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.
G. Charitable organizations' legitimate fund-raising.
H. School students' fund-raising.
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 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.