This chapter shall be known and may be cited as the "Peddlers
and Solicitors Law of the Town of Collins, New York."
As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where the person
transacts business and deals in the goods, wares and merchandise he
or she hawks, peddles or solicits for during regular business hours
on a daily basis.
HAWKER and PEDDLER
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 barters, 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.
SOLICITOR
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, dairy products, 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, dairy products
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.
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 same without first having obtained and paid for and having
in force and effect a license therefor.
An application for a license 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 or a surety company bond
or other bond in an amount set by the Town Board and 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 refunded. Any person aggrieved by the action
of any licensed 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 license, unless sooner released by the Town Board.
A license shall not be assignable. Any holder of any license
who permits it to be used by any other person, and any person who
uses such license granted to any other person, shall each be guilty
of a violation.
Whenever a license 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 licensee of an affidavit
setting forth the circumstances of the loss, and what, if any, search
has been made for its recovery.
All licenses shall be issued and numbered in that 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 his or her license, the date of issuance
and expiration of the license, fee paid and the name and address of
the licensee.
Such license shall be for such term as requested by the applicant
but shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his or her license, shall carry
the license with him or her and shall exhibit the same upon demand.
The license fees for each person licensed as a hawker, peddler
or solicitor, or licensed to assist a hawker, peddler or solicitor,
shall be set from time to time by the Town Board. For the purpose
of this chapter, a person who assists a hawker, peddler or solicitor
shall be deemed to be any person who participates in delivering merchandise
or any other items sold, performs any services in or about the customer’s
premises or otherwise generally renders aid or assistance, except
participation in selling or soliciting orders.
A license issued pursuant to this chapter may be revoked after
a public hearing held by the Town Clerk after due notice to the licensee.
All constitutional safeguards shall be afforded the licensee at such
hearing.
All orders taken by licensed 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 licenses granted under the provisions of this
chapter giving the number and date of each license, the fee paid and
the date of revocation of all licenses revoked.
Violation of any provision of this chapter shall constitute a violation pursuant to the Penal Law subject to penalties as set forth in Chapter
1, General Provisions, §
1-3, of the Code of the Town of Collins.