The business of vending merchandise and refreshments in the
public streets, sidewalks, places and from door to door in the Town
of Pine Plains should be regulated to protect the public health, safety
and welfare of the inhabitants of the Town of Pine Plains, to prevent
congestion of traffic and travel, to minimize traffic hazards and
to maintain the residential character of residential neighborhoods.
As used in this chapter, the following terms shall have the
meanings indicated:
PEDDLER
Any person, either principal or agent, who from any public
street or public place or by going from house to house, on foot or
on or from any vehicle, sells or barters, offers for sale or barter,
or carries or offers for sale or barter any goods, wares or merchandise,
books, magazines, periodicals or any other item or items of any description
or value, except milk, newspapers and food distributed on regular
customer routes.
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 also mean and include any person 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 at the home or residence of any person who has
been solicited prior thereto by telephone, or has responded to any
type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
VENDOR
Any person who parks a motor vehicle on or near a public
street in connection with the operation of selling merchandise and/or
refreshments.
It shall be unlawful for any person to engage in the sale of
goods, merchandise, services or contracts of any description or in
the collection of money within the Town of Pine Plains for the same
without first having duly obtained and having in force a license as
herein provided.
Nothing in this chapter shall be deemed to apply to any of the
following:
A. Any person acting as a dealer in milk, bakery products, heating fuel
or newspapers.
B. Fee and licensing requests shall be waived for any person soliciting
or collecting for any bona fide school, charitable service or religious
organization situated in the Town of Pine Plains.
C. A license shall not be required:
(1) For any holder of a license granted pursuant to § 32 of
the General Business Law.
(2) For any honorably discharged member of the Armed Forces who is disabled
as the result of an injury received while in the naval or military
service of the United States.
(3) For those acting as foot peddlers in parades or other community celebrations.
A fee of $10 may be assessed per day for each such peddler.
(4) For those participating in an event sponsored or operated by a bona
fide charitable service and/or religious organization.
The Town Clerk shall keep an accurate record of all licenses
issued under this chapter.
Any violation of this chapter shall be punishable by a fine
of not more than $250 or up to 15 days in jail, or both. Each day
on which such violation continues shall constitute a separate offense.
Provided that such application is made before the prior license
has expired, a license issued under the terms of this chapter may
be renewed by the Police Department for a fee of $250. The fee shall
not be refundable.