[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which or where the person transacts business and deals in the goods, wares and merchandise he/she hawks, peddles, vends or solicits for during regular business hours.
- HAWKER, PEDDLER, SOLICITOR OR VENDOR
- Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services, or solicits contributions of goods or money, by going from house to house, place of business to place of business, or in any public street or public place or by temporarily occupying a room, building or other premises therefor. This term shall not include the delivery of milk, newspapers and food distributed on regular customer routes.
- The selling, bartering or trading of, or offering to sell, barter or trade, any goods, wares, commodities or services.
- TEMPORARY OCCUPANCY
- A store, room, building, tent, enclosure, premises or structure of any kind intended to be occupied for the period of time necessary to hawk, peddle, vend or solicit the merchandise or products therein housed initially without the intent to replenish or restock such goods, wares and merchandise sold therein. In all prosecutions for a violation of this chapter, the intent of the defendant to conduct an established place of business shall be a material fact, and the burden of proving such intent shall be upon the defendant in such prosecution.
Nothing in this chapter shall be held to apply:
To any sales conducted pursuant to statute or by order of any court.
To any person selling personal property at wholesale to dealers in such articles.
To merchants having an established place of business within the Town or their employees for soliciting orders from customers and delivering the same.
To persons under the age of 18 years.
To farmers and gardeners, who themselves or through their employees vend, sell or dispose of products of their own farms and gardens.
To any honorably discharged member of the Armed Forces or any other person who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York.
Nonprofit organizations and persons working for such organizations shall also be exempt. However, such organizations shall register annually with the Code Enforcement Officer in the event they plan to engage in hawking, peddling, vending or soliciting, and shall indicate the type of activities to be undertaken and the time when they will be performed.
It shall be unlawful for any person within the corporate limits of the Town to act as a hawker, peddler, vendor or solicitor as herein defined or assist same without first having obtained and paid for, and having in force and effect a permit therefor.
Any person desiring to procure a permit as herein provided shall file with the Code Enforcement Officer a written application upon a form furnished by the Code Enforcement Officer and shall file at the same time satisfactory proof of good character, including references from a Better Business Bureau, Chamber of Commerce, law enforcement agency, or municipal clerk within the area where the person lives or does business, or other similar reference. Such application shall give:
The number and kind of vehicle to be used by the applicant in carrying on the business for which the permit is desired.
The kind of goods, wares and merchandise he/she desires to sell or the kind of service he/she desires to perform.
The method of distribution.
The name, address, contact phone number, and date of birth/age of the applicant.
The name, address, and contact phone number of the person, firm or corporation he/she represents.
The length of time the applicant desires the permit.
Such other information as may be required by the Town Board.
If applicable, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
All hawkers, peddlers, vendors or solicitors using a motor vehicle for hawking, peddling, vending or soliciting shall furnish a current copy of the vehicle's proof of liability insurance.
The Code Enforcement Officer may conduct an investigation into the applicant's background to determine the advisability of issuing a permit to the applicant. The Code Enforcement Officer shall have a minimum period of two weeks to conduct said investigations; however, the issuance of a permit may be delayed for a longer period if the Code Enforcement Officer cannot, for good reason, complete the investigation in a timely manner within the two-week period.
Upon the filing of the application as provided in § 225-4, the Code Enforcement Officer shall, upon his/her approval of such application, issue to the applicant a permit as provided herein. Except as hereinafter provided, no permit shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A permit may be refused to the applicant if the applicant shall have been convicted of a misdemeanor or felony, or past violations of Town ordinances or local laws, which, in the judgment of the Code Enforcement Officer, renders the applicant unfit or undesirable to carry on the occupation of hawking, peddling, vending or soliciting.
If the applicant is requesting regular or recurring occupancy of a site instead of temporary occupancy, as defined in § 225-1, then the Code Enforcement Officer shall refer such application to the Planning Board and/or the Zoning Board of Appeals as may be required for certain uses pursuant to Chapter 300, Zoning, of the Town Code.
If an applicant is requesting to operate a mobile food service establishment, he or she shall furnish proof of a valid permit from the New York State Health Department or other authority having jurisdiction as applicable.
A permit shall not be assignable; any holder of such permit who permits it to be used by any other person, and any person who uses such permit granted to any other person, shall each be guilty of a violation of this chapter.
Whenever a permit shall be lost or destroyed on the part of the holder or his/her agent or employee, a duplicate in lieu thereof under the original application may be issued by the Code Enforcement Officer upon the filing with him/her by the permittee of an affidavit setting forth the circumstances of the loss, and what, if any, search has been made for its recovery.
All permits shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of the permit, the date of issuance and expiration of the permit, fee paid and the name and address of the applicant.
