This chapter shall be entitled "Local Law Regulating Peddlers
and Solicitors within the Town of Verona."
As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where the person
transacts business and deals in the goods, wares and merchandise he
hawks, peddles or solicits for during regular business hours on a
daily basis.
HAWKER AND PEDDLER
Includes, 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 barters, 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, newspapers and food distributed on regular
customer routes.
SOLICITOR
Includes any person who goes from place to place or house
to house or by telephone 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 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.
It shall be unlawful for any person within the corporate limits
of the Town to act as a hawker, peddler or solicitor as herein defined
or assist same without first having obtained and paid for and having
in force and effect a license therefor.
An application for a license as a solicitor who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a cash deposit of $5,000 or a surety
company bond of $5,000 or other bond secured by sufficient collateral,
said bond to be approved by the Town Attorney as to form and surety
conditioned for making a final delivery of the goods, wares or merchandise
ordered or services to be performed in accordance with the terms of
such order or failing therein, that the advance payment on such order
be refunded. Any person aggrieved by the action of any licensed solicitor
shall have the right by action on the bond for the recovery of money
or damages or both. Such bond shall remain in full force and effect,
and in case of a cash deposit, such deposit shall be retained by the
Town for a period of 90 days after the expiration of any such license,
unless sooner released by the Town Board.
A license shall not be assignable. Any holder of any 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.
Whenever a license shall be lost or destroyed on the part of
the holder or his agent or employee, a duplicate in lieu thereof,
under the original application and bond may be issued by the Town
Clerk upon the filing with him by the licensee of an affidavit setting
forth the circumstances of the loss, and what, if any, search has
been made for its recovery.
All licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in that order
in which they are issued, and shall state clearly the kind of vehicle
to be used, the kind of goods, wares and merchandise to be sold or
service to be rendered, the number of his license, the date of issuance
and expiration of the license, fee paid and the name and address of
the licensee.
Such license shall be for such term as requested by the applicant
but shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his license, shall carry the
license with him and shall exhibit the same upon demand.
[Amended 5-4-1998 by L.L.
No. 1-1998]
The license fee shall be as set by resolution of the Town Board
from time to time, and if the licensee shall have more than one person
to whom or vehicle for which, he desires a license issued, there shall
be an additional fee as set by resolution of the Town Board from time
to time for each license issued.
A license issued pursuant to this chapter may be revoked after
a public hearing as provided in Article 9 of the Town Law.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, made in duplicate, stating the terms thereof and the
amount paid in advance, and one copy shall be given to the purchaser
at the time the deposit is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all
applications and of all licenses granted under the provisions of this
chapter giving the number and of each license, the fee paid and the
date of revocation of all licenses revoked.
A violation of any provision of this chapter is hereby declared
to be a violation and shall be punishable by a fine not exceeding
$250 or imprisonment of not more than 15 days, or both.