[HISTORY: Adopted by the Town Board of the Town of Elmira 8-20-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 193.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a building or store in which or where a person transacts
business and deals in the goods or services he or she offers for sale
for during regular business hours.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who goes from place to place, or house
to house, who stands in any street or public place, and sells or barters,
offers for sale or barters, or caries or exposes for sale or barter
any goods, or services, including making, manufacturing or repairing
any article, to be performed now or in the future.
Nothing in this chapter shall be held to apply to any sales
conducted pursuant to statute or by order of any court; to any person
selling personal property at wholesale to dealers in such articles;
to merchants having an established place of business within the Town
or their employees for soliciting orders from customers and delivering
the same; to farmers and truck gardeners who themselves or through
their employees vend, sell or dispose of products of their own farms
and gardens; or so as unlawfully to interfere with interstate commerce.
No person shall act as a peddler within the Town of Elmira without
having in force and effect a license therefor issued to him or his
employer.
A.
Any person desiring a license as herein provided shall file with
the Town Clerk upon a form furnished by the Town a written application
containing the name and residence address and business address of
the applicant, the kind of business, the wares and merchandise to
be sold or the kind of service to be performed, the method of distribution,
the number and kind of vehicle to be used in carrying out the activities
listed and such other information as may be required by the Supervisor.
Such application shall be accompanied by a cash deposit of the fee
for the license, which fee shall be $25 for an applicant using not
more than motor vehicle and a further fee of $25 from time to time
for each additional motor vehicle to be used in carrying out the activities.
B.
The following persons or organizations shall not be required to apply
for a license under this chapter:
Upon the receipt of a properly completed application and of
the required fee, the Clerk shall grant a license authorizing the
applicant to act as a peddler within the Town for a period of one
year from the date of issuance of such license, or the Clerk, at the
direction of the Supervisor, may refuse to grant such license for
a specific reason for the protection of the public safety, health,
property, morals or general welfare and return the fee to the applicant.
A license issued under this chapter shall extend only to the
person to whom it is issued or, if the licensee is other than a natural
person, to its agent or employee acting in the course of the business
of the licensee, and a license shall be valid only for the purposes
contained on the application for such license.
Every person acting as a peddler under this chapter shall produce
for inspection the license required by this chapter upon demand of
any magistrate or police officer, and a failure to produce a valid
license shall be a violation of this chapter.
No peddlers shall perform any permitted activity in the Town
of Elmira before 8:00 a.m. and after 7:00 p.m.
The Clerk, upon direction of the Supervisor, may revoke any
license issued under this chapter at any time for a violation of this
chapter. When a license is revoked, no refund of any portion of the
license fee shall be made. Notice of such revocation and the reason
or reasons, in writing, shall be served upon the licensee named in
the application, personally or by mailing in a postpaid wrapper, to
the business or residential address given in the application for such
license.
A licensed peddler shall:
A.
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Not wear or exhibit any identification provided by the Town after
the expiration or revocation of the license represented by it.
C.
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the food stuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
D.
Not stand or permit the vehicle used by him to stand in one place
in any public place or street for more than 10 minutes or in front
of any premises for any time if the owner of or lessee of the ground
floor thereof objects.
E.
Not sell any confectionary or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Any person, firm or corporation who or which violates any provision
of this chapter shall, upon conviction, be punished by a fine not
to exceed $100.
