[HISTORY: Adopted by the Town Board of the
Town of Bedford 6-21-1983; amended
in its entirety 3-7-2006 by L.L.
No. 1-2006. Subsequent amendments noted where applicable.]
A.
It is the intent of the Town of Bedford to assure
that peddling and soliciting in the Town is conducted in a safe and
peaceful manner without inconvenience to Town residents.
B.
This chapter is enacted pursuant to the police power
of the Town, Subdivision 8 of § 32 of the General Business
Law of the state and any and all other applicable laws, rules and
regulations of the state. Nothing contained herein shall be deemed
to conflict with any such laws, rules or regulations.
As used in this chapter, the following terms
shall have the meanings indicated:
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
A permanent building, store or depository in which or where
the person transacts business and deals in goods, wares, merchandise
or services in the ordinary and regular course of business.
To go from house to house, from store to store, from place
to place or from street to street, or to deal out, distribute or dispense,
to sell and make immediate delivery or to offer for sale and deliver
any goods, wares, merchandise or provisions, including books or periodicals,
in possession of the seller or any combination thereof at any place
within the Town of Bedford other than from a fixed place of business.
Any individual, firm, partnership, corporation, unincorporated
association and any principal or agent thereof who, in any street
or public place or by going from house to house or from place to place
or any combination thereof, on foot or from any vehicle, sells, barters,
offers for sale or barter or carries or displays for sale or barter,
any goods, wares, merchandise or services. For the purposes of this
chapter, the entity which engages a person as their agent for the
purposes of peddling is also considered a peddler within the meaning
of this section and is subject to the provisions of this chapter.
The words "peddler," "hawker" and "huckster" are considered synonymous
terms.
Any street, sidewalk, alley or other public way and public
park, square, space or grounds or any publicly owned or leased land
or buildings.
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions, including books or periodicals,
for future delivery, or for services to be performed at any place
within the Town of Bedford, or to distribute advertising matter.
Any person, either principal or agent, traveling either by
foot or by any conveyance from place to place, from house to house
or from street to street or any combination thereof, who takes or
offers to take orders for the sale of any goods, wares or merchandise,
for present or future delivery or for the performance of future services,
whether or not he or she collects advance payments for such sale or
service. For the purposes of this chapter, the entity which engages
a person or his or her agent for the purpose of soliciting, is also
considered a solicitor within the meaning of this section and is subject
to the provisions of this chapter.
Includes any point or distance within 0.3 of a mile in all
directions of a stationary location.
Any motor vehicle as defined in the Vehicle and Traffic Law
of New York.
To peddle, hawk, sell, barter or lease, or to offer to sell,
barter or lease, or to display for sale, barter or lease any goods,
wares, merchandise or services in a public place.
A.
It is prohibited to engage in itinerant trading, hawking
and peddling or making a sale by sample and taking orders for future
delivery of goods, produce, wares, books, magazines and periodicals
or merchandise of any description, in or upon the public highways
or public places of the Town or upon private property, by calls from
house to house, without obtaining a license as herein provided.
B.
A license must be obtained by each individual who
peddles or solicits, regardless of whether or not he or she is affiliated
with a company, firm, partnership, corporation, unincorporated association
or is a principal or agent thereof of any entity which engages a person
as their agent for the purposes of peddling.
Such prohibition shall not apply to:
A.
The peddling of meats, fish, fruit and farm produce
by farmers and persons who produce such commodities, nor does it apply
to any person, firm or corporation who operates a regularly established
place of business within the Town of Bedford to which orders may be
given through a delivery man, nor does it apply to any charitable,
educational, fraternal or religious organization.
B.
A sale conducted pursuant to an order of any court.
C.
A child 18 years of age or under who resides within
the Town of Bedford and who solicits or peddles on behalf of a charitable,
religious, athletic, social, educational or civic organization, including
but not limited to the Boy Scouts, Girl Scouts, Cub Scouts or Brownie
Scouts or clubs, classes or organizations sponsored by a public or
private school.
D.
A not-for-profit-organization's sale of food ancillary
to a fundraising event, such as a picnic or carnival, that lasts no
longer than five consecutive days. This exemption shall not apply
to any door-to-door peddling or soliciting.
A.
Every applicant for a license is required to file
with the Town Clerk a written application supplying the following
information:
(1)
The particular business, trade or occupation for which
the license is required.
(2)
The manner or means of conveyance in which the business,
trade or occupation is to be conducted.
(3)
The name and address and age of the applicant and
the name of the person, firm or corporation he represents.
(4)
Evidence of compliance with Town of Bedford Planning
Board and/or Building Department requirements.
B.
Criminal history.
(1)
It is hereby mandated that a criminal history check
will be made for each applicant.
(2)
Any felony conviction record will preclude an applicant
from licensure.
(3)
It is necessary to scrutinize the background of all
license applicants, as they may become privileged to knowledge of
homes that are unoccupied during certain hours.
(4)
All applicants must be fingerprinted by a third-party agency under
contract with the New York State Division of Criminal Justice Services
[DCJS]. Applicants shall be responsible for the fingerprinting fee,
the processing fee and all other associated fingerprinting fees. The
third-party agency will then submit the fingerprints to the DCJS for
a criminal background investigation.
