[HISTORY: Adopted by the Town Board of the Town of Alden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-4-1956, effective 9-1-1956 (Ch. 16 of the 1981 Code)]
The following terms as used in this article shall mean and include:
A building or store wherein the person transacts business,
sells and deals in, during regular business hours, the goods, wares
and merchandise he hawks, peddles or for which he solicits.
Except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place or by
going from place to place on foot or on or from animal or vehicle,
sells or barters, offers for sale or barters, or carries or exposes
for sale or barter, any goods, wares or merchandise.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint stock companies, societies and all
other entities of any kind capable of being sued.
Any person who goes from place to place or who stands in
any street or public place taking or offering to take orders for goods,
wares or merchandise, except newspapers; or for services to be performed
in the future; or for making, manufacturing or repairing any articles
or thing whatsoever for future delivery.
This article shall not apply to the following:
A.
Sales conducted pursuant to court order.
B.
Sales or solicitations of orders for sale of goods at wholesale to
dealers in such goods.
C.
Persons having an established place of business in the Town of Alden,
or their employees.
D.
Sale of meats, fish, fruit and farm produce by farmers and persons
who produce such commodities.
E.
Sales of goods in interstate commerce.
It shall be unlawful for any person, within the limits of the
Town of Alden, to act as a hawker, peddler or solicitor as herein
defined without first having obtained and paid for and having in force
and effect a permit therefor.
Application for a permit as herein provided shall be made by
the applicant in person, or if the applicant is a corporation or partnership,
by the officer or employee of said corporation or partner or employee
of said partnership, who will perform the acts permitted by said permit,
to the Town Board at a regular meeting thereof. Such application shall
give the name, address and age of the applicant, the name and address
of the person, firm or corporation he represents, the kind of goods,
wares and merchandise he desires to sell, the kind of service he desires
to perform or the nature of the orders for which solicitation will
be made, the number and kind of vehicles to be used in carrying out
the business for which the permit is desired and such other information
as may be required by the Town Board. Except as herein provided, no
permit shall be refused except for a specific reason and for the protection
of the public safety, health, morals and general welfare of the Town.
Upon approval of said application by the Town Board, the Town
Clerk shall be authorized to issue such permit by receipt of the permit
fee as herein established. A permit shall not be assignable and any
holder of permit who permits the same to be used by any other person
and any person who uses a permit granted to another person shall be
guilty of a violation of this article. All permits issued hereunder
shall expire on the 31st day of December in the year in which issued.
[Amended 5-20-1971[1]]
The fee for a peddler's, solicitor's and combined peddler's,
hawker's and solicitor's permit shall be established by
resolution of the Town Board.
The Supervisor may, at any time for a violation of this or any
law, revoke any permit. When a permit shall be revoked, no refund
of any unearned portion of the permit fee shall be made. The Supervisor
shall notify the Town Clerk of the revocation of any permit and the
reason or reasons therefor in writing. Notice of such revocation shall
be served by the Town Clerk upon the person named in the application.
A copy of such notice of revocation shall be filed in the office of
the Town Clerk.
All orders taken by a permittee who demands, accepts or receives
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 permits granted under the provisions of this
article, giving the number and date of each permit, the name and residence
of the persons permitted, the amount of the permit fee paid and also
the date of revocation of all permits revoked.
Any person who himself, or by his Clerk, agent or employees
shall act as a hawker, peddler or solicitor, as herein defined, without
a permit, or shall violate any of the provisions of this article,
or who, having had his permit revoked, shall continue to act as a
hawker, peddler or solicitor, shall upon conviction be guilty of a
violation and be punished by a fine not exceeding $250, imprisonment
for up to 15 days, or both; and each day on which violation continues
shall constitute a separate offense.
[Adopted 6-6-2016]
The applicant fills out the application, in person, with the
Town Clerk and provides their social security number, driver's
license and photo identification.[1]
The applicant appears at a regular Town Board Meeting in person
with all required information.
Information is submitted for criminal history/background check.
Upon receipt of criminal history/background report, if no felonies
are reported or misdemeanors involving fraud or theft or similar offenses,
the Town Board will pass a motion authorizing the Town Clerk to issue
the peddler/solicitor permit at its next regular meeting.
Each person peddling or soliciting will require a separate permit,
whether peddling or selling for the same company.
Peddlers/solicitors will be advised on the application that
they can go door to door only during daylight hours from 9:00 a.m.
through dusk, Monday-Saturday. A photo ID must be worn at all times
outside of clothing indicating the peddler's/solicitor's name, company
name, and company contact number.
Any substantiated reports of negative behavior with the public
will result in immediate revocation of the permit.
