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Town of Richmond, NY
Ontario County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Town Board of the Town of Richmond 5-10-2016 by 3-2016. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the activities of peddlers and temporary vendors doing business within the Town of Richmond so as to protect the safety, security and welfare of the residents and businesses within the Town.
As used in this chapter, the following terms shall have meanings indicated:
CANVASSER
A person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident for the purpose of attempting to provide information regarding or to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate.
CHARITABLE SOLICITOR
A person that goes from place to place without prior specific invitation or appointment from the resident or business that either distributes an advertisement regarding an event or attempts to obtain a donation to a bona fide charitable, educational, scientific, health, religious or veterans' organization.
COMMUNITY EVENT
A festival, parade, observance of a national or state holiday, or civic event designated by the Town Board as a community event.
FARMERS' MARKET
Two or more farmer-producers that sell their own agricultural products directly to the general public at a fixed location.
PEDDLER
Any person that is conducting a peddler activity.
PEDDLER ACTIVITY
The selling of any goods, wares, products, business or services by going from door-to-door on any public street or any publicly owned or maintained sidewalk or on other publicly owned, maintained or operated property.
PEDDLER ACTIVITY PERMIT
A permit issued under this chapter of the Code permitting a person to conduct activities as a peddler or temporary vendor.
PERSON
Any individual, association, partnership or corporation.
TEMPORARY VENDOR
A person that sells goods, wares, products, food, business or services from a structure, vehicle, portable shelter, mobile display, pop-up tent, trailer and concession stand, lot or other location with the intent to remain in business at any one location for a limited period of time, no more than four months.
No persons shall engage in business as a peddler or temporary vendor unless they shall first have submitted an application and obtained a peddler activity permit no later than six business days before the first date of conducting business as a peddler or temporary vendor. The permit fee shall be in the amount as set from time to time by the Town Board. Separate permits shall be obtained and paid for by each individual peddler and temporary vendor. Upon the issuance of a permit, the permit fee paid to the Town shall become nonrefundable.
A. 
The Town shall review a filed application, which must include a completed and signed authorization for the Town to conduct a criminal background investigation of the applicant and to obtain information pertaining thereto. The Town may either issue the peddler activity permit or notify the applicant in writing that the application has been declined along with the reason for denial.
B. 
The Town may decline an application for any of the following reasons:
(1) 
The application is incomplete, the documentation required by this chapter was not included with the application or the permit fee is not included with the application.
(2) 
The person applying has had a permit or license to engage in business as a peddler or temporary vendor refused or revoked by the Town of Richmond or by any other municipality or has been found in violation of any law relating to engaging in business as a peddler or temporary vendor within the six months prior to the date of the application.
(3) 
The application submitted contains false information.
(4) 
The applicant is not in compliance with any Town, county, state or federal rules or regulations.
(5) 
The applicant has been convicted of a misdemeanor or felony which makes the person or individual unsuited to be awarded a permit pursuant to this article.
C. 
Appeals. Any person aggrieved by the denial of a permit shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board, within 14 days after the Notice of Denial has been mailed, 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 within 60 days of the receipt of the statement for appeal.
A. 
No peddler who has been issued a permit pursuant to this chapter shall commence any peddler activity earlier than 10:00 a.m. or later than 7:00 p.m.
B. 
A peddler activity permit is not assignable.
C. 
Whenever a permit shall be lost or destroyed, the Town Clerk shall, upon the peddler or temporary vendor filing with the Town Clerk an affidavit setting forth the circumstances of the loss or destruction, issue a duplicate permit with the word "duplicate" legibly written across the face thereof. No additional fee shall be required.
D. 
Permits shall be displayed in an easily visible location, while engaging in business as a peddler or temporary vendor.
E. 
It shall be unlawful for any peddler or temporary vendor to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No peddlers," "No Solicitors," or other wording, the purpose of which purports to prohibit peddling on the premises.
F. 
Peddlers and temporary vendors shall not be allowed to peddle or vend on public lands or rights-of-way without express permission.
Persons and activities exempt from the application of this chapter:
A. 
Sales conducted pursuant to court order.
B. 
Any person selling personal property at wholesale to dealers in such articles.
C. 
The sale of fruits and vegetables raised or grown on the property where being sold pursuant to § 200-23, Roadside stands.
D. 
Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York.
E. 
Charitable solicitors and canvassers.
F. 
Merchants having an established place of business within the Town for soliciting sales of products and services from customers and delivering the same with the intent to operate such business for a period longer than four months.
G. 
Any person selling Christmas trees.
H. 
Persons under the age of 18 years.
I. 
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
J. 
Farmers' markets.
K. 
Any member of the Boy Scouts of America, Girl Scouts of America or similar recognized youth organizations.
L. 
Temporary vendors at a community event.
M. 
Delivery of newspapers or periodicals.
N. 
Residents holding garage sales or lawn sales on their property for no more than 14 days in a calendar year.
O. 
A concession stand operated under an agreement with the Town on municipal property.
Whenever the Town Code Enforcement Officer shall have probable cause to believe that any person to whom a permit has been issued under this chapter has violated any of the provisions of this chapter or that any peddler or temporary vendor has misrepresented the purpose of their activities, the Town shall immediately suspend the permit temporarily and give the license holder written notice by certified mail of their right to request, in writing, a hearing to be held before the Town Board. This notice must contain a statement of the facts upon which the Town has suspended the permit. If, after such hearing, the Town Board finds that this chapter has been violated or the activities of the peddler or temporary vendor have been misrepresented, the Board may, within two days after the hearing, revoke the permit and provide written notice of the revocation and the reasons therefor.
A. 
Revocation. In addition to the process set forth in § 157-7, such permit may also be revoked by the Town Board after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for the license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler or temporary vendor.
(3) 
Any violation of this chapter.
(4) 
Conviction for a felony or misdemeanor, which misdemeanor or felony, in the judgment of the Town Board, renders the permit holder unfit or undesirable.
(5) 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to 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 is being conducted under unsanitary conditions or that there is a violation, of law regulation, code or ordinance cited by the New York State Department of Health.
B. 
Notice of revocation. Notice for the revocation of a permit pursuant to this section shall be given by the Town Clerk, in writing, setting forth specifically the grounds and/or reasons for the revocation. Such notice shall be mailed, postage prepaid, to the permittee at his/her last known address within two days of revocation and give the license holder written notice by certified mail of their right to request a hearing to be held before the Town Board.
C. 
Appeal. The appeal to the Town Board shall be made by way of written letter submitted to the Town Clerk. The letter appealing the revocation decision shall set forth each and every reason why the permittee feels that the revocation of the permit was improper. Upon receipt of such an appeal, the Town Board will consider the appeal within 60 days at a public meeting at which the permittee will have the right to be heard. Any permit which has been revoked may not apply for one year of the date of revocation.
Permits shall expire one year from the date of issuance of said permit or sooner pursuant to the terms of the permit.
A valid permit may be renewed for a period of up to one year at a time by following the permit application procedures in § 157-4.
Any person who violates this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not less than $100, and not more than $500, or imprisonment for a term not to exceed 15 days, or both. Each and every separate violation of this chapter shall be deemed an offense for the purpose of imposing the appropriate fine.