This chapter shall be known and may be cited as the "Peddlers, Solicitors and Transient Merchants Law of the Town," hereinafter referred to as "this chapter."
It is the intent of the Town Board to regulate the activities of peddlers, solicitors and transient merchants in order to:
Preserve the peace, safety and general welfare of the Town of Milo and its inhabitants; and
Prevent fraud, crime and unethical and dishonest business practices of peddlers, solicitors and/or transient merchants; and
Adequately protect motorist and pedestrian safety by prohibiting any person from occupying any part of a road, including its associated right-of-way, for the purpose of acting and/or conducting business as a peddler, solicitor and/or transient merchant as mandated by § 1157 of the Vehicle and Traffic Law of New York State (hereinafter NYS); and
Encourage the creation of and help to sustain established place of businesses within the Town, recognizing that such establishments require both substantial initial investment as well as substantial continuing maintenance expense, and to protect entrepreneurs willing to make such investments in the Town.
This chapter shall govern the activities of peddlers, solicitors and transient merchants being conducted within the Town which is conducted outside of the Village of Penn Yan.
Exemptions. Exemptions from this chapter shall not be deemed to grant authorization for any actions to be done in any manner that would constitute a violation of any law.
This chapter shall not apply to any action permitted by statute or by an order of any court.
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
This chapter shall not apply to any candidate for elective or party office or person acting on behalf of any such candidate or for a recognized political party, in obtaining signatures on petitions, distributing literature or otherwise promoting the candidacy of any such candidate or seeking support of any position advocated by such candidate or party.
This chapter shall not apply to any person issued a license by the County Clerk to hawk, peddle, vend and sell goods, wares or merchandise, or solicit as prescribed in § 32 of the General Business Law of NYS.
This chapter does not apply to any person selling farm produce as prescribed in § 81 of the General Municipal Law of NYS.
This chapter shall not apply to any person who is conducting legitimate religious activities, provided that such activities are carried out in an orderly manner without annoyance or harassment to the persons solicited or in any way disturbing the peace or creating a public or private nuisance.
This chapter does not apply to any person, which such person is under the age of 10 years, operating a lemonade stand or similar activities at his or her legal residence.
This chapter does not apply to any person selling his or her used household goods and clothing, which was not initially purchased for resale, at yard and lawn sales at his or her legal residence (e.g., yard sale by occupant).
This chapter does not apply to any person peddling or soliciting at the express invitation of the person solicited (e.g., Avon and The Pampered Chef).
This chapter does not apply to any sales conducted by a wholesaler who is selling goods, wares or merchandise to a person who has an established place of business within the Town (e.g., Sysco).
This chapter does not apply to any sales conducted by merchants having an established place of business within the Town or their employees for soliciting orders from customers and delivering the same (e.g., Long's Cards and Books and Pinckney's Hardware).
This chapter does not apply to any sales conducted or authorized by nonprofit organizations having offices in the county, the proceeds of which shall be used for charitable or organizational purposes.
This chapter does not apply to any sales conducted by a person under the age of 18 years representing local nonprofit organizations (e.g., Boy/Girl Scouts of America and 4-H).
This chapter does not apply to any sales conducted at an approved special event such as but not limited to the Yates County Fair, Keuka Arts Festival, outdoor circuses, carnivals, flea markets, menageries or exhibitions of natural or artificial curiosities, or a farmers' market.
This chapter does not apply to any vendor of bakery products, eggs, groceries, heating fuel, ice, milk, newspapers and/or similar goods, wares or merchandise who distribute such items to regular contracted customers on established routes (e.g., Schwan's and The Chronicle Express).
By the authority granted by §§ 136 and 137 of the Town Law of NYS, the Code Enforcement Officer is authorized and empowered by the Town Board to deny, issue or revoke a license for a peddler, solicitor and transient merchant to any person acting and/or conducting business as a peddler, solicitor and/or transient merchant.
Scope. Unless otherwise expressly stated, the following abbreviations, acronyms and definitions shall, for the purpose of this chapter, have the meanings shown in this chapter.
Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
Terms defined in other codes. Where the terms are not defined in this chapter and are defined in local, state or federal law, such terms shall have the meanings ascribed to them as in such law.
Terms not defined. Where terms are not defined by the methods authorized by this chapter, such terms shall have the ordinarily accepted meanings such as the context applies.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who applies for a license for a peddler, solicitor and transient merchant.
- Acceptable to the Code Enforcement Officer or any other AHJ.
- AUTHORITY HAVING JURISDICTION (AHJ)
- An organization, office or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town.
- Yates County, New York.
- COUNTY CLERK
- The County Clerk of County.
- CRIMINAL HISTORY RECORD
- A record of all convictions of crimes and any pending criminal charges maintained on an individual by the NYS Division of Criminal Justice Services.
- DESIGNATED APPROVAL AUTHORITY
- An AHJ that has been charged with the review and approval of applications as prescribed by this chapter.
- ESTABLISHED PLACE OF BUSINESS
- An approved building or structure in which or where a person transacts business and deals in food, goods, wares, merchandise and/or services in the ordinary and regular course of business which shall be in operation for at least 90 continuous days.
- JUSTIFIABLE CAUSE
- A reasonable ground for belief that certain alleged facts exist and those facts would induce a prudent public officer, acting within the scope of his or her duties, to believe a cause for the extension of an application, certificate, license, notice, order or permit is appropriate and proper.
- LAW ENFORCEMENT AGENCY
- A law enforcement agency having jurisdiction within the Town.
- LICENSE FOR A PEDDLER, SOLICITOR AND TRANSIENT MERCHANT
- A license issued pursuant to Article III of this chapter. This term shall also include a license which is renewed, amended or extended pursuant to any provision of this chapter.
- MOBILE FOOD SERVICE ESTABLISHMENT
- This term shall bear the same meaning as "mobile food service establishment" that is defined in Part 14, Subpart 14-4, of the Sanitary Code of NYS.
- NOTICE OF VIOLATION
- An order issued by the Code Enforcement Officer pursuant to this chapter.
- Any person, agent, operator, firm or business entity having a legal or equitable interest in the property as recorded in the official records of the County as holding title to the property.
- PEDDLER (aka, HAWKER)
- Any person, whether a resident of the Town or not, who goes from house to house, from place to place, or from road to road, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers at the time it is offered for sale.
- A natural person, heirs, executors, administrators or assigns, and includes a firm or business entity, its or their successors or assigns, or the agent of any of the aforesaid.
- PLACE OF WORSHIP
- Any building, together with its accessory structures and uses, where persons regularly assemble for religious worship, and which building is maintained and controlled by a religious body organized to sustain public worship.
- This term shall bear the same meaning as "pushcart" that is defined in Part 14, Subpart 14-4, of the Sanitary Code of NYS.
- A public or private way which permits conducting of vehicular traffic and/or affords the primary means of access by vehicles and pedestrians to abutting lots, which shall include the entire area within the right-of-way.
- Any building or part thereof that is designed, constructed and/or used for education and/or instruction in any branch of knowledge.
- Any person, whether a resident of the Town or not, who goes from house to house, from place to place, or from road to road, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders.
- STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
- The rules, regulations and procedures set forth in Part 617 of Title 6 of NYCRR, which implements Article 8 of the Environmental Conservation Law of NYS, where such state law establishes the requirement for environmental review of actions approved, funded or directly undertaken by state or local government.
- The Town of Milo, New York.
- TOWN ATTORNEY
- The Town Attorney of the Town.
- TOWN BOARD
- The Town Board of the Town.
- TRANSIENT MERCHANT
- Any person, both as principal and agent, who engages in, do, or transacts any temporary and transient business in NYS, either in one locality, or in traveling from place to place in NYS, selling goods, wares, or merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, vacant lot, railroad car, trailer or similar type of land and/or vehicle for the exhibition and sale of such goods, wares, or merchandise. Such person intends to remain in business at any one location for a limited period of time but shall not exceed five calendar days.
- USE, RESIDENTIAL
- Detached one- and two-unit dwellings and townhouses not more than three stories in height as well as their accessory structures.