[HISTORY: Adopted by the Town Board of the
Town of Gates 4-19-1982 by L.L.
No. 1-1982; amended in its entirety 1-4-2016 by L.L. No. 1-2016.
Subsequent amendments noted where applicable.]
This chapter shall hereafter be known and may be cited as the
"Peddling, Vending and Soliciting Law of the Town of Gates."
A.
The merchandising and/or soliciting of goods, money
or services within the Town of Gates and/or along the public highways
in said Town has or may subject its inhabitants to unscrupulous practices,
annoyance and danger. The purpose of this chapter is to provide for
the licensing and regulation of persons engaged in such activities
in order that the peace, health, safety, welfare and good order of
the Town and its inhabitants shall not be endangered or unduly disturbed.
B.
The parking of vehicles, carts or other receptacles
and/or the placing for display or sale of goods, wares or merchandise
at or near street intersections and/or along or in close proximity
to the edge of pavement of streets in the Town of Gates does or may
create distractions to the motoring public and others and has or may
cause obstruction to traffic and to the required clear vision zone
at intersections, and cause traffic accidents. The purpose of this
chapter is to further regulate the merchandising of goods, wares and
merchandise along the public highways in the Town of Gates.
As used in this chapter, the following terms
shall have the meanings indicated:
A person doing business through the act of renting a room
or suite of rooms in a hotel, motel or inn, commercial building or
private dwelling or open space, including a parking lot, for temporary
occupancy for the purpose of using said premises to sell, offer for
sale or solicit orders for goods, services, merchandise or money to
or from members of the public.
A permanent building, store or depository in which or where
the person transacts business and deals in goods, wares, commodities
or services from where a person peddles, vends or solicits in the
ordinary and regular course of business.
Any person using a large vehicle or a portable food kiosks
or food carts equipped to cook and sell food. Some, including ice
cream trucks, sell frozen or prepackaged food; others have on-board
kitchens and prepare food from scratch.
Except as hereinafter expressly provided, any person, either
principal or agent, who, from any public street or public place or
by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barter or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, water and newspapers.
The selling, bartering or trading of or offering to sell,
barter or trade any goods, wares, commodities or services or the taking
of orders therefor.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
Any person who goes from place to place or house to house
or stands in any street or public place taking or offering to take
orders for goods, wares or merchandise, books, magazines, periodicals
or any other item or items of value (except newspapers or milk) or
for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
The term "solicitor" shall, however, also mean and include any person
requesting funds for any cause whatsoever.
A store, room, building, tent, enclosure, parking lot or
structure of any kind intended to be used or occupied for the period
of time necessary to peddle, vend or solicit the merchandise sold
therein. In all prosecutions for the violation of this chapter, the
intent of the defendant to conduct an established place of business
shall be a material fact, and the burden of proving such intent shall
be upon the defendant in such prosecution.
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of any court.
(2)
Any person selling personal property at wholesale to dealers in such
articles.
(3)
The peddling of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities.
(4)
Any honorably discharged member of the armed forces who is physically
disabled as a result of the injuries received while in the service
of said armed forces and the holder of a license issued by the County
Clerk as provided by § 32 of the General Business Law of
the State of New York, as amended or changed.
B.
Exempt organizations.
(1)
Nonprofit organizations. Nonprofit organizations and persons working
for such organizations shall be exempt from the requirement of procuring
a license. However, such organizations shall be subject to the application
fee and shall register annually by the application process with the
Town Clerk in the event that they plan to engage in vending, hawking,
peddling or soliciting and shall indicate the type of activities to
be undertaken and the time when they will be performed. At the time
of application, such organizations shall also offer proof of their
nonprofit status as being organized under Section 501C(3) of the Internal
Revenue Code of 1986, as amended, and that such organizations maintain
a chapter or local organization within Monroe County. Proof should
be submitted in the form of evidence of nonprofit filing from the
Department of State in the state in which the organization has incorporated.
