the applicant and/or any person associated with the applicant
has had any prior license issued to him or her under this chapter
or by any other governmental jurisdiction revoked or suspended and,
if so, a description of the license, the identity of the issuing governmental
jurisdiction, and the period(s) during which such license(s) were
in effect, and the circumstances of each revocation and suspension;
G.
A copy of the applicant's Health Department permit(s) and New
York State sales tax certificate, if applicable to the applicant's
activities; and
H.
Such other relevant information as may be required by the Town Clerk
or as determined from time to time by resolution of the Town Board.
A.
All license applications shall be accompanied by an application fee
as determined from time to time by resolution of the Town Board. Upon
the filing of a complete application and payment of the applicable
fees, the Town Clerk shall, upon the approval of such application,
issue to the applicant a license.
B.
Upon the approval of a license to peddle or solicit, an identification
card shall be provided by the Town Clerk to each authorized individual
signifying his or her status as a licensed peddler or solicitor. It
shall be unlawful for a peddler or solicitor not to visibly and conspicuously
display such identification card on his or her person at all times
while engaged in peddling and/or soliciting.
A.
Any application for a license hereunder shall be denied, and any
license issued under the provisions of this chapter may be revoked,
by the Town upon determination by the Town Clerk that any one or more
of the following conditions exists:
(1)
The applicant, or any person to be engaged in peddling or soliciting
in association with the applicant, has been convicted of a felony
within 10 years from the date of the application;
(2)
The applicant has made any false or fraudulent statement in his or
her application or any other document submitted to the Town in connection
with the application or the applicant's peddling or soliciting
activities;
(3)
The applicant's Health Department permit or New York State sales
tax certificate of authority has been suspended or revoked by the
issuing authority;
(4)
The Town's Code Enforcement Officer has determined that the
applicant or any person engaged in peddling or soliciting pursuant
to such license, is in violation of any provision of this chapter
or any other relevant federal, state or local law, and not less than
three business days have passed since prior notice of such violation(s)
has been provided by the Code Enforcement Officer by regular United
States mail addressed to the licensee at the licensee's address
stated in the application;
(5)
The applicant has failed to pay all required fees, or any instrument
for payment of such fees is rejected by the issuing financial institution.
B.
In addition to constituting grounds for revocation of a license,
any violation of any provision of this chapter shall be an offense
punishable by a maximum fine of $250 or by imprisonment for not more
than 15 days, or both such fine and imprisonment. Each day of violation
shall be deemed a separate offense and may be charged as such.
Any person aggrieved by the denial or revocation of a license
shall have the right to appeal such denial or revocation to the Town
Board. Such appeal shall be taken by filing a notice of appeal, setting
forth fully the grounds for the appeal, with the Town Clerk within
10 days after the date notice of the action complained of was mailed
to such person's address stated in the relevant application.
The Town Board shall conduct a hearing on such appeal at the Board's
next regularly scheduled meeting (as previously noticed to the public,
which notice shall be available from the Town Clerk) following the
Town Clerk's receipt of the notice of appeal. Notice of such
hearing shall be given to the applicant by regular United States mail,
but failure to receive such notice shall not require cancellation
or postponement of the hearing, nor shall it affect the determination
of the Town Board made at any such hearing. The decision of the Town
Board on such appeal shall be final and conclusive.
