Town of Lafayette, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of LaFayette 8-8-1994 by L.L. No. 2-1994. Amendments noted where applicable.]
The purpose of this chapter is to protect the residents of the Town of LaFayette 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:
ESTABLISHED BUSINESS
A person, firm or corporation who or which carries on its business from a property or a structure located in the Town of LaFayette, either owned or leased for a period greater than six weeks by said person, firm or corporation.
HAWKER OR PEDDLER
One who sells tangible commodities from house to house, or on the street, or in any public place, whose sales are not made from one established location which is privately owned or rented, and who makes delivery at the time of sale. Whether or not the purchase price is collected at the same time is immaterial for the purposes of this chapter.
SOLICITOR AND CANVASSER
One who takes orders for future deliveries, or for intangible services, or solicits subscriptions, in public places or from door to door and not from an established business or on private property. This does not include or apply to one who solicits orders or funds by telephone.
The following are exempt from the provisions of this chapter:
A. 
Peddling of farm produce by farmers and persons who produce such goods or employees of said producers.
B. 
Delivery or sale of newspapers.
C. 
Local organizations' legitimate fund-raising.
D. 
Apple picking and sales.
E. 
Flower and plant sales.
F. 
Garage sales.
G. 
Charitable organizations' legitimate fund-raising.
H. 
School students' fund-raising.
I. 
Political campaigning.
J. 
Any other exemption allowed by state or federal law.
It shall be unlawful for any person within the Town of LaFayette to act as a hawker, peddler, solicitor or canvasser without first having obtained and paid for a license. Every licensee, while plying his trade, shall carry the license with him and shall display it upon demand to any police officer, Town constable or citizen.
A. 
Any person desiring to conduct the business of a peddler, hawker, solicitor or canvasser within the Town shall first file a written application for a license to conduct such business with the Town Clerk. Such application shall be on a form provided by the Town.
B. 
The fee for said license shall be set from time to time by the Town Board.
[Amended 12-8-2020 by L.L. No. 2-2020]
A. 
Within three weeks of the receipt of the application and payment of the fee, the Town Clerk shall issue a license to the applicant. A license shall not be issued if the application is incomplete or for a specific reason for the protection of public safety, health, morals or general welfare. A license shall not be assignable.
[Amended 12-8-2020 by L.L. No. 2-2020]
B. 
No license shall be granted if:
(1) 
The applicant is under 18 years of age.
(2) 
The applicant has previously been refused a license or has had one revoked, unless the applicant can show that the reason for the prior refusal or revocation no longer exists.
C. 
Renewal of a license must be commenced at least 60 days before the expiration of the existing license. A renewal form will be supplied by the Town Clerk who shall also collect the renewal fee, which shall be set from time to time by the Town Board. A renewal shall be for a period of 12 months.
[Amended 12-8-2020 by L.L. No. 2-2020]
A license issued pursuant to this chapter may be revoked after notice to the licensee and hearing held by the Town Board, for good cause shown, which shall include, but not be limited to, a violation of any federal, state or local law or ordinance. Notice of said hearing shall be in writing and mailed to the licensee at the address given on the application form. The notice shall also include the reason(s) for the revocation.
It shall be the duty of the Town Clerk to keep a record of all applications, licenses granted, revocations, notice or revocation hearings and any other documents the Town Board may deem necessary.
[Amended 12-8-2020 by L.L. No. 2-2020]
Any person who shall act as a hawker, peddler, solicitor or canvasser without a license or after his license was revoked shall be in violation of this chapter. Upon conviction of said violation, he shall be punishable as set forth in Chapter 1, Article II, General Penalty, of the Town Code.