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:
A. Preserve the peace, safety and general welfare of the Town of Milo
and its inhabitants; and
B. Prevent fraud, crime and unethical and dishonest business practices
of peddlers, solicitors and/or transient merchants; and
C. 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
D. 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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
A person who applies for a license for a peddler, solicitor
and transient merchant.
APPROVED
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.
COUNTY
Yates County, New York.
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.
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.
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.
OWNER
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.
PERSON
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.
PUSHCART
This term shall bear the same meaning as "pushcart" that
is defined in Part 14, Subpart 14-4, of the Sanitary Code of NYS.
ROAD
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.
SCHOOL
Any building or part thereof that is designed, constructed
and/or used for education and/or instruction in any branch of knowledge.
SOLICITOR
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.
TOWN
The Town of Milo, New York.
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.