[HISTORY: Adopted by the Town Board of the Town of Spencer 3-9-1993 by L.L. No. 2-1993. Amendments noted where applicable.]
The purpose of this chapter is to require the licensing of hawkers,
peddlers and solicitors operating within the Town of Spencer in order
to protect the residents of the Town from the fraudulent and criminal
practices of unscrupulous persons posing as hawkers, peddlers or solicitors
engaged in lawful business.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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 from any vehicle standing in a street or highway, sells
or barters, offers for sale or barter any insurance policy, stock
or other certificates or carries or exposes for sale or barter any
goods, wares or merchandise, except milk, baked goods and newspapers.
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 used.
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 milk, baked goods
and newspapers) or insurance policy, stock or other certificates or
for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
It shall be unlawful for any person, within the territorial
limits of the Town of Spencer, to act as a hawker, peddler or solicitor
as herein defined without first having obtained and paid for having,
in force and effect, a license therefor.
Nothing in this chapter shall be held to apply to any sales
conducted pursuant to statute or by any court order; 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; to milk dealers, farmers and truck gardeners who
themselves or through their employees vend, sell or dispose of products
of their own farms and gardens; to any honorably discharged member
of Armed Forces of the United States who has procured a license as
provided by the General Business Law of the State of New York; to
berry pickers who sell berries of their own picking; or to persons
soliciting or collecting for any bona fide charitable organizations.
This chapter shall also not apply so as unlawfully to interfere with
interstate commerce. This chapter shall not apply to students either
enrolled in the schools located within the Town of Spencer nor to
students enrolled in schools outside the Town but residing in the
Town of Spencer engaged in the sale of articles through school organizations.
This chapter shall not apply to residents of the Town of Spencer conducting
sales commonly known as "garage or yard sales," provided that such
are conducted only on their own property.
A.
Every applicant for a license as herein provided shall submit to
the Town Clerk a written application, under oath, setting forth the
following information:
(1)
That he is a citizen of the United States.
(2)
That he has never been convicted of a felony or misdemeanor (or if
so, giving the details).
(3)
A detailed statement of the particular business, trade or occupation
for which the license is requested.
(4)
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.
(5)
The kinds of goods, wares and merchandise he desires to sell or the
kind of service he desires to render.
(6)
The name, address and age of the applicant.
(7)
The name and address of the person, firm or corporation he represents.
(8)
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.
(9)
Such other information as may be required by the Town Clerk.
B.
The applicant shall also furnish the names of two persons as character
references and also a passport-size photograph taken within two months
preceding the application.
Upon the filing of the application as provided in the preceding section, the Town Clerk shall, upon approval by the Clerk of such application, issue to the applicant a license as provided in § 106-3, 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. 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. Such license shall automatically expire on January 1 following the date of issuance of such license, but such license may provide for an earlier expiration date. No license shall be granted to a person under 18 years of age. 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 no longer exists. 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.
[Amended 4-14-1998 by L.L. No. 1-1998]
The license fee to hawkers, peddlers or solicitors shall be
as set forth from time to time by resolution of the Town Board.[1] The fee shall be waived for applicants who reside in the
Town of Spencer.
[1]
Editor's Note: The Fee Schedule is on file in the Town
Clerk's office.
The Town Supervisor may, after notice to the licensee and after
holding a hearing before the Town Board of Councilmen and Councilwomen,
for a violation of this chapter or any other ordinance or local law,
revoke such license. 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 or reasons therefor, in writing, shall be
served by the Town Supervisor 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 or 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.
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 the 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 shall act as a hawker, peddler or solicitor,
as herein defined, without a license, shall commit an offense against
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
be guilty of a violation and shall, upon conviction, be punished by
a fine of not more than $250 or by imprisonment for not more than
15 days, or both, and each day on which such offense continues shall
constitute a separate violation.
