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.Â
Preserve the peace, safety and general welfare of the Town of Milo
and its inhabitants; and
B.Â
Prevent fraud, crime and unethical and dishonest business practices
of peddlers, solicitors and/or transient merchants; and
C.Â
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.Â
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.
A.Â
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.
B.Â
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.
(1)Â
This
chapter shall not apply to any action permitted by statute or by an
order of any court.
(2)Â
This
chapter shall not apply so as to interfere unlawfully with interstate
commerce.
(3)Â
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.
(4)Â
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.
(5)Â
This
chapter does not apply to any person selling farm produce as prescribed
in § 81 of the General Municipal Law of NYS.
(6)Â
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.
(7)Â
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.
(8)Â
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).
(9)Â
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).
(10)Â
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).
(11)Â
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).
(12)Â
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.
(13)Â
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).
(14)Â
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.
(15)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
|
Abbreviation/Acronym
|
Term
|
|---|---|
|
AHJ
|
authority having jurisdiction
|
|
AKA
|
also known as
|
|
NYS
|
New York State
|
|
NYSDOH
|
New York State Department of Health
|
|
SEQRA
|
State Environmental Quality Review Act
|
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.
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.
The Code Enforcement Officer of the Town.
Yates County, New York.
The County Clerk of County.
A record of all convictions of crimes and any pending criminal
charges maintained on an individual by the NYS Division of Criminal
Justice Services.
An AHJ that has been charged with the review and approval
of applications as prescribed by this chapter.
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.
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.
A law enforcement agency having jurisdiction within the Town.
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.
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.
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.
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.
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.
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.
The Town Attorney of the Town.
The Town Board of the Town.
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.
Detached one- and two-unit dwellings and townhouses not more
than three stories in height as well as their accessory structures.
Chapter 350, Zoning, of the Code of the Town of Milo.
