In all areas of the Town, exclusive of the Village of Penn Yan,
it shall be unlawful for any person to act and/or conduct business
as a peddler, solicitor and/or transient merchant without first having
obtained and paid for and having in force and effect a license for
a peddler, solicitor and transient merchant that has been approved
by the Code Enforcement Officer.
To obtain a license for a peddler, solicitor and transient merchant,
an applicant shall first file an application therefor in writing on
a form furnished by the Code Enforcement Officer for that purpose.
Such application shall contain all of the following:
A.
The name, address and telephone number of the applicant.
B.
The social security number of the applicant.
C.
The date of birth of the applicant.
D.
A valid state driver's license, state identification card, United
States passport, or other United States government-issued identification
card (e.g., United States military identification card).
E.
A brief description of the nature of the business and the goods,
wares or merchandise or services to be sold.
F.
Dates of peddling, soliciting or transient merchant activity.
G.
The legal address of the parcel, name of the roads or areas of the
Town where peddling, soliciting or conducting business as a transient
merchant will be conducted.
H.
Two photographs of the applicant, which shall be approximately 2 1/2
inches by 2 1/2 inches in size, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
I.
Whether the applicant has been previously licensed in any occupation,
and, if so, when, where and for what periods, and if any such previous
license was ever revoked, the date of revocation and the reason therefor.
J.
The name and address of the person, firm or corporation the applicant
represents or is employed by.
K.
The particular business, trade or occupation for which the license
is requested, including a brief description of the nature of the business
and the kind of goods, wares, merchandise or service to be sold.
L.
If a vehicle is to be used, the applicant shall provide the following:
(1)
Proof that the applicant holds a valid state driver's license.
(2)
Proof of a valid state motor vehicle registration for the vehicle
to be used.
(3)
Proof that the vehicle to be used is covered by a current liability
insurance policy and a current copy of such insurance policy or certificate
of insurance shall be attached to the application.
M.
An affidavit signed by the owner if a transient merchant is proposing
to conduct his or her operations on private or public property. Such
affidavit shall be prominently displayed at the site during hours
of operation by the transient merchant.
N.
If the application is for a license to handle food in any form, the
applicant shall submit a valid permit issued by the NYSDOH as mandated
by Part 14 of the Sanitary Code of NYS.
O.
If the applicant requires the use of weighing and/or measuring devices,
such application shall be accompanied by a certificate, not more than
six months old, from the County Sealer of Weights and Measures certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
P.
Proof that applicant holds a NYS sales tax identification number.
Q.
In the event that any other license or permit shall be required by
any other governmental agency in connection with the applicant's
business, the same shall be produced by the applicant and the Code
Enforcement Officer shall duly note the same.
R.
A criminal history record conducted by a law enforcement agency,
which such agency shall be approved by the Town Board and is listed
in Appendix A[1] of this chapter.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
S.
A bond as prescribed in this chapter, if applicable.
T.
Payment of any fees and/or incurred costs as prescribed in this chapter.
A.
Each person applying for a license for a peddler, solicitor and transient
merchant shall permit a law enforcement agency, which such agency
shall be approved by the Town Board and listed in Appendix A[1] of this chapter, to review his or her criminal history
record. Any costs and/or fees associated with such review shall be
paid by such person.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Each person applying for a license for a peddler, solicitor and transient
merchant shall permit his or her fingerprints to be taken by the law
enforcement agency and shall consent to the submission of said fingerprints
to the NYS Division of Criminal Justice Services for the processing
of a criminal history record review. Such person shall pay any costs
and/or fees prescribed by the law enforcement agency and/or NYS Division
of Criminal Justice Services for such review.
C.
Denial.
(1)
The law enforcement agency shall recommend denial of a license for
a peddler, solicitor and transient merchant and shall notify the Code
Enforcement Officer if the applicant's character or business
responsibility is found to be unsatisfactory as a result of the criminal
history record review. Any recommendation of such denial shall be
based on one or more of the following findings with respect to the
applicant:
(2)
In the absence of such findings, the law enforcement agency shall
endorse their approval and shall notify the Code Enforcement Officer.
An application for a license for a peddler, solicitor and transient
merchant by an applicant who demands, accepts or receives payment
or a deposit of money in advance of final delivery shall be accompanied
by a cash deposit of $10,000 or a surety company bond of $10,000 or
other bond secured by sufficient collateral, which said bond shall
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 shall be
refunded. Any person aggrieved by the action of any licensee 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 180 days after the expiration of any such
license, unless sooner released by the Town Board.
The Code Enforcement Officer shall examine an application for
a license for a peddler, solicitor and transient merchant and any
amendments thereto within a reasonable time after filing. If such
application does not conform to the requirements of this chapter,
the Code Enforcement Officer shall reject such application, in writing,
stating the reasons therefor. If the Code Enforcement Officer is satisfied
that the application conforms to the requirements of this chapter,
the Code Enforcement Officer shall issue a license for a peddler,
solicitor and transient merchant therefor as soon as practicable.
