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.
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.
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.
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.