[Amended 7-17-2018 by L.L. No.
10-2018]
(5)
The Town of Bedford Police Chief and/or his or her designee shall
be responsible from reviewing the criminal history record information
(CHRI) disseminated by DCJS. All applicants are responsible for ensuring
that their background check and any CHRI, including but not limited
to any information provided by DCJS, is provided to and reviewed by
the Police Chief and/or his or her designee prior to any application
being determined to the Town Clerk.
[Amended 7-17-2018 by L.L. No.
10-2018]
C.
Each
applicant must file with his/her application two unmounted, unretouched
photographs of himself/herself, 1 1/4 inches by 1 1/2 inches
in size, taken within 30 days preceding the filing of the application.
One photo shall be attached to the license when issued, the other
shall be affixed to the application.
D.
Any
decision regarding a prospective applicant's fitness for a permit
based upon a conviction contained in the criminal history background
information obtained from the DCJS must be made upon consideration
of New York State Correction Law §§ 701 through 703-b
and §§ 751 through 753.
[Added 7-17-2018 by L.L. No. 10-2018[1]]
[1]
Editor's Note: This local law also redesignated former
Subsection D as Subsection E.
E.
The peddler or solicitor shall keep his/her license with him/her
at all times while soliciting in the Town of Bedford and exhibit it
upon the request of any person.
The method of issuing such licenses shall be
in accordance with Town Law § 137.
Any honorably discharged member of the Armed
Forces of the United States, holding a license pursuant to § 32
of the General Business Law, must file a further application with
the Town Clerk for the issuance of a local license under the same
conditions as any other peddler. No fee shall be required of any such
veteran of the Armed Forces of the United States, except that conveyances
not owned by such veteran shall be licensed at the usual fee.
A.
No licensed hawker, peddler or solicitor shall permit
any cart, wagon or vehicle owned or operated or controlled by him
to stand stationary or remain stationary, nor shall he sell or offer
for sale therefrom or from any pack or container any goods, wares
or merchandise of any kind within the lines of any street, highway
or sidewalk in the Town of Bedford, within 300 feet of any schoolhouse
or school grounds or within 1,500 feet of any public market or store
engaged in the business of selling the same goods, wares and merchandise
offered by the licensee, or in front of any premises if the owner
or any lessee thereof objects thereto.
B.
No peddler or solicitor shall have any exclusive right
to any location in any street or on any public property, nor shall
any peddler or solicitor be permitted to occupy any stationary location
in any street or on any public property. No person may peddle or solicit
in any congested place or area when or where such activity may impede
or inconvenience the public or add to the congestion of such place
or area. For the purpose of this subsection, the judgment of any peace
officer or police officer, exercised in good faith, shall be deemed
conclusive as to the existence of congestion and as to whether the
public is impeded or inconvenienced.
Any violation of this chapter shall be a misdemeanor
and may be punishable by a fine not exceeding $250 or by imprisonment
not exceeding 30 days, or by both such fine and imprisonment.
A.
Unless otherwise authorized by the Town Clerk, no
person shall peddle or solicit in the Town except during the hours
from 10:00 a.m. to 8:00 p.m. on Monday through Saturday of each week,
other than legal holidays. This limitation on days and hours shall
be set forth on each license issued pursuant to this chapter.
B.
No person shall solicit or peddle in the Town parks
during the hours of operation of the concession stands as posted at
the entrance of the pool facilities, day camps and concession stands
without the prior written approval of the Superintendent of Recreation
and Parks.
[Added 7-17-2018 by L.L. No. 10-2018]
A.
Any owner and/or occupant of a residential property located in the
Town who wishes to prohibit soliciting and peddling on their property
or premises shall complete a form available in the Town Clerk's
office and on the Town's website and submit it to the Town Clerk
as required. The completion of the form will allow the owner/occupant's
premises to be included on a list of properties that do not permit
solicitation or peddling (herein referred to as the "do-not-knock
registry" or "registry").
B.
In order to be removed from the registry, the owner and/or occupant
must complete a form indicating that he/she no longer wants his/her
property to be included on the registry.
C.
Any owner and/or occupant who has requested placement on the do-not-knock
registry pursuant to this chapter shall be able to purchase from the
Town, for a nominal fee, a sticker or sign for display indicating
enlistment on the do-not-knock registry.
D.
All solicitors and peddlers shall be required to obtain the current
do-not-knock registry at the time of issuance of a permit or at the
time of registration to solicit pursuant to the provisions of this
chapter.
E.
Peddlers and solicitors shall not peddle or solicit at any property
or premises identified on the then-current do-not-knock registry.
F.
It shall be the responsibility of the peddler and/or solicitor to
obtain updated copies of the registry and to check each property or
premises for the presence of signage identifying that the property
or premises is on the do-not-knock registry.
G.
Solicitation in connection with political, educational, charitable,
religious or other noncommercial purposes shall not be subject to
the provisions of this section regarding the do-not-knock registry.
Such licenses shall not be transferable and
shall not be valid for the use by any agent or employee of the licensee.