A.
SEQRA. An application for a license for a peddler, solicitor and
transient merchant shall be classified as a Type II action pursuant
to § 617.5(c)(19) of SEQRA.[1] A Type II action has been determined not to have a significant
impact on the environment or is otherwise precluded from environmental
review pursuant to Article 8 of the Environmental Conservation Law
of NYS.
[1]
Editor's Note: See 6 NYCRR § 617.5(c)(19).
B.
Denial of a license. A license for a peddler, solicitor and transient
merchant may be denied for any one of the following reasons:
(1)
The application does not conform to the requirements of this chapter.
(2)
The application contains inaccurate information.
(3)
The applicant is under the age of 18 years.
(4)
The applicant has a criminal history record that warrants denial
as recommended by a law enforcement agency.
(5)
The business in which the applicant proposes to engage is unlawful.
(6)
The applicant has had such license previously revoked pursuant to
this chapter.
C.
Law enforcement agency. The Code Enforcement Officer has the right
to have a law enforcement agency examine an application for a license
for a peddler, solicitor and transient merchant and any amendments
thereto to ensure the accuracy of the information provided therein
as well as compliance with the requirements of this chapter.
D.
Town Attorney. The Code Enforcement Officer has the right to have
the Town Attorney examine an application for a license for a peddler,
solicitor and transient merchant and any amendments thereto to ensure
the accuracy of the information provided therein as well as compliance
with the requirements of this chapter.
E.
Time limitation of application. An application for a license for
a peddler, solicitor and transient merchant shall be deemed to have
been abandoned 30 calendar days after the date of filing unless such
application has been pursued in good faith or a license for a peddler,
solicitor and transient merchant has been issued. However, the Code
Enforcement Officer is authorized to grant one or more extensions
of time for additional periods not exceeding 30 days each. The extension
shall be requested, in writing, by the applicant and justifiable cause
demonstrated.
The Code Enforcement Officer may include in a license for a
peddler, solicitor and transient merchant such terms and conditions
as he or she deems necessary or appropriate to protect the safety
and general welfare of the Town and its inhabitants as well as to
further the purposes and intent of this chapter.
The issuance or granting of a license for a peddler, solicitor
and transient merchant shall not be construed to be a permit for,
or an approval of, any violation of any law. A license for a peddler,
solicitor and transient merchant presuming to give authority to violate
or cancel any such law shall not be valid.
A license for a peddler, solicitor and transient merchant issued
pursuant to this chapter shall be issued for the period of time that
is requested by the applicant, but such license shall not exceed one
calendar year.
The Code Enforcement Officer is authorized to revoke a license
for a peddler, solicitor and transient merchant issued under the provisions
of this chapter when it is found by inspection or otherwise that there
has been a false statement or misrepresentation as to the material
facts in the application or documents on which such license or approval
was based, including, but not limited to, any one of the following:
A.
There have been any false statements or misrepresentations as to
the material fact in the application for a license for a peddler,
solicitor and transient merchant.
B.
The license for a peddler, solicitor and transient merchant is used
by any person other than the person to whom it was issued.
C.
The license for a peddler, solicitor and transient merchant is used
for a condition or activity other than that listed in such license.
D.
Conditions and limitations set forth in the license for a peddler,
solicitor and transient merchant have been violated.
E.
The licensee failed, refused or neglected to comply with the standards
prescribed in this chapter.
F.
The licensee failed, refused or neglected to comply with orders or
notices duly served in accordance with the provisions of this chapter
within the time provided therein.
G.
Upon the recommendation of a court of competent jurisdiction, law
enforcement agency and/or Town Attorney that a peddler, solicitor
or transient merchant has committed a crime that warrants revocation.
H.
Upon the recommendation of the NYSDOH that the sale of food or food
products or other edibles is being conducted under unsanitary conditions
or that there is a violation of law, regulation, code or ordinance
cited by the NYSDOH.
I.
The license for a peddler, solicitor and transient merchant was issued
in error or in violation of this chapter or any applicable provision
of law.
A.
Each licensee shall carry on his or her person a valid license for
a peddler, solicitor and transient merchant at all times that the
licensee is engaged in peddling, soliciting and/or conducting business
as a transient merchant. Each licensee shall clearly and visibly exhibit
the same to any person. Town official or law enforcement agency.
B.
Each vehicle by a peddler, solicitor and/or transient merchant shall
display a valid license for a peddler, solicitor and transient merchant
on its windshield or in a location totally and readily visible to
any member of the public.
If a license for a peddler, solicitor and transient merchant
is lost or stolen, the licensee shall submit written notification
to the Code Enforcement Officer within five calendar days. Upon such
notification, the Code Enforcement Officer shall issue a replacement
license at a cost to the licensee in an amount prescribed in the fee
schedule established from time to time by resolution of the Town Board.
A license for a peddler, solicitor and transient merchant issued
under the provisions of this chapter shall not be used or displayed
at any time by any person other than the person whose name and picture
appear on such license.
