The purpose of this chapter shall be to improve and promote
the health, safety and general welfare of the community and the preservation
of property and protection of the property of the Town of Elma and
its residents by declaring and enforcing certain regulations and restrictions
pertaining to peddling and solicitation by making certain that any
firm or person engaged in solicitation of business or performance
of the same is registered with the Town of Elma. The Town of Elma,
by registering these individuals does not approve, endorse or recommend
any person, business or entity applying for this permit or any product
being offered.
As used in this chapter, the following terms shall have the
meanings indicated:
CONTRACTOR
Any person, firm, partnership or corporation engaged in new
construction, repair, altering or improving any property vacant or
occupied.
PEDDLER
Any person who shall engage in peddling as hereinafter defined.
PEDDLING
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person selling or offering for sale
carries with him in traveling or has in his possession or control,
upon any of the streets, roads or highways or from house to house
within the Town of Elma; provided, however, that the word "peddling"
shall not apply:
A.
To the selling or offering for sale of bread or bakery products,
milk or milk products, ice cream products, daily papers or any other
person soliciting or selling recognized products with routes that
have been heretofore regularly established within the Town of Elma.
B.
To the selling or offering for sale of insurance by insurance
agents or brokers licensed under the insurance laws of the State of
New York.
PERSON
Any natural person, association, partnership, firm or corporation.
REGISTERING
Providing the Town Clerk with the information necessary to
obtain a permit but with no requirement to obtain a license. Registering
with the Town Clerk is not approval by the Town Board of the goods
or services offered.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery, or for subscriptions or
contributions, upon any of the streets, roads or highways or from
house to house within the Town of Elma. The word "soliciting" shall
not apply to the exemptions as outlined in this chapter.
TRANSIENT RETAIL BUSINESS
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer; on a parking lot or vacant
parcel of land; on a part of public right-of-way; or in any other
place for a temporary period of time. Lack of a rental or leasing
agreement of three months or more in duration, sealed by monetary
consideration, shall be presumptive of a temporary situation. The
type of merchandise being offered for sale will have no bearing on
the designation.
It shall be the duty of all contractors, solicitors, peddlers
and transient retail businesses to comply with all applicable state
laws, including Article 36-A of the State General Business Law, state
codes, local laws and/or ordinances relating to the various activities
engaged in by the contractor.
Any person, firm, partnership, corporation or any other entity
violating any of the provisions of this chapter shall be subject to
a fine of not more than $250 for each violation or to imprisonment
for a period not exceeding 15 days for each such violation, or to
both such fine and imprisonment, except when a punishment is expressly
prescribed in such provisions. Unless otherwise provided, each day
and each home or business solicited on which a violation occurs shall
be considered and/or deemed a separate violation for purposes of this
chapter.
Each person licensed under the provisions of this chapter shall
keep with him the permit issued by the Town Clerk at all times he
is engaged in his business and upon demand of any police officer or
other lawful authority or of any person being solicited by the permittee
to produce the permit issued to him.
Any permit issued pursuant to this chapter may be revoked by
the Town Clerk upon the order of the Town Board for proper cause and
in the interest of public safety.
Each solicitor, peddler, contractor or transient retail business
shall be issued a permit unless he shall have been convicted of a
crime involving moral turpitude or engaged in a business not permitted
by law. This permit shall be valid on weekdays between the hours of
9:00 a.m. and 5:00 p.m. from the date of issuance for a period of
60 days thereafter, in the case of a solicitor, peddler or transient
retail business, or one year in the case of a contractor, which permit
shall not be transferable, but shall be revocable in the event of
violation of the terms and conditions thereof.
The Town Clerk of the Town of Elma shall keep a record of all
registrations to whom permits have been issued under this chapter,
and the Building Inspector and law enforcement agencies in the Town
of Elma, as well as Special Police of the Town of Elma, shall supervise
the activities of all the holders of such permits.
Exemptions are as follows:
A. Notwithstanding any of the provisions herein contained, any person,
corporation, partnership or association engaged in charitable, benevolent,
patriotic, religious or school purposes native to the Town, or engaged
in selling produce or products raised in the Town of Elma which are
offered for sale, who are soliciting shall be permitted to obtain
a permit for compliance with the regulations hereof, without payment
of any fee thereof.
B. Persons under the age of 19 years shall not be required to register
and obtain a permit as heretofore provided for if they are soliciting
for any purpose directly connected with a religious, charitable, benevolent,
school or service organization native to the Town of Elma.
C. Farmers. The peddling of meats, fish, fruit and farm produce by farmers
and persons who produce such commodities.
D. Charitable organizations. Bona fide not-for-profit organizations
or bona fide professional fund-raisers duly registered pursuant to
Article 10-A of the Social Welfare Law of the State of New York or persons specifically exempted
from the provisions of said Article 10-A of the Social Welfare Law
pursuant to § 482-a thereof.
E. Veterans and widows of veterans. An honorably discharged member of
the Armed Forces of the United States who is a resident of the County
of Erie, State of New York, and a veteran of any war, or who, being
a resident of the County of Erie and State of New York, shall have
served in the Armed Forces overseas, and the widow of any such veteran,
if she is a resident of the County of Erie and State of New York,
shall have the right to hawk, peddle, vend and sell goods, wares or
merchandise or solicit trade upon the streets and highways within
the Town of Elma, provided that said person complies with § 32
of the General Business Law of the State of New York.
F. Local civil, educational or similar groups. Solicitation for contributions
or subscriptions sponsored by local civic, educational or political
or governmental groups, provided that the organization has registered
with the Town Clerk. No fee shall be required for these organizations.
G. Sales conducted pursuant to statute.
H. Sales conducted pursuant to the order of any court.
I. Any person selling personal property at wholesale to dealers in such
articles.
J. The sale of fruit and vegetables raised on the property where being
sold.
K. Any honorably discharged member of the United States Armed Forces
who has procured a license under Article 4 of the General Business
Law of the State of New York.
L. Persons soliciting, collecting or operating a sale on behalf of any
bona fide charitable educational, scientific, health, religious, patriotic
or other organization of worthy cause deemed to be in the public interest.
M. Any person selling personal property at a garage sale held at his
residence.
No permit shall be issued under this chapter until the proper
fee shall be paid to the Town Clerk in the sum of $25 per person for
solicitation and peddling. The permit fee for contractors shall be
the sum of $25 per person or corporation. The renewal fee shall be
$10.