[HISTORY: Adopted by the Town Board of the Town of Wales 6-11-2012 by L.L. No.
1-2012. Amendments noted where applicable.]
No person shall engage in peddling within the Town of Wales
without first obtaining a permit from the Town Clerk in accordance
with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Organizations qualified under IRC § 501(c)(3),
Boy Scouts and Girl Scouts, youth athletic activities, public or private
school clubs, and organizations approved as charitable organizations
by the State of New York.
Solicitation other than the noncommercial solicitation identified
in this chapter.
Solicitation for the purpose of political, religious or charitable
purposes.
Any person, whether principal or agent, who will carry or
expose for sale or barter, or sell, vend or barter, any goods, wares
or merchandise, including articles of food or otherwise, or engage
in any similar type of activity, on foot or from any vehicle or temporary
structure, within the Town.
The doing of any one or more of said acts by a peddler in
pursuance of business.
Requesting, directly or indirectly, money, credit, funds,
contributions, personal property, natural resources, or anything of
value; taking or attempting to take orders for the sale of goods,
wares, merchandise or services; providing a description of future
delivery or for services to be performed in the future, either in
person or by distributing fliers and leaflets; selling and making
immediate delivery of any goods, wares, merchandise or services. Solicitation
does not include communications that are political, religious or charitable
in nature and do not involve the solicitation of money, funds, contributions
or anything of value. Solicitation does not include delivery of items
ordered by a resident or business, such as newspapers, groceries and
similar items.
B.
This chapter shall not apply to the following types of sales transactions:
(1)
The sale, distribution and delivery of milk, tea, coffee, spices,
groceries, meats and bakery goods.
(2)
Solicitation of orders for or delivery of newspapers.
(3)
Sales for the benefit of any charity which maintains a relationship
with the Town of Wales in connection with the raising of funds for
the work and maintenance of any such nonprofit organization.
A.
The Town Clerk or designated agent is hereby authorized to issue
permits pursuant to this chapter. The terms and provisions of the
application for a permit will be approved by the Town Board. The application
must be submitted and approved at least 30 days prior to the proposed
solicitation.
B.
Permits will be granted for no longer than three months. The fee
for each permit shall be determined by the Town Board from time to
time and shall be paid in advance.
C.
The permit is nontransferable. Every natural person who is engaged
in peddling must apply for his or her own permit. Employees of a business
engaged in peddling must apply for a separate permit.
D.
The fee may be waived if the applicant is a resident of the State
of New York for a minimum of two years prior to the date of application
and is a veteran who served in time of war.
E.
A permit for a noncommercial applicant shall be required by the organization
only, not individual solicitors. Proof that the organization is qualified
under IRC § 501(c)(3) is required at the time of application.
Solicitation by members of public or private schools requires written
confirmation from the school administrator verifying school affiliation.
F.
A permit may be denied/revoked for misrepresentation on the application,
including misdemeanor and felony convictions for violation crimes,
sexual assault, possession of drugs, theft, fraud, burglary or trespassing.
Each person who applies for a peddler's permit shall give
to the Town Clerk the following information on a designated application
form:
A.
His or her name, home address and local address, if any.
B.
The address of his or her principal place of business and any trade
names.
C.
His or her physical description, including age, height, weight and
the color of his or her hair and eyes.
D.
If employed, the name and address of his or her employer.
E.
All locations where permits for peddling have ever been granted by
or applied for in the past to any other governmental body.
F.
A written consent from the owner of the property intended to be used
for the placement of a tent or other temporary structure or the parking
of any vehicle, trailer or car, appended to the application.
G.
An insurance certificate from a reputable insurance company showing
evidence that the applicant has adequate liability insurance for the
benefit of persons who may be injured in the course of doing business
with the applicant, in an amount of not less than $100,000 per person
and $300,000 per incident.
H.
Evidence of a state sales tax permit, if applicable, annexed to the
application.
I.
Evidence of approval of the Erie County Health Department for the
sale of food, if applicable.
Each person with a permit shall have the number of his or her
permit plainly inscribed on any vehicle which he or she uses under
such license and shall have in his or her possession the permit furnished
by the Town Clerk bearing the number of his or her permit that is
in force. Any person with a permit shall produce such permit for examination
to any purchaser or prospective purchaser and upon request by any
law enforcement official or officer charged with the enforcement of
this chapter.
A.
The application for a permit may be denied if, in the discretion
and judgment of the Town Clerk, it fails to meet any of the requirements
of this chapter.
B.
At any time, if it comes to the attention of the Town Clerk or Town
Board that any of the provisions of this chapter have been violated,
or in the event of fraud, misrepresentation or false statement in
the application for the permit, the permit may be revoked. Notice
of such intended revocation shall be made by first-class mail to the
permittee at the address provided on the original application, and
such revocation shall be effective on the date provided in such notice,
but no less than five days from the date of the letter. The permittee
may request reconsideration of the decision by the Town Board, provided
that the request for reconsideration is made within 10 days of the
effective date of revocation. The decision of the Town Board shall
be final, although such revocation shall be no bar to a new application
for a permit. A request for reconsideration shall not operate as a
stay of the revocation of the permit, except by a vote of a majority
of the Town Board.
A.
Solicitation is prohibited under the following conditions:
B.
The following are abusive solicitation:
(1)
Coming within three feet of, or touching, the person solicited.
(2)
Blocking or impeding the passage of the person solicited.
(3)
Continuing solicitation after the person solicited has objected to
solicitation.
(4)
Following the person solicited after the person has objected to solicitation.
(5)
Threatening or using offensive words.
(6)
Uninvited entry into a residence or business.
Any person who shall engage in peddling without a valid permit
or in violation of any of the provisions of this chapter shall be
fined not more than $250 for each violation and/or 15 days' imprisonment.
Each sale made in violation of these provisions shall be deemed to
be a separate violation.
