[HISTORY: Adopted by the Town Board of the
Town of North Salem 10-8-1985 by L.L. No. 5-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 250.
This chapter shall be known and may be cited
as the "Peddling and Soliciting Law, Local Law No. 5, 1985, of the
Town of North Salem, Westchester County, New York." It is enacted
to preserve the peace, health, safety, welfare and order of the Town
and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or store in which or where a person transacts
business and deals in goods, wares and merchandise on a regular, continuing
and ongoing basis.
Any person who, in any public street or public place or by
going from house to house or from place of business to place of business,
on foot or from any vehicle, sells or barters or offers for sale or
barter or carries or displays for sale or barter any goods, wares
or merchandise.
Is singular and shall apply to the individual who is actually
going to do or is doing the peddling or soliciting.
Any person, either principal or agent, traveling either by
foot or by any conveyance from place to place, from house to house,
from street to street or from place of business to place of business,
who takes or offers to take orders for the sale of any goods, wares
or merchandise, including books or periodicals, for future delivery
or for the performance of future services, whether or not he collects
advance payments for such sale or service.
A.
It shall be unlawful for any person to engage in the business of peddler, as defined in § 167-2 of this chapter, within the Town of North Salem without having first duly obtained and having in force a license therefor as herein provided.
B.
Nothing contained in this chapter shall be deemed
to apply to any of the following:
(1)
A sale conducted pursuant to order of any court.
(2)
A sale of personal property at wholesale to a retail
dealer in such personal property having an established place of business
in the Town of North Salem.
(3)
A sale made by a person who has or represents an established
place of business within the County of Westchester, provided that
such sale results from an order given through a deliveryman according
to the usual custom.
(4)
The peddling of meats, fish, fruit and farm produce
by farmers and persons who produce such commodities on their own land,
provided that they have otherwise complied with any licensing and
health and safety requirements of any other competent governmental
body or agency and the sale takes place from a stationary location
upon property owned or leased by the seller.
C.
Provided that such person has completed the application
for a license and has met all other requirements as set forth in this
chapter, there shall be no fee for such license for an honorably discharged
member of the Armed Forces of the United States who is the holder
of a license issued pursuant to § 32 of the General Business
Law of the State of New York.
A.
It shall be unlawful for any person to engage in the business of solicitor, as defined in § 167-2 of this chapter, within the Town of North Salem without having first duly obtained and having in force a license therefor as herein provided.
B.
Dealers and solicitors.
(1)
Nothing in this chapter shall be deemed to apply to
any of the following:
(a)
Any person acting as a dealer in heating and
cooking fuel and newspapers.
(b)
Any person soliciting or collecting for any
bona fide charitable, religious or political organization; provided,
however, that such organization shall have otherwise been certified
or otherwise been duly qualified as required by law or by any competent
governmental body or agency and met the requirements therefor of the
Town of North Salem.
(2)
Provided that such person has completed the application
for a license and has met all other requirements as set forth in this
chapter, there shall be no fee other than the fingerprint processing
charge for an honorable discharged member of the Armed Forces of the
United States who is the holder of a license issued pursuant to § 32
of the General Business Law of the State of New York.
A.
Any person desiring a license as herein provided shall
file with the Town Clerk a written application therefor duly verified
by the applicant upon blank forms provided by the Town Clerk. A license
may be taken out only by such person and not in the name of a firm,
corporation, association, club, etc. Such application shall include
but not be limited to the following information:
(1)
The name of the applicant and certifiable proof of
age as 18 years of age or older.
[Amended 7-27-1993 by L.L. No. 3-1993]
(2)
The permanent home residence and the address of his
current place of sojourn if different from his home address.
(3)
The name and address of all entities whose products
he intends to sell or for which he intends to solicit orders.
(4)
An itemized statement of all property or services
to be sold or offered for sale.
(5)
All municipalities (name and state) in which the applicant
has carried on the business of hawking, selling or soliciting orders
during the six months immediately preceding the application.
(6)
A statement of the name, address and telephone number
of any person and of any corporation supervising the applicant's local
selling activities under contractual or employment arrangement.
(7)
Copies of all forms of order and of receipt used by
the applicant in soliciting sales or orders.
(8)
An enumeration of the number and kind of vehicles,
if any, to be used by the applicant in carrying on the business for
which the license is requested.
