[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:
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.
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.
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]
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]
