[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.
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.
