As used in this chapter, the following terms shall have the
meanings respectively ascribed to them in this section:
ESTABLISHED PLACE OF BUSINESS
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.
INTEREST IN REAL PROPERTY
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.
MERCHANDISE
Goods, wares and personal property of any type, including,
but not limited to, foods, beverages, books, periodicals, household
appliances and home improvement items.
PEDDLER
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.
PERSON
Any individual, business, company, entity, firm, partnership,
corporation, association or organization, and any principal, employee,
and/or agent thereof.
SERVICES
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.
SOLICITOR
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.
VEHICLE
A vehicle as defined by the New York State Vehicle and Traffic
Law.
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.
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.