It shall be unlawful for any person, within the territorial
limits of the Town of Lewiston (outside of any incorporated village),
to act as a hawker, peddler or solicitor as herein defined without
first having obtained, and having in force and effect, a license to
conduct the activity.
As used in this chapter, the following terms shall have the
meaning indicated:
HAWKER or PEDDLER
Any person traveling by foot, vehicle or other conveyance
from street to street, from house to house or from place to place
carrying or transporting goods, wares or merchandise and offering
the same for sale, except one engaged in the distribution of farm
products.
SOLICITOR or CANVASSER
Any person traveling by foot, vehicle or other conveyance
from street to street, from house to house or from place to place
soliciting and taking orders for the sale of goods, wares or merchandise,
including books and periodicals for future delivery, or for services
to be performed, whether or not payment in advance for such sale or
services is solicited. The term "canvasser" shall also include a person
going from house to house, or place to place, surveying or seeking
information from the occupants with respect to ownership, use or experience
with any article of commerce or thing of value, whether or not the
sale or use thereof is then solicited, but shall not include a representative
of any governmental agency or public utility corporation.
Every applicant for a license as herein provided shall submit
to the Town Clerk a written application, under affidavit, setting
forth the following information, to wit: that he or she has never
been convicted of a felony or misdemeanor (if so, give details); a
detailed statement of the particular business, trade or occupation
or purpose for which the license is requested; the make, model and
license plate number of vehicle(s), if any, to be used by the applicant
in carrying on the business for which the license is requested; the
kinds of goods, wares and merchandise he/she desires to sell or the
kind of service he/she desires to render; the name, address and age
of the applicant; the name and address of the person, firm or corporation
he/she represents; the name and addresses of all partners of a partnership;
and the names and addresses of a person upon whom a legal notice may
be served; and such other information as may be required by the Town
Clerk.
Every vehicle used in support of hawking, peddling or soliciting
shall have the name and address of the licensee plainly, distinctly
and legibly displayed in letters and figures at least two inches in
height in a conspicuous place on the dashboard of the vehicle.
Any applicant holding a license issued by the Niagara County
Clerk, pursuant to § 32 of the General Business Law, shall
be entitled to obtain a license without payment of any fee therefor,
but no such person shall engage in any of the occupations specified
in this chapter without first having been issued a license by the
Town Clerk.
A licensed hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B. Keep the vehicles and receptacles being used in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.