Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Canandaigua 4-17-2017 by L.L. No. 7-2017. Amendments noted where applicable.]
In all areas in the Town of Canandaigua, it shall be unlawful to peddle without first having obtained and paid for, and having in full force and effect, a current, valid license issued by the Town Clerk's office. Each permitted peddler must carry a copy of the license issued by the Town Clerk's office on his or her person at all times when engaged in peddling activity.
A. 
Application for license. Every applicant for a license to peddle or a renewal thereof shall be required to submit a written application supplying, under oath, in a form prescribed by the Town Clerk, the following information:
(1) 
The name, home address, and local address, if any, of the applicant;
(2) 
A physical description of the applicant, setting forth the applicant's age, height, weight, hair color, and eye color;
(3) 
The name and address of the person, firm, or corporation for whom or through whom orders are to be solicited or cleared;
(4) 
Goods, wares, services, or merchandise for which orders are to be solicited;
(5) 
If seeking a fee exemption pursuant to § 153-2B(2) of this chapter, honorably discharged members of the Armed Forces shall state the county from which they secured a license under New York State General Business Law Article 4, together with the date and number of such license;
(6) 
A written statement listing the specific dates when the applicant intends to solicit orders;
[Amended 2-11-2019 by L.L. No. 2-2019]
(7) 
Proof that the applicant holds a New York State sales tax identification number;
(8) 
A statement as to whether the applicant has ever been convicted of any crimes, including details as to the charges, dates of convictions, and any other information the Town Clerk deems appropriate;
(9) 
Such other and further information as the Town Clerk shall reasonably require;
(10) 
The applicant, at the time of executing such application, shall submit as identification a driver's license or nondriver's photo identification, reasonably satisfactory to the Town Clerk, and a completed Ontario County Sheriff's release of information form;
(11) 
Proof of liability insurance reasonably acceptable by the Town Clerk's office must be submitted at the time of application.
B. 
Fees for license.
(1) 
A license fee for peddlers shall be in such amount as the Town Board of the Town of Canandaigua may, from time to time, establish by resolution.
(2) 
No fee shall be required by a veteran who has obtained a license pursuant to Article 4 of the General Business Law of the State of New York.
C. 
Issuance. Upon receipt of a properly filled out application and license fee, the Town Clerk shall review the application and shall issue the license to the applicant within 14 days from the date of submission of the application.
D. 
Denial. The Town Clerk may deny the application if it does not comply with the requirements of § 153-2. When the Town Clerk denies an application, the Town Clerk shall specify in writing to the applicant the reason or reasons therefor. Such decision must relate to the protection of the public safety, health, morals, or general welfare of the residents of the Town of Canandaigua, or the failure to comply with this chapter in any respect. The Town Clerk may also deny any application by any person who shall have been convicted of any crime or of any violation of this chapter.
Whenever the Town Clerk shall have probable cause to believe that any person to whom a license has been issued under this chapter has violated any of the provisions of this chapter or that any peddler has misrepresented the purpose of his or her activities, the Town Clerk shall immediately suspend the license temporarily and give the license holder written notice by certified mail of a hearing to be held before the Town Board of the Town of Canandaigua within 10 days of such temporary suspension to determine whether or not the license should be revoked. This notice must contain a statement of the facts upon which the Town Clerk has acted in suspending the license. If, after such hearing, the Town Board finds that this chapter has been violated, or the activities of the peddler have been misrepresented, the Board may, within two days after the hearing, revoke the license and give the license holder written notice of the revocation and the reasons therefor.
A. 
Any license issued pursuant to this chapter may be revoked by the Town Board of the Town of Canandaigua after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statements contained in the application for the license.
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on business as a peddler.
(3) 
Any violation of the Town Code of the Town of Canandaigua.
(4) 
Any violation of New York State Penal Law.
(5) 
Conducting the business of a peddler in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public.
(6) 
Upon the recommendation of the New York State Department of Health 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 New York State or Ontario County Board of Health.
B. 
Notice for a hearing for the revocation of a license pursuant to this section shall be given by the Town Clerk, in writing, setting forth specifically the grounds of the complaint and the date and time of such hearing. Such notice shall be mailed, postage prepaid, to the person holding the license, at his or her last known address, at least 10 days prior to the date set for the hearing.
A. 
Hours of operation. Peddling door to door is prohibited before 9:00 a.m. and after 7:00 p.m., Monday through Saturday. No peddling shall be permitted on Sundays.
B. 
Transfer of license. No license shall be transferable from one person to another.
C. 
Age restriction. No license for peddling under this chapter shall be issued to any person under the age of 18 years.
D. 
License to be carried. The license issued by the Town Clerk must be carried by the license holder at all times while engaged in peddling activity within the Town of Canandaigua.
E. 
License to be produced. Any person licensed under this chapter shall produce and exhibit his or her license upon the request of any person desiring inspection thereof.
F. 
No licensed peddler shall willfully misstate the quantity or quality of any item or service offered for sale.
G. 
No licensed peddler shall willfully offer for sale any goods, wares, services, or merchandise which is unwholesome or unsafe or defective in any way, unless clearly identified as such.
H. 
No licensed peddler shall cause a public or private nuisance.
I. 
Expiration of license. A license issued pursuant to this chapter shall expire one year from the date of issuance of said license.
Any person aggrieved by the action of the Town Clerk in the denial of a license shall have the right of appeal to the Town Board of the Town of Canandaigua. Such appeal shall be taken by filing with the Board, within 14 days after the 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 such appeal. The Town Board shall set a time and place for a hearing on such appeal, provided that the same shall be set within 60 days of receipt of the statement for appeal. Notice of such hearing shall be given in the same manner as provided in § 153-4B.
The provisions of this chapter shall be enforced by the Ontario County Sheriff's Department, the New York State Police, or the Town of Canandaigua Code Enforcement Officer.
The violation of any provision of this chapter shall be deemed an offense, except that for the purpose of conferring jurisdiction upon courts, such violation shall be deemed a misdemeanor. Each separate violation shall be punishable by a fine not to exceed $250, and/or imprisonment for a period not to exceed 60 days. Each day's continued violation shall be deemed a separate offense.
A. 
The following activities shall not be subject to the license requirements of this chapter:
(1) 
Peddling for charitable or political purposes.
(2) 
Delivery of newspapers or periodicals.
B. 
This chapter shall not apply so as to unlawfully interfere with interstate commerce.