This chapter is enacted for the purpose of regulating
the conduct and business practices of transient merchants within the
Town of Farmington.
As used in this chapter, the following terms
shall have the meanings indicated:
CANVASSER
A person who attempts to make personal contact with a resident
at his or her residence without prior specific invitation or appointment
from the resident for the purpose of attempting to provide information
regarding or to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate.
ITINERANT VENDOR
A person that sells goods, wares, products, business or services
from a vehicle, portable shelter, vacant building, vacant store, motel,
hotel, boardinghouse, lodging house, rooming house, structure, lot
or other location with the intent to remain in business at any one
location for a limited period of time, usually no more than three
months.
PEDDLER
Any person that is conducting a peddler activity.
PEDDLER ACTIVITY
The selling of any goods, wares, products, business or services
by going from door to door or on any public street, on any publicly
owned or maintained sidewalk or on other publicly owned, maintained
or operated property.
PERMIT
A permit issued under this chapter of the Code of the Town
of Farmington, and no other chapter, permitting a person to conduct
activities as an itinerant vendor or a peddler.
PERSON
An individual, corporation, limited liability company, partnership,
estate, trust, association, any other legal entity of any kind or
description and any principal or agent thereof.
SOLICITOR
A person that goes from place to place without prior specific
invitation or appointment from the resident or business that either
distributes an advertisement regarding a commercial or noncommercial
event or service or attempts to obtain a donation to a bona fide charitable,
educational, scientific, health, religious or veterans' organization.
The objective of these regulations is to provide control by
the Town of Farmington of peddlers and itinerant vendors doing business
within the Town of Farmington so as to protect the health, safety
and welfare of the residents and businesses within the Town and their
property.
No person shall engage in business as a peddler or itinerant
vendor unless he or she shall first have obtained a permit to do so
from the Town Clerk and the Town Code Enforcement Officer no later
than six business days before the first date of conducting business
as a peddler or itinerant vendor. The fee for this permit shall be
$100 per calendar day such person will be engaging in business as
a peddler or itinerant vendor. Separate permits shall be obtained
and paid for by each individual peddler and itinerant vendor. Upon
the issuance of a permit, the permit fee paid to the Town Clerk for
such permit shall become nonrefundable.
Nothing in this chapter shall be held to apply to any of the
following:
A. Sales pursuant to statute.
B. Sales conducted pursuant to the order by any Court.
C. Any person selling personal property at wholesale to dealers or retailers
in such articles.
D. The sale of fruits and vegetables raised on the property where being
sold.
E. Any honorable discharged member of the United States Armed Forces
who has procured a license under Article 4 of the General Business
Law of the State of New York.
F. Any person collecting or engaging in business as a peddler on behalf
of i) any bona fide charitable, educational, scientific, health, religious
or veterans' organization or ii) any other organization of worthy
cause deemed to be in the public interest by separate resolution of
the Town Board of the Town of Farmington.
G. Any person selling tangible personal property at a sale held at his
or her personal residence.
H. Any person selling Christmas trees, provided that the Town Board
of the Town of Farmington, by separate resolution, approves the location
of such sales.
I. Any person doing political campaigning for elections.
J. Any person who goes onto a property, which is owned, operated or
occupied by another person at the express invitation of such other
person for the purpose of selling any goods, wares, products, business
or services to such other person.
K. Any person serving an established customer.
L. Any canvasser or solicitor.
Chapter
165 (the Zoning Law of the Town of Farmington) of this Code shall apply to all permits granted under this chapter. The Town reserves the right to revoke any permit which violates Chapter
165, as amended.
The owner, proprietor or manager of any motel, hotel, boardinghouse, lodging house or rooming house [as such terms are defined in Chapter
165 (the Zoning Law of the Town of Farmington) of this Code] shall report, within six hours after renting, to the Town Code Enforcement Officer the name of any person who has rented a room or other space for the sale and display of goods, wares, products, business or services, giving the location of the room so rented.
The provisions of this chapter shall be enforced by the Ontario
County Sheriff's Department, the New York State Police and/or
the Town Code Enforcement Officer.