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.
MERCHANDISING
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.
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.
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.
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.
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.