(2)
Children's, veterans' and fraternal organizations. A child
residing in the Town and regularly attending any public school district
or parochial or private school located, in whole or in part, within
the County of Monroe, or a member of a veteran's organization or fraternal
organization, provided that such organization has and maintains a
chapter, post, lodge, camp or other group within Monroe County, is
exempt from the provisions of this chapter, provided that any person
coming within the provisions of this exemption shall only peddle,
vend or solicit in connection with an authorized activity of the organization
of which he or she is a member or of the school which he or she attends.
(3)
Veterans. Any honorably discharged member of the armed forces who
is a resident of this state and a veteran of any war, or who shall
have served in the armed forces of the United States overseas, and
the surviving spouse of any said veterans, are exempt from the application
and license fees.
C.
Interstate commerce. This chapter shall not apply so as to unlawfully
interfere with interstate commerce.
D.
Certificate of compliance for exemptions. When the applicant shall
have established to the satisfaction of the Town Clerk that he or
she is entitled to one or more of the above exemptions, the Town Clerk
shall issue to him or her a certificate of compliance stating, among
other things, that such person has complied with the requirements
of this section. Such certificate shall be carried with the person
exercising it and shall be exhibited upon demand. All certificates
issued pursuant to this chapter shall be issued for a period not to
exceed one year, nor a shorter term than three months, but in any
event shall expire on the 31st day of December following the date
of issuance. The securing of any such certificate by fraud or misrepresentation
by any person not in fact entitled to one or more exemptions shall
constitute a violation of this chapter.
It shall be unlawful for any person within the corporate limits
of the Town to act as a hawker, peddler or solicitor or food truck/cart
vendor as herein defined or assist the same without first having obtained
and paid for and having in force and effect a license therefor and
having received a solicitor's permit.
A nonrefundable application fee must be submitted to the Town
Clerk prior to receiving an application for a license. Said fee shall
be established from time to time by resolution of the Town Board.
All funds are to be cash, certified check, money order or credit card.
A.
Any person desiring to procure a license as herein provided is required
to furnish the appropriate application fee and file a written application
upon a form furnished by the Town Clerk. Along with submission of
the written application, the applicant(s) will be subject to a police
background check for each person to be soliciting within the Town.
The police check will be included as part of the application fee and
will be returned to the Town Clerk's office to be included with
the application. Such application shall be given to the Town Clerk
at least two weeks in advance of the first day of solicitation and
shall contain the following information:
(1)
The quantity of vehicles and the vehicle identification number, copy
of the vehicle registration, plate number, model and make of each
vehicle to be used by the applicant in carrying on the business for
which the license is desired.
(2)
Annual Rochester Fire Department certification and inspection for
all food truck/cart vendor vehicles and equipment.
(3)
The kind of goods, wares and merchandise he or she desires to sell
or the kind of service he or she desires to perform.
(4)
The method of distribution.
(5)
The name, permanent business address, business telephone number and
age of the applicant.
(6)
Whether or not the applicant and each solicitor associated therewith
has been charged of a misdemeanor or felony and, if so, give the disposition
of each such charge.
(7)
A police background check of each person to be soliciting within
the Town.
(8)
An appended letter of authorization including the name and address
of the person, firm or corporation he or she represents.
(9)
The length of time the applicant desires the license; such a license
shall not be issued for a longer term than one year nor a shorter
term than three months.
(10)
A written, detailed description of the specified proposed plan
of operations to be used by the applicant.
(11)
Any violation(s) of this chapter or any comparable laws, ordinances,
statutes, rules, orders or regulations of any other municipality or
of the State Door-to-Door Sales Protection Act, Personal Property
Law § 425 et seq., within the past 10 years, by the applicant
or any individuals employed by or on behalf of the applicant as a
vendor, solicitor or peddler.
(12)
Such other information as may be required by the Town Clerk
to determine the veracity or to clarify any of the prior statements
required in this subsection.