No permit shall be granted to a person under 18 years of age. No applicant to whom a permit has been refused or who has a permit which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he/she can show that the reason for such rejection no longer exists. Every permittee, while exercising his/her permit, shall carry the permit with him/her and shall exhibit the same upon demand.
Fees for an annual permit for each person permitted as a hawker, peddler or solicitor or for a duplicate permit as provided in § 225-7 shall be set from time to time by the Town Board by resolution.
Permits issued under provisions of this chapter may be revoked by the Code Enforcement Officer after notice and hearing for any of the following causes:
Fraud, misrepresentation or any false statement contained in the application for the permit.
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as a hawker, peddler, vendor or solicitor.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of hawking, peddling, vending or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his/her last known address at least seven days prior to the date set for the hearing.
The Code Enforcement Officer, upon receiving information giving him reasonable cause to believe that the holder of any permit issued hereunder has violated any provision of this chapter or has been convicted of any violation referred to in this section, or indicted or charged with or for any crime or offense, or has been convicted of any crime or offense, may forthwith temporarily suspend such permit until a hearing is held by him, as provided herein, and the Code Enforcement Officer shall have issued his/her determination thereon. If no appeal is made upon the suspension by the Code Enforcement Officer, the permit shall be deemed to be revoked.
If the permittee has one or more employees, the revocation hereunder shall apply to the permittee and all employees if either he/she or any one or more of his/her employees are determined to be in violation of this chapter.
When a permit is suspended or revoked, no refund of any unearned portion of the permit shall be made.
Any person aggrieved by the action of the Code Enforcement Officer in the denial of an application for a permit, as provided in § 225-5 of this chapter, or in the decision of the Code Enforcement Officer with reference to the revocation of a permit, as provided in § 225-12 of this chapter, shall have the right to appeal to the Town Board of the Town of Lyons. Such appeal shall be taken by filing, within 14 days after 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 the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his/her last known address at least seven days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
It shall be unlawful for any person to enter upon private property for the purpose of hawking, peddling, vending or soliciting on Sundays or before the hour of 9:00 a.m. of any other day or after the hour of 7:00 p.m. of any other day except upon the invitation of the householder or occupant.
It shall be unlawful for any hawker, peddler, vendor or solicitor in plying his/her trade 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," "No Agents," or other wording, the purpose of which purports to prohibit hawking, peddling, vending or soliciting on the premises.
No hawker, peddler, vendor or solicitor shall hawk, peddle, vend, solicit or sell confections, ice cream or toys within 200 feet of any public or private school between the hours of 8:00 a.m. and 4:00 p.m. on school days, nor shall he/she permit his/her cart, wagon or vehicle to stand on any public highway within said distance of such school property during said time.
No hawker, peddler, vendor or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or garage of any person or corporation in the Town.
No hawker, peddler, vendor or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his/her wares, or shout or cry out his/her wares.
It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
No hawker, peddler, vendor or solicitor shall represent or state or otherwise indicate that he/she is not intending to sell or otherwise enter into a contract with any person in the household.
No hawker, peddler, vendor or solicitor shall, in order to effectuate or assist in any sale or solicitation, represent that he/she is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
No hawker, peddler, vendor or solicitor shall frequent any street in an exclusive manner so as to cause a private or public nuisance.
No hawker, peddler, vendor or solicitor shall stand or permit the vehicle used by him/her, his/her agent or employee or his/her cart or other appliance for the display of his/her goods, wares or merchandise to stand in any public place, street or right-of-way in such a manner as to obstruct vehicular or pedestrian traffic or to obstruct the line of vision of such traffic so as to create a substantial risk of harm or risk to the safety of others.
Any contract or sale made in violation of Subsection A(4), (7) or (8) shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the hawker, peddler, vendor or solicitor and his/her principal.
Hawkers, peddlers, vendors or solicitors shall keep the vehicle and/or receptacles used by them in the furtherance of their business in a sound, clean and sanitary condition.
Hawkers, peddlers, vendors or solicitors shall keep edible articles offered for sale well-protected from dirt, dust and insects.
All orders taken by permitted solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing made in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Code Enforcement Officer to keep a record of all applications and of all permits granted under the provisions of this chapter, giving the number and date of each permit, the fee paid and the date of suspension and/or revocation of all permits suspended or revoked.
The violation of any provision of this chapter shall be an offense, and any person violating any provision of this chapter shall be punished by a fine not exceeding $250. Each day any such violation shall continue shall constitute a separate violation.
In addition to the foregoing, the court may also suspend or revoke any permit of any person convicted of a violation of any provisions of this chapter.