(9)
The names and addresses of all partners of a partnership
and the names and addresses of the principal officers if a corporation.
(10)
The name and address of a person upon whom a legal
notice may be served.
(11)
Appended to the application, a letter of authorization
from each entity supplying any property or services to be sold or
for which orders are to be solicited by the applicant.
(12)
A statement to the effect that, if a permit is granted,
it will not be used or represented in any way as an endorsement by
the Town of North Salem or by any department or officer thereof.
(13)
If the applicant is a nonprofit corporation of the
State of New York, a certified copy of its certificate of incorporation,
together with any amendments or supplements thereto.
B.
Such application shall be accompanied by satisfactory
proof of the good character of the applicant, including notarized
references by at least two adults attesting to the good moral character
and business responsibility of the applicant. Such application shall
also be accompanied by three photographs, two inches by two inches
in size, taken within 30 days prior to the date of filing of the application,
full face on a white background.
A.
When the application is properly completed and signed
by the applicant, the original and duplicate thereof shall be filed
with the Clerk, and the Clerk shall refer the original to the Chief
of Police, who shall make or cause to be made within five days such
investigation of the applicant's business responsibility and character
as he deems necessary for the protection of the public good.
B.
If, as a result of such an investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons therefor and shall return said application to the
Clerk. Any determination by the Chief of Police that an application
is unsatisfactory shall be based on one or more of the following findings
with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory, shall endorse his approval
on the application and shall return the application to the Clerk.
A.
If an application is found unsatisfactory by the Chief
of Police and he has endorsed his disapproval upon the application,
the Clerk shall notify the applicant, by certified mail, that the
application is disapproved and shall deny the applicant a license.
B.
Upon receipt of the fee, application and report of
the Police Chief's investigation and upon compliance with all the
requirements of this chapter, the Town Clerk shall issue a license
to the applicant.
A.
The license shall automatically expire on January
1 following the date of its issuance. The dates of issuance and expiration
of the license as well as the purpose for which it has been issued
shall be set forth on the face thereof.
B.
The license shall be carried on the person of the
licensee at all times while being exercised and shall be exhibited
by the licensee to any person on demand. A picture of the applicant
shall appear on the valid license with the Town Seal imprinted on
the same.
C.
The license shall not be transferable or assignable.
In the event that a licensee shall permit any person other than the
licensee to possess or use such license, such license shall automatically
be revoked, and the licensee shall thereby be guilty of violating
this chapter, and no application for a further license may be made
for a period of one year from the date of revocation.
D.
The license is good only for the purposes stated thereon,
and a change of product being sold or offered for sale without written
consent from the Town Clerk shall constitute cause for revocation
of the license, and the licensee shall thereby be guilty of violating
this chapter, and no application for a further license may be made
for a period of one year from the date of revocation.
[Amended 7-27-1993 by L.L. No. 3-1993]
The application fee for such a license shall
be in accordance with the Standard Schedule of Fees of the Town of
North Salem.[1]
A.
Prior to the issuance of any license, the applicant
shall file with the Town Clerk a bond running to the Town in the amount
of $2,500 with good and sufficient surety, in such form as shall be
approved by the Town Attorney. Said bond shall remain in force for
the term of the license and shall be conditioned to indemnify and
pay the Town for any penalties or costs incurred in the enforcement
of any of the provisions of this chapter and to indemnify or reimburse
any purchaser of personal property from the holder of the license
in a sum equal to at least the amount of any payment such purchaser
may have been induced to make through the misrepresentation as to
the kind, quality or value of the personal property, whether the misrepresentations
were made by the licensee or said licensee's agents, servants or employees
either at the time of making the sale or through any advertisements
printed or circulated with reference to such personal property or
any parts thereof.
C.
The Town Board may, by resolution, exempt persons
from the bond and fee requirements, provided that the applicant satisfies
the Board that the nature of his activity does not jeopardize the
position of the Town or the protection given herein to the residents.
D.
The applicant shall also be required to submit proof
of liability insurance coverage:
(1)
The insurance shall be in an amount satisfactory to
the Town Clerk.
(2)
Proof of premium payment for a period at least equal
to the term of the license shall be submitted to the Town Clerk.