B.
If applicable, such application shall be accompanied by a certificate
from the Sealer of Weights and Measures certifying that all weighing
and measuring devices to be used by the applicant have been examined
and approved.
C.
If applicable, such application shall be accompanied by proof of
a professional license held if said license must be used in conjunction
with the solicitation.
A.
Application. Except for those organizations which are exempt as outlined
in this chapter, the Town Clerk shall issue a license pursuant to
a valid application for peddling and soliciting.
B.
Use. 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 each be guilty of a
violation of this chapter.
C.
Contents. All licenses shall be filed in the Town Clerk's office
and shall state clearly the kind of vehicle, if any, to be used and
the kind of goods, wares or merchandise to be sold or service to be
rendered, the dates of issuance and expiration of the license, the
fee paid and the name and address of the licensee.
D.
Display. Every licensee, while exercising his or her license, shall
carry the license with him or her and shall exhibit the same upon
demand or, if engaged in telephonic solicitation, shall, upon each
completed call, immediately state his or her name and address and
number of his or her license.
All licenses issued pursuant to this chapter shall be issued
for a period not to exceed one year, nor a shorter term than three
months, but, in any event shall expire on the 31st day of December
following the date of issuance.
License fees, as established from time to time by resolution
of the Town Board, shall be paid to the Town Clerk for the license
herein required.
A.
Unlawful sales. A hawker, peddler or solicitor shall not falsely
or fraudulently misrepresent the quantity, character or quality of
any article offered for sale or offer for sale any unwholesome, tainted
or diseased provisions or merchandise.
B.
Sanitary conditions. A hawker, peddler or solicitor shall keep the
vehicles and receptacles used by him or her in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C.
A person shall not stand, hawk, peddle or solicit or solicit funds
on the premises of any business establishment, shopping center or
mall without the written consent of the owner or individual agency
or organization responsible for the management and/or operation of
the same.
D.
Noises. A hawker, peddler or solicitor shall not blow a horn, shout
or cry out or use any other noisy device so as to create a public
nuisance.
E.
Obstructions. A hawker, peddler or solicitor shall not create or
maintain any booth or stand or place any barrel, boxes, crates or
other obstructions upon any street, sidewalk, right-of-way, or public
place for the purpose of selling or exposing for sale any goods, wares
or merchandise.
F.
Measuring devices. A hawker, peddler or solicitor shall not use any
weighing or measuring device unless the same shall have been examined
and sealed by the County Sealer of Weights and Measures.
G.
Hours. A hawker, peddler or solicitor may not sell or vend within
250 feet of any school property between the hours of 8:00 a.m. and
4:00 p.m. on school days, nor enter upon private property for the
purpose of peddling or soliciting before the hour of 9:00 a.m. or
after 1/2 hour before sunset of any day, except upon the prior invitation
of the householder or occupant.
H.
Prohibited places. A person shall not perform his or her respective
acts and occupations on any property owned or leased by the Town of
Gates (excluding public streets) or on any property where it is otherwise
prohibited by the owner of such property or by law unless and until
an application for a license has been submitted to the Town Clerk
and such license has been issued thereby.
I.
It shall be unlawful for any hawker, peddler or solicitor to ring
the bell or knock upon or enter any building whereon there is painted
or otherwise affixed or displayed to public view any sign containing
any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents" or other wording, the purpose of which purports to prohibit
peddling or soliciting on the premises.
J.
No person or employee thereof shall use any of the public streets
within the Town of Gates as standing places for vehicles, pushcarts,
handcarts or other receptacles for the conduct of their business or
use said streets to display goods or services offered for sale or
the taking of orders therefor.
K.
Whenever a regulated activity is to be carried on or conducted on
private property, before a license is issued for such activity, the
applicant shall provide to the Town Clerk the written permission of
the owner of such property or the individual, agency or organization
responsible for the management or operation of the same.
