[HISTORY: Adopted by the Town Board of the Town of Royalton 7-11-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
The Town Board finds that high-pressure and misleading, fraudulent,
and threatening activities have been associated with hawking, peddling
and soliciting activities in the Town of Royalton, and that it is
the purpose and intent of this chapter to protect the health, safety
and general welfare of the residents of the Town by establishing regulations
and licensing of hawkers, peddlers and solicitors within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
A building or store in which the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during regular business hours.
Except as hereinafter expressly provided, any person, either
principal or agent, who, in 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 animal or vehicle standing in a street or
highway, sells or barters, offers for sale or barter or carries or
exposes for sale or barter any goods, wares, or merchandise, including
magazines and other publications, except as hereinafter exempted.
One or more persons, corporations, partnerships, associations,
joint-stock companies, societies and all other entities.
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take orders for goods, wares or merchandise, except as hereinafter
exempted, or for service to be performed in the future, or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
Nothing in this chapter shall apply to sales conducted pursuant
to statutory requirement or by order of court to any person selling
personal property at wholesale to dealers in such articles, to merchants
having an established permanent place of business within the Town
or their employees selling or soliciting from that place of business,
or to the peddling of meats, fish, fruit and similar produce by farmers
and persons who produce such commodities, or to dealers in milk, baked
goods, heating oil and daily newspapers, to any honorably discharged
member of the Armed Forces of the United States who has produced a
license as provided by the General Business Law of the State of New
York, or to persons soliciting or collecting for any bona fide charitable
organization or for persons soliciting, selling or collecting for
service, school, youth or religious groups. This chapter shall not
apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person, within the territorial
limits of the Town of Royalton, to act as a hawker, peddler or solicitor
as herein defined without first having obtained, and having in force
and effect, a license to conduct the activity.
Every applicant for a license as herein provided shall submit
to the Town Clerk a written application, under affidavit, setting
forth the following information, to wit: that he or she has never
been convicted of a felony or misdemeanor (or if so, giving the details);
a detailed statement of the particular business, trade or occupation
or purpose for which the license is requested; the number and kind
and license numbers of vehicles, if any, to be used by the applicant
in carrying on the business for which the license is requested; the
kinds of goods, wares and merchandise he desires to sell or the kinds
of service he desires to render; the name, address and age of the
applicant; the names and addresses of the person, firm or corporation
he represents; the names and addresses of all partners of a partnership;
and the name and address of a person upon whom a legal notice may
be served; and such other information as may be required by the Town
Board.
Upon the filing of the application, as provided in the preceding
section, the Town Clerk shall, upon her approval of such application,
issue to the applicant a license, signed by the Town Clerk. Except
as hereinafter provided, no licenses shall be refused except for a
specific reason and for the protection of public safety, health, morals,
or general welfare. Conviction by the applicant of a crime involving
fraud, theft, assault, or any crime of violence or of moral turpitude
shall be grounds for refusal. A license shall not be assignable. Any
holder of such license who permits it to be used by any other person,
and any person who uses such license granted to any other person,
shall be guilty of a violation of this chapter. Such license shall
automatically expire on January 1 following the date of issuance of
such license, but such license may provide for any earlier expiration
date corresponding to the termination of the activity. No applicant
to whom a license has been refused or who has had a license which
has been revoked shall make further application until a period of
at least six months shall have elapsed since the last previous rejection
or revocation, unless he or she can show that the reason for such
rejection or revocation no longer exists. Every licensee, while exercising
his license, shall carry the license with him and shall exhibit the
same upon demand to any police officer or citizen.
The license fee to hawkers, peddlers or solicitors shall be
as follows: $150 or such other fee as shall be established by the
Town Board by resolution from time to time.
A separate license shall be required for each:
Every vehicle used in support of hawking, peddling or soliciting
shall have the name of the licensee and his address plainly, distinctly
and legibly displayed in letters and figures at least two inches in
height in a conspicuous place on the outside of the vehicle.
Upon the refusal of the Town Clerk to issue a license to any
applicant or upon the determination of the Town Board that any license
should be revoked, the procedure prescribed in § 137 of
the Town Law shall be complied with. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason wherefore in writing shall
be served by the Town Clerk upon the person named in the application,
and a copy of such notice shall be filed with the Town Clerk. Violation
of any provision of this chapter shall constitute grounds for revocation
of a license.
A licensed hawker, peddler or solicitor shall:
A.Â
Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale, or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.Â
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C.Â
Not stand or permit the vehicle used by him to stand in one place
in any public place or street for more than 10 minutes, or in front
of any premises for any time if the owner or any lessee of the premises
objects.
D.Â
Not sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E.Â
Not permit any vehicle used by him to stop or remain on any crosswalk.
F.Â
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
G.Â
Not blow a horn or use any other noisy device to attract public attention
to his wares, or shout or cry out his wares.
H.Â
Not enter upon the property of any person or entity which displays
a sign which states "No Trespassing," "No Soliciting," or "No Peddling"
or any other message clearly indicating that solicitors, hawkers or
peddlers are not welcome upon the premises.
All orders taken by a licensed solicitor who demands, accepts
or received payment or deposit of money in advance of final delivery
shall be in writing, 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 of money 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 date of each license, the name and
residence of the person licensed, the amount of the license fee paid
and also the date of revocation of all licenses revoked.
By signing the application, the hawker, peddler or solicitor
agrees to supply a background check, dated within six months of the
date of the application, to the Town Clerk, covering the previous
two-year period.
Any person who shall violate any provision of this chapter shall
be guilty of a violation and shall be punished by a fine not to exceed
$250 or by imprisonment of up to 15 days, or by both such fine and
imprisonment.
