[HISTORY: Adopted by the Town Board of the Town of Ogden 6-18-1977 by L.L. No. 3-1977 (Ch. 138 of the 1995 Code). Amendments noted where applicable.]
This chapter is enacted by the Town of Ogden for the purpose
of regulating transient peddling, vending and soliciting in order
that the peace, health, safety, welfare and good order in the Town
and of its inhabitants shall not be endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling
and Soliciting Law of the Town of Ogden."
As used in this chapter, the following terms shall have the
meanings indicated:
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
that person peddles, vends or solicits in the ordinary and regular
course of business.
The selling, bartering or trading or offering to sell, barter
or trade of any goods, wares, commodities or services.
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or who solicits contributions of goods or moneys by going
from house to house or place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor.
Includes any individual, firm, partnership, corporation and
unincorporated association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a peddler, vendor or solicitor, as herein
defined, without first having duly obtained and having in force and
effect a license therefor.
A.Â
An application for a license shall contain the following information:
(1)Â
The name and description of the applicant.
(2)Â
The address of the applicant (local and legal).
(3)Â
The name of the firm or company where the applicant is employed.
(4)Â
The address of the firm or company where the applicant is employed.
(5)Â
A description of the motor vehicle to be used, along with the license
number.
(6)Â
A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited.
(7)Â
The date and length of time the applicant desires the license.
B.Â
The Town Clerk may require a letter of authorization from the firm
or company which the applicant purports to represent.
C.Â
Each person peddling or soliciting for the same firm or company will
be required to file a separate application.
[Amended 1-23-2013 by L.L. No. 1-2013]
D.Â
Each person applying for a peddling or soliciting license must produce
photo identification.
[Added 1-23-2013 by L.L.
No. 1-2013]
E.Â
Each person applying for a peddling or soliciting license who is
not a resident of the Town of Ogden shall, with such application,
provide a government-issued criminal background check for each such
applicant.
[Added 1-23-2013 by L.L.
No. 1-2013]
Upon receipt of the application and of the license fee and if
reasonably satisfied with the applicant's qualifications, the
Town Clerk shall issue a license to the applicant specifying the particular
business authorized and the location wherein it may be conducted.
This license shall be nontransferable and shall be in the continuous
possession of the licensee while engaged in the business licensed.
The license shall be produced upon the demand of any Town official,
prospective buyer, police officers or sheriffs or their deputies.
The licensing period shall be on a daily, monthly or annual
basis, and fees for the same shall be as determined by the Town Board
from time to time. Such license shall not be transferable and shall
so state on the face thereof.
The Town Clerk shall keep a record of the applications, the
determinations thereon and of all licenses issued in accordance with
this chapter. The record shall contain the name and residence of the
person licensed, the location of the business, the amount of the license
fee paid and the date of revocation and/or expiration of all licenses
revoked.
A.Â
The provisions of this chapter shall not apply to the following:
(1)Â
An honorably discharged member of the Armed Forces of the United
States who is crippled as a result of injuries received while in the
naval or military services of the United States, who has procured
a license from the Monroe County Clerk as provided by the General
Business Law of the State of New York.
[Amended 12-13-1995 by L.L. No. 9-1995]
(2)Â
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
(3)Â
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Town.
(4)Â
Truck gardeners or farmers who themselves or through their employees
vend, sell or dispose of products of their own farms or gardens.
(5)Â
A child permanently residing in the Town of Ogden and attending any
public, parochial or private school located in the Town of Ogden or
immediately adjacent Town; or a representative of any established
church maintaining a place of worship within the Town or immediately
adjacent Town; or a member of a veteran's organization, provided
that such organization has and maintains a chapter, post, lodge, camp
or other group within the Town of Ogden; or a member of a fraternal
organization or civic group, provided that such fraternal organization
or civic group maintains a chapter of local organization within the
Town of Ogden; and further provided that any person coming within
the provisions of this exemption shall only peddle, vend or solicit
in connection with an authorized activity of the organization of which
such person is a member or the school which such person attends.
(6)Â
Auction sales held pursuant to law by a sheriff or other officer
authorized by law to conduct such sale.
B.Â
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
A licensed peddler, vendor or solicitor shall not:
A.Â
Call attention to such peddler's, vendor's or solicitor's
goods by blowing a horn, by shouting or crying out or by any loud
or unusual noise.
B.Â
Frequent any street in an exclusive nature so as to cause a private
or public nuisance.
C.Â
Stand or permit the vehicle used by such peddler, vendor or solicitor
to stand in one place in any public place or street for more than
10 minutes, nor in front of any premises for any time, if the owner
or the lessee of the ground objects.
D.Â
Sell 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
Enter a private residence or place of business in the Town for the
purpose of selling or offering for sale or for soliciting orders for
goods, wares, merchandise, contracts or personal services, or remain
in a private residence or on the premises thereof, or any place of
business or on the premises thereof, after the owner or occupant thereof
shall have requested any solicitor or peddler to leave, or go in and
upon the premises of a private residence or place of business for
any such purposes when the owner or occupant has displayed a "no soliciting"
sign on such premises.[1]
A.Â
Licenses issued under provisions of this chapter may be revoked by
the Town Clerk of the Town of Ogden after notice and hearing for any
of the following causes:
B.Â
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at the licensee's last known address
at least five days prior to the date set for hearing.
C.Â
The Town Clerk, upon receiving information giving the Town Clerk
reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section, may forthwith
temporarily suspend such license until a hearing is held by the Town
Clerk as provided herein and the Town Clerk shall have issued the
Town Clerk's determination thereon.
D.Â
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees if either the licensee
or any one or more of the licensee's employees are determined
to be in violation of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license as provided in § 201-5 of this chapter or in the decision of the Town Clerk with reference to the revocation of a license as provided in § 201-11 of this chapter shall have the right to appeal to the Town Board of the Town of Ogden. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at the applicant's last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 12-13-1995 by L.L. No. 9-1995]
Any person who shall act as a peddler, vendor or solicitor,
as herein defined, without a license or who shall violate any of the
provisions of this chapter or who shall continue to act as peddler,
vendor or solicitor subsequent to the revocation of such person's
license shall, upon conviction, be subject to a penalty of not more
than $250 or to a term of imprisonment not to exceed 15 days, or both,
for each day on which such violation continues.