[HISTORY: Adopted by the Town Board of the Town of Pine Plains 3-21-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
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:
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.
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.
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.
A.
Any person desiring a license, as herein provided, shall file with
the Town Clerk a written application therefor, duly verified by the
applicant upon blank forms provided by the Town Clerk. A license may
be taken out only by an individual and not in the name of a firm,
corporation, association, club, or other group. Such application shall
include, but not be limited to, the following information:
(1)
Name, address, date of birth, social security number, tax identification
number and motorist identification number of said person; and the
name of such corporation, firm, association, club, partnership or
any other organization involved.
(2)
A description of the type of goods, wares and/or merchandise that
the applicant wishes to sell or solicit orders for.
(3)
A description of the vehicle that the applicant will use in carrying
out his/her business or occupation.
(4)
Owner of vehicle, registration, and insurance details thereof.
(5)
County Health Department permit number, if a food vendor.
(6)
If peddling or soliciting for a corporation, date of incorporation,
state in which it is incorporated and name, address, date of birth,
and social security number of all officers and majority stockholders.
(7)
Whether applicant has ever been convicted of a crime and, if so,
under what name, with a listing of such convictions, including crime,
jurisdiction, date and sentence imposed.
B.
Such application shall also be accompanied by three photographs,
two inches by two inches in size, taken within 30 days prior to the
date of filing of the application; full face on white background.
C.
Each person seeking a license shall submit a set of fingerprints
on a form approved by the Pine Plains Police Department.
D.
The applicant shall provide a certificate of insurance with his/her
application in the amount of $1,000,000 absolving the Town and any
of its officers or employees from any negligence or claims arising
from the activity of the vendor and naming the Town as a named insured.
E.
Such application shall also be accompanied by a nonrefundable application
fee of $250. If the application is approved, this fee shall become
the license fee for a period of one year.
[Added 7-20-2000 by L.L.
No. 2-2000]
A.
The Police Department shall investigate all applications and shall,
thereafter, issue or deny said license to the applicant.
B.
The Police Department shall refuse issuance of a license to any person
who has been convicted of a felony.
C.
The date of issuance and expiration of the license, as well as the
purpose for which it has been issued, shall be set forth on the face
thereof.
D.
The license shall be carried on the person of the licensee at all
times while being exercised, and shall be exhibited by the licensee
to any person on demand therefor. A picture of the applicant shall
appear on the valid license, with the Town Seal imprinted on same.
E.
The license shall not be transferable or assignable. In the event
that a licensee shall permit any person other than himself/herself
to possess or use such license, such license shall automatically be
revoked, and the licensee shall thereby be guilty of violating this
chapter and no application for a further license may be made for period
of one year from the date of revocation.
F.
The license is good only for the purposes stated thereon, and any
change of product being sold or offered for sale, without written
consent from the Police Department, shall constitute cause for revocation
of the license, and the licensee shall thereby be guilty of violating
this chapter, and no application for a further license may be made
for a period of one year from the date of revocation. If a Board of
Health or other county permit is required, the sale of a product not
covered by such permit shall be a violation of this chapter, and no
application for a further license may be made for a period of one
year from the date of revocation.
G.
An applicant who has had a license denied or revoked by the Police
Department may appeal to the Town Board in writing within 30 days
of the denial. The Town Board will thereafter hold a public hearing
to review the determination of the Police Department.
A.
Peddlers or solicitors shall not:
(1)
Enter upon private or public property for the purpose of soliciting
or peddling before the hour of 9:00 a.m. or after the hour of 7:00
p.m. on any day, except upon the express invitation of the householder
or occupant.
(2)
Resort to deceptive acts or practices, physical abuse, threats, intimidation
or harassment in the course of conducting their business, or offer
for sale any provision, food or merchandise that is unwholesome, unfit,
or is otherwise harmful to the user or consumer thereof.
(3)
Stand or remain, or permit any vehicle used in such business to stand
or remain, for more than 10 consecutive minutes on the same street
or place or 100 yards from said place, or for more than 15 minutes
of any hour on any public place or street.
(5)
Peddle or solicit on private or public property which has displayed
a sign bearing the words "No Peddling or Soliciting" or words of like
intent; nor shall any licensee remain on the premises after the owner
or occupant thereof shall have requested said licensee's departure
therefrom.
(6)
Have any exclusive right to a location in the public street, nor
shall any be permitted a stationary location for more than 10 minutes,
nor shall any be permitted to operate in a congested area where such
operation might impede or inconvenience the public. For the purpose
of this chapter, the judgment of any police officer, exercised in
good faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
(7)
Cry his or her wares, or make use of bells, whistles or other noise.
(8)
Undertake any activities at the Town recreational facilities without
separate authorization of the Town Board, and upon such additional
terms, conditions and fees as it may impose.
B.
Such license shall include the right to use only one vehicle of conveyance
in carrying out the business for which the person is licensed.
C.
Such license shall not be construed so as to create any rights which
supersede any applicable ordinances or local laws.
D.
All orders taken by a licensed solicitor or peddler, for which he
or she demands, accepts or receives payment, or deposit of money in
advance of final delivery, shall be in writing, in duplicate, stating
the terms thereof, and said amount paid in advance; and one copy shall
be given to the purchaser at the time the deposit of money is paid
to the solicitor or peddler. Such orders can be taken only in compliance
with applicable state and federal laws and Federal Trade Commission
rulings, and nothing herein shall be taken to waive such restrictions.
Vendors shall not:
A.
Park a vehicle or cart, from which goods are sold or orders taken,
on any of the streets in the Town of Pine Plains or public property.
B.
Create, erect or maintain any booth or stand, or place any barrels,
boxes, crates or other container upon any street, or public or private
property, for the selling or exposing for sale of any goods, wares,
or merchandise.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Police Department of the Town of Pine Plains for cause, after
written notice, including, but not limited to, the following:
(1)
Fraud, misrepresentation or false statements in the application for
the license.
(2)
Fraud, misrepresentation or false statements in the course of carrying
out the applicant's trade, business, or occupation.
(3)
Any violation of any local law.
(4)
Conviction of any felony.
(5)
Conducting the licensed business, trade or occupation in an unlawful
manner, or in such a way as to breach the peace or to constitute a
menace to the health, safety or welfare of the public.
B.
In the event that such license is revoked, the fee is nonrefundable.
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.