L.
Regulated activity involving the retail sales of merchandise or the
taking of orders therefor shall be permitted only in the zoning districts
designated GI, GB, and NB.
M.
No licensee shall park any vehicle, cart or other receptacle used
in the conduct of his business, nor display any goods, wares or merchandise,
nor display any signs advertising the same, within 35 feet of any
street intersection.
N.
No owner, lessee or tenant of corner property shall permit, and no licensee shall park any vehicle, cart or other receptacle, or display any goods, wares or merchandise, whether on public or private property, within the area of the clear vision zone, as required and defined in Article VII of Chapter 190, Zoning.
O.
No licensee, his vehicle or other receptacle used in his business
or any goods, wares, or merchandise shall remain upon or otherwise
encumber the street in front of or within 50 feet of any premises
if the owner, lessee or tenant of such premises objects thereto. Such
objection may be filed with the Town Clerk or any police officer.
P.
No licensee shall park his vehicle or other receptacle used in his
business, nor display or place any goods, wares or merchandise within
15 feet from the edge of pavement of any street in the Town of Gates.
Q.
No licensee shall operate or conduct any business within the Town
of Gates without having on his person identification, such as a driver's
license or other photo identification, other than the license issued
by the Town of Gates.
A license may be refused if the applicant shall have been convicted
of a misdemeanor or felony which, in the judgment of the Town Clerk,
renders the applicant unfit or undesirable to carry on the trade or
occupation of peddler or solicitor. The Town Clerk may also refuse
a license to any person who, in his or her judgment, shall be an undesirable
person or incapable of properly conducting such occupation. In addition,
the Town Clerk, upon consultation with the Gates Police Department
and Town Attorney, where applicable, may revoke any such license upon
his or her determination and finding that the regulations and rules
herein have been violated. Any applicant who has been refused a license
by the Town Clerk may appeal to the Town Board therefor, and the same
may be granted or refused by the Town Board.
Licenses or permits issued under provisions of this chapter
may be revoked immediately by the Town Clerk upon consultation with
the Gates Police Department and Town Attorney. If the licensee has
one or more employees, agents or contractors, the revocation hereunder
shall apply to all. Revocation may occur for the following reasons:
A.
Fraud, misrepresentation or any false statement contained in the
application for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on the business as peddler, huckster, vendor or solicitor.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving dishonesty or moral
turpitude.
E.
Conducting the licensed business in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
F.
Any breach of stipulations or conditions specified by the Town Board,
if any, or any deviation from the terms and agreements upon which
a special permit has been granted, as provided herein.
A.
Any person aggrieved by the action of the Town Clerk in the denial
of an application for a license or revocation of a license, as provided
in this chapter, shall have the right to appeal to the Town Board.
B.
Such appeal shall be taken by filing, within 14 days after notice
of the action complained of has been mailed to such person's
last known address, as shown on the application, a written statement
setting forth fully the grounds for the appeal.
C.
The Town Board shall set a time and place for a hearing on such appeal,
and notice of such hearing shall be mailed to the applicant at his
or her last known address at least five days prior to the date set
for the hearing.
D.
The granting, refusal, revocation or suspension of a license or permit
by the Town Board shall be subject to review pursuant to Article 78
of the Civil Practice Law and Rules of the State of New York. Any
such Article 78 proceeding must be commenced within 30 days of the
mailing of notice of the action sought to be reviewed.
Any person denied a license or registration or whose license or registration has been revoked in accordance with § 140-13 of this chapter shall be ineligible to apply for a new license for a period of six months from the date of such refusal or revocation, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.
A.
Any offense against any provision of this chapter shall be punishable
by a fine not less than $50 nor more than $250 or by imprisonment
for not more than 15 days, or both.
B.
Each day an offense continues shall be deemed a separate offense.
C.
In addition to the above penalties, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any offense against any provision of this chapter.
