[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 8-11-1975 by Ord. No. 1975-3. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch.
144.
As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Shall mean and include a building or store in which the person
transacts business and deals in the goods, wares and merchandise he
hawks, peddles or solicits for during regular business hours.
HAWKER and PEDDLER
Shall mean and include, except as hereinafter expressly provided,
any person, either principal or agent, who, in 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 animal or vehicle
standing in a street or highway, sells or barters, offers for sale
or barter or carries or exposes for sale or barter any goods, wares,
or merchandise, except as hereinafter exempted.
PERSON
Shall mean and include one or more persons of either sex,
natural persons, corporations, partnerships, associations, joint stock
companies, societies and all other entities of any kind capable of
being sued.
SOLICITOR
Shall mean and include any person who goes from place to
place or house to house or who stands in any street or public place
taking, or offering to take, orders for goods, wares or merchandise,
except as hereinafter exempted, or for services to be performed in
the future, or for making, manufacturing or repairing any article
or thing whatsoever for future delivery.
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, or to the peddling of meats, fish, fruit and similar
produce by farmers and persons who produce such commodities, or to
dealers in milk, baked goods, heating oil and daily newspapers, to
any honorably discharged member of the Armed Forces of the United
States who has procured a license as provided by the General Business
Law of the State of New York, or to persons soliciting or collecting
for any bona fide charitable organization, or any solicitation by
local school children for general school purpose activities. This
chapter shall also not apply so as unlawfully to interfere with interstate
commerce.
It shall be unlawful for any person, within the territorial
limits of the Town of Mount Hope, to act as a "hawker," "peddler"
or "solicitor" as herein defined without first having obtained and
paid for and having in force and effect a license therefor.
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 is a citizen of the
United States; that he has never been convicted of a felony or misdemeanor
(or, if so, giving the details); a detailed statement of the particular
business, trade or occupation for which the license is requested;
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; the
kinds of goods, wares and merchandise he desires to sell or the kind
of service he desires to render; the name, address and age of the
applicant; the name and address of the person, firm or corporation
he represents; the names and addresses of all partners, if a partnership,
and the names and addresses of the principal officers, if a corporation,
and the name and address of a person upon whom legal notice may be
served; and such other information as may be required by the Town
Clerk.
A. Upon the filing of the application, as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in §
167-3 signed by the Town Clerk. Except as hereinafter provided, no licenses shall be refused except for a specific reason and for the protection of public safety, health, morals or general welfare.
B. A license
shall not be assignable. Any holder of such license who permits it
to be used by any other person, and any person who uses such license
granted to any other person, shall be guilty of a violation of this
chapter.
C. Such license
shall automatically expire on January 1 following the date of issuance
of license, but such license may provide for an earlier expiration
date.
D. No license
shall be granted to a person under 18 years of age.
E. No applicant
to whom a license has been refused or who has had a license which
has been revoked shall make further application until a period of
at least six months shall have elapsed since the last previous rejection
or revocation, unless he can show that the reason for such rejection
or revocation no longer exists.
F. Every licensee,
while exercising his license, shall carry the license with him and
shall exhibit the same upon demand to any police officer or citizen.
The license fee to hawkers, peddlers or solicitors shall be
as follows: $25, one year.
Any licensee using a horse and wagon or motor vehicle may employ
not more than two persons to assist in selling and delivering the
wares, but such persons shall so act only while accompanying a licensed
peddler, hawker or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor
in or about his business shall have the name of the licensee and his
address plainly, distinctly and legibly printed in letters and figures
at least two inches in height in a conspicuous place on the outside
of each side of every such vehicle, and such name and address shall
be kept so painted plainly and distinctly at all times while such
vehicle is in use during the continuance of the license.
Upon the refusal of the Town Clerk to issue a license to any
applicant or upon the determination of the Town Board that any license
should be revoked, the procedure prescribed in § 137 of
the Town Law shall be complied with when a license shall be revoked.
No refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason therefor in writing shall
be served by the Town Clerk upon the person named in the application
or by mailing the same to the address given in the application, and
a copy of such notice shall be filed with 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 used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C. 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 any lessee of the premises
objects.
D. Not sell any confectionery 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.
E. Not permit any vehicle used by him to stop or remain on any crosswalk.
F. Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
G. Not blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares, or shout or cry out his wares.
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, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to use purchaser at the
time the deposit of money 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 name and
residence of the person licensed, the amount of the license fee paid
and also the date of revocation of all licenses revoked.
Any person who, himself or by his agent or employee, shall act
as a hawker, peddler or solicitor, as herein defined, without a license
or who shall violate any of the provisions of this chapter or who,
having had his license revoked, shall continue to act as a hawker,
peddler or solicitor shall, upon conviction, be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment; and each day on which such
violation continues shall constitute a separate offense.