(3)
The applicant shall authorize his insurance carrier
to notify the Town of any cancellation of such insurance.
Any person aggrieved by the action of the Chief of Police or of the Town Clerk in the denial of a license shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 167-13B of this chapter for notice of hearing on revocation. The decision of the Town Board on such appeal shall be final and conclusive.
A.
Licensed peddlers or solicitors shall not:
(1)
Enter upon private or public property for the purpose
of soliciting or peddling before the hour of 10:00 a.m. or after the
hour of 7:00 p.m. on any day.
(2)
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting business
or offer for sale any provision, food or merchandise that is unwholesome,
unfit or is otherwise harmful to the user or consumer thereof.[1]
[1]
Editor's Note: Former Subsection 3, which
immediately followed this subsection, was repealed 7-27-1993 by L.L.
No. 3-1993.
(3)
Peddle or solicit on private or public property which
has displayed a sign bearing the words "No Peddling or Soliciting"
or words of like intent, nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested his departure
therefrom.
(4)
Create, erect or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public or private property for the selling or exposing for sale any
goods, wares or merchandise.
(5)
Have any exclusive right to any location in the public
streets, nor shall any be permitted a stationary location, nor shall
any be permitted to operate in a congested area where such operation
might impede or inconvenience the public. For the purpose of this
chapter, the judgment of any police officer exercised in good faith
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
(6)
Cry his or her wares or make use of any horn or bell
or make any other loud noise with the intent to call attention to
his or her wares.
[Amended 7-27-1993 by L.L. No. 3-1993]
B.
Such license shall include the right to use only one
vehicle or conveyance in carrying out the business for which the person
is licensed.
C.
Such license shall not be construed so as to supersede
any other applicable ordinances.
D.
All orders taken by a licensed solicitor or peddler
for which he or she demands, accepts or receives payment or deposit
of money in advance of final delivery shall be in writing, 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 of money
is paid to the solicitor or peddler. Such orders can be taken only
in compliance with applicable state law, federal law and Federal Trade
Commission rulings, and nothing herein shall be taken to waive such
restrictions.
E.
No license may be issued to any person under 18 years
of age.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Board after notice and hearing for any
of the following causes:
(1)
Fraud, misrepresentation or a materially incorrect
statement contained in the application for a license.
(2)
Fraud, misrepresentation or a materially incorrect
statement made in the course of carrying on the business of solicitor,
peddler, distributor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime, misdemeanor or violation.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
A notice of the hearing for the revocation of a license
shall be given by the Town Clerk, in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the holder of the license
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by an agent of
the Town in the same manner as a summons at least three days prior
to the date set for the hearing.
The Town Clerk shall keep an accurate record
of all licenses issued under this chapter.
[Amended 7-27-1993 by L.L. No. 3-1993]
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
[Added 9-23-2014 by L.L. No. 6-2014]
A.
Any owner
or occupant of property located in the Town who wishes to prohibit
soliciting on the premises shall complete a form available in the
Town Clerk's office and on the Town's website. The completion of the
form will allow the owner/occupant's premises to be included on a
list of properties that do not permit solicitation (herein referred
to as the "Do Not Knock registry" or "registry").
B.
In order
to be removed from the registry, the owner and/or occupant must complete
a form indicating that he/she does not want his/her property to be
included on the registry.
C.
All solicitors
shall obtain the current Do Not Knock registry at the time of issuance
of a permit or at the time of registration to solicit pursuant to
the provisions of this chapter.
D.
Solicitors
shall not solicit at any premises identified on the then-current Do
Not Knock registry.
E.
It shall
be the responsibility of the solicitor to obtain updated copies of
the registry.
F.
Activities
related to a service requested by the owner or occupant of the property
and undertaken in the ordinary course of business, including but not
limited to deliveries of utility notices, telephone directory deliveries,
regular newspaper deliveries, work order notices and service inquiries,
are presumed to be requested or invited for the purpose of this section.
G.
Nothing
in this section shall be construed to prohibit the distribution of
leaflets, pamphlets or other literature, such as commercial, political
or religious material, distributed in a lawful manner.
H.
Severability.
If any part of this section shall be held unconstitutional, invalid,
or ineffective, in whole or in part, such determination shall not
be deemed to affect, impair, or invalidate the remainder thereof.
