This chapter shall hereafter be known and may be cited as the
"Peddling, Vending and Soliciting Law of the Town of Gates."
As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL TRAVELER
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.
ESTABLISHED PLACE OF BUSINESS
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.
FOOD TRUCK/CART VENDOR
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.
HAWKER AND PEDDLER
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.
MERCHANDISING
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.
PERSON
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
SOLICITOR
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.
TEMPORARY OCCUPANCY
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.
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.
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 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.
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.