[HISTORY: Adopted by the Town Board of the
Town of Victor 7-12-1993 by L.L.
No. 2-1993; amended in its entirety 6-25-2018 by L.L. No. 7-2018.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 180.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices and to protect the health, safety
and welfare of the residents of the Town of Victor.
This chapter shall apply to the entire area of the Town of Victor,
excluding the area within the corporate limits of the Village of Victor.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, either principal or agent, who, in any public
street or road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house, delivers or distributes advertising matter, literature,
pamphlets, samples or handbills or sells or offers for sale, barter
or exchange any goods, wares, merchandise, service or any other article
or thing whatsoever, either in his possession or not in his possession,
either for immediate or future delivery.
Includes an individual, corporation, partnership, association
or any other organizational group of persons or representative of
any of the foregoing.
Any person, either principal or agent, who, in any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house, requests or accepts a contribution.
A.
Peddling and soliciting shall not be allowed in any Town or county
rights-of-way.
B.
In addition to the foregoing and excluding those areas defined in
§ 1157(C) of the Vehicle and Traffic Law of the State of
New York, soliciting and peddling shall not be allowed on any public
lands or in any public places, nor shall the same be allowed on Town-owned
property unless approval is secured from the Town Board. As a condition
for approval, the Town Board shall require adequate surety in an amount
that will ensure that the activities authorized will not jeopardize
the position of the Town or the protection of the Town residents.
In all areas of the Town of Victor, exclusive of those listed in § 150-4 of this chapter and the Village of Victor, it shall be unlawful to peddle, vend or solicit without first having obtained and paid for, and having in force and effect, a license issued by the Town Clerk's office.
Honorably discharged members of the Armed Forces of the United
States, who obtain a license pursuant to the provisions of § 32
of the General Business Law, shall file a copy of the license issued
by the county with the Town Clerk of the Town of Victor, provided
such license states the veteran's name, residence at the time
of the application and nature of goods to be sold; and, if the applicant
is working on a commission or percentage basis for any person, firm
or corporation, the name and business address of such person, firm
or corporation. The Town Clerk, when satisfied, shall issue to such
former member of the Armed Forces of the United States a license,
without charge, certifying him to be entitled to the benefits of this
chapter; provided, however, that nothing in this chapter shall prevent
or in any manner interfere with the soliciting or peddling without
the use of any but a hand-driven vehicle in a street, avenue, alley,
lane or park of the Town by any honorably discharged member of the
Armed Forces of the United States who is disabled as a result of injuries
received while in the service of said Armed Forces and who is the
holder of a license granted pursuant to § 32 of the General
Business Law.
Exemptions shall be as follows:
A.
Peddling or soliciting for charitable, political, educational or
not-for-profit organizations.
B.
Delivery of newspapers or periodicals.
C.
Sale of newspapers from coin-operated vending machines.
D.
Activities limited to three days or less per month on privately owned
property.
E.
Any person or proprietor soliciting on residential property at the
express invitation of the person, serving an established customer
or for the express purpose of providing a product or products to a
not-for-profit organization.
G.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
H.
Activities that would otherwise require a peddler's/solicitor's
license shall be exempt if there is in existence a valid license or
permit issued by the Town Board relating to similar or associated
activities.
Application for license. Every applicant for a license to peddle
or solicit or a renewal thereof shall be required to submit a written
application, and addendum to original application for additional applicants,
supplying, under oath, the information requested in a form prescribed
by the Town Clerk. The applicants must submit all required documentation,
including a request for release of information with a copy of a state-issued
photo ID. The application shall include, but not necessarily be limited
to:
A.
The name, home address and local address, if any, of the applicant.
B.
The name and address of the person, firm or corporation for whom
or through whom orders are to be solicited or cleared .
C.
Goods, wares or merchandise for which orders are to be solicited.
D.
That the applicant(s) has never been convicted of a felony or misdemeanor.
E.
Such other information as the Town Clerk shall reasonably require.
A.
A license fee for peddlers or solicitors shall be in such amount
as the Town Board of the Town of Victor may, from time to time, establish
by resolution.
B.
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.
A.
Issuance. Upon the receipt of a properly filled out application and
the license fee, the Town Clerk shall review the application and,
if granted, shall issue the license specifying the particular business
authorized to the applicant. The Town Clerk shall have 14 days from
the date of the acceptance of the application to conduct the background
investigation. However, the issuance of the license may be delayed
for a longer period if the Town Clerk cannot, for good reason, complete
the investigation and review in a timely manner.
(1)
Age restriction. No license for peddling or soliciting shall be issued
under this chapter to any person under the age of 18 years.
B.
Denial. The Town Clerk may deny the application; in which case, the
Clerk shall specify 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. 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.
C.
Appeals. 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. 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, and notice of such
hearing shall be sent by certified mail to the applicant at his last
known address at least 15 days prior to the date set for the hearing.
The decision and order of the Town Board on such an appeal shall be
final and conclusive.
This license shall be in possession of the licensee or posted
while engaged in the business licensed. The license shall be produced
upon the demand of any Town official, prospective buyer or police
officer. This license shall be nontransferable.
Peddling and soliciting licenses shall expire one year from
the date of issuance of said license.
A valid peddling/soliciting license may be renewed for a period of one year at a time by following the license application procedures in § 150-8 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license.
Within the Town of Victor, exclusive of the Village of Victor,
soliciting or peddling door to door shall be prohibited before 9:00
a.m. and after 7:00 p.m., Monday through Saturday. No peddling shall
be permitted on Sundays.
A.
Suspension. 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, solicitor or his agents have misrepresented the purpose
of their activities, the Town Clerk shall immediately suspend the
license temporarily and give the license holder notice by telephone
along with written notice by certified mail giving the date, time
and place of a hearing to be held before the Town Board 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 or solicitor have been misrepresented, the Board may,
within two days after the hearing, revoke the license and give the
applicant written notice of the revocation and the reasons therefor.
Any conviction of the license holder, its employees, agents or representatives
of a violation of any provisions of this chapter shall be prima facie
grounds for temporary suspension.
A.
In addition to the process set forth in § 150-15, such license may also be revoked by the Town Board of the Town of Victor 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 solicitor.
(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 applicant 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 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 Department 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 time and date
of hearing. Such notice shall be mailed, postage prepaid, to the permittee
at his/her last known address at least 10 days prior to the date set
for hearing.
C.
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees if either he or any
one or more of the employees are determined to be in violation of
this chapter.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a penalty not to exceed $250
or to imprisonment for a term not to exceed 15 days, or both. The
continuance of an offense for each twenty-four-hour period shall be
a distinct and separate violation.
