[HISTORY: Adopted by the Town Board of the Town of Cochecton 9-9-1992 by L.L. No.
1-1992. Amendments noted where applicable.]
Except as specifically set forth in this chapter, or except
as otherwise required pursuant to applicable provisions of the laws
of the State of New York, it shall be unlawful for any person, within
the limits of the Town of Cochecton, to act as a hawker, peddler or
solicitor, except in accordance with the provisions of this chapter,
and without first having obtained and paid for and having in full
force and effect a license as provided herein.
Every applicant for a license under this chapter shall file
with the Town Clerk a written application, in duplicate, in such form
as may be required by the Town Clerk, which application, at a minimum,
shall state the kind and nature of merchandise the applicant intends
to hawk, solicit, or peddle. In addition, such applicant must provide
the Town Clerk with the following:
A.
The sales tax identification number of the applicant or information
to the satisfaction of the Town Clerk that the person's business
does not require a sales tax identification number.
B.
If a vehicle is to be used, a description of such vehicle and its
license number.
C.
With respect to those applicants whose business involves the sale
or use of food, beverage or foodstuffs, evidence that such applicant
has a license from the New York State Department of Health.
D.
Evidence that such applicant complies with any other applicable federal,
state, or local (including Town) laws.
The fee for each license issued pursuant to this chapter shall
be in an amount as set by the Town Board by resolution.
Licenses issued pursuant to this chapter shall be valid until
the 31st day of December of the year issued. Said license shall not
be assignable or otherwise transferable, shall be carried by the licensee
at all times, and shall be produced upon the demand of any federal,
state, or Town official, or of any person to whom goods or services
are offered for sale.
A.
The Town Clerk shall investigate all applications and shall issue or deny such license to the applicant within five business days after a completed application and the additional information required by § 170-2 have been provided to the Town Clerk. The Town Supervisor shall countersign all licenses, or shall refuse to countersign any license, within five business days after the Town Clerk has approved the application. Within the time periods specified in this Subsection A, the Town Clerk shall notify any applicant whose application for a license has been denied of the reasons for the denial and of the right of the applicant to appeal the decision to the Town Board.
B.
Any applicant whose application for a license has been denied shall
have the right to appeal the denial to the Town Board. Any applicant
wishing to appeal the denial of his license must request a hearing
before the Town Board, in writing, within five business days after
the notice of denial has been sent to him. Within five business days
after the Town Board is in receipt of the request for a hearing, the
Town Board shall conduct a hearing and shall issue its determination
as to whether the denial of the application should be upheld.
A licensee shall not operate or park any vehicle used by him
in a manner which will impede the flow of traffic.
The provisions of this chapter shall not be applicable to residents of the Town who are producing or manufacturing items in their home and who are conducting a business from their home in compliance with Chapter 240, Zoning; exempt organizations such as volunteer fireman, ambulance corps, boy or girl scouts, church groups, and schoolchildren sponsoring school fund-raisers; insurance carriers; or dealers in milk, baked goods, petroleum products, newspapers, and other staple items. In addition, no part of this chapter shall be enforced so as to conflict with § 32 of the General Business Law of the State of New York, providing exemptions for veterans.
A.
Suspension; hearing; revocation by Town Clerk. The Town Clerk may
temporarily suspend any license issued pursuant to this chapter upon
receiving any information giving reasonable cause to believe that
any licensee hereunder has either violated this chapter or has committed
any other act which, in the opinion of the Town Clerk, will endanger
the peace, safety, health or general welfare of the inhabitants of
this Town. Within five business days after such suspension, the Town
Board shall conduct a hearing and issue its determination as to whether
the license shall be revoked or reinstated. If such hearing or determination
is not made within said five-business-day period, the license shall
be restored automatically until such time as a hearing is conducted
and a determination of the Town Board is made.
B.
New applications. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least 12 months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists. An applicant who requires a hearing on this issue shall follow the procedures of § 170-5B of this chapter.
Appropriate signs, as the Town Board shall deem necessary, shall
be erected by the Highway Department of the Town, at such places within
the Town as the Town Board directs, advising of the existence of this
chapter.
A.
Any person violating any of the provisions of this chapter shall
be guilty of a violation (as defined in the New York State Penal Law)
and, upon conviction thereof, shall be punished for each violation
by fine not to exceed $250 or by imprisonment for a term not to exceed
15 days, or by both such fine and imprisonment.
B.
The Town Board shall also have the power to bring civil action to
restrain any violation of this chapter in a court of competent jurisdiction.
C.
When a violation of this chapter is continuous, each day that the
violation occurs shall constitute a separate and distinct offense.
