[HISTORY: Adopted by the Town Board of the Town of Sardinia 7-11-1984. Amendments noted where applicable.]
A.Â
It shall be unlawful, except as herein provided, for any person to
act as a canvasser or for any person to engage in purchasing, buying,
bartering, selling, peddling, hawking or vending goods, wares and
merchandise or other personal property or soliciting orders or subscriptions
for the sale or purchase thereof by going from house to house within
the limits of the Town of Sardinia, whether he or she is the principal
or an employee, agent or representative of any other person or business
entity, without first obtaining a license from the Town Clerk of the
Town of Sardinia.[1]
[1]
Editor's Note: Original Section 2, License Fees, which
immediately followed this subsection, was repealed 8-26-1989 by L.L.
No. 4-1989.
B.Â
Any person who shall hereafter canvass and/or solicit for the sale
of or subscription to newspapers, periodicals, magazines, books, pamphlets
or other publications or engage in canvassing and soliciting for contributions
for or subscriptions to any purpose by going door to door within the
Town of Sardinia must first apply to the Town Clerk for a permit and
shall pay the permit fee so required.
[Added 8-26-1989 by L.L.
No. 4-1989; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Nothing in this chapter shall be held to apply to persons who do not fit the descriptions set forth in § 88-1; 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 where there are employees for soliciting orders from customers and delivering the same; to farmers and persons who produce such commodities or to dealers in milk, baked goods, heating oil and daily newspapers or to the peddling of meats, fish, fruit and similar produce; to any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York; to persons soliciting or collecting for any bona fide educational or charitable organization having a permanent office within the Town of Sardinia or any school districts servicing the Town; to students under the age of 21 years pursuing part-time self-employment; or to any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions. All persons named above shall be subject to restrictions hereinafter delineated.
[Amended 8-26-1989 by L.L. No. 4-1989; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The fees for a license or permit shall be $20 per calendar year.
All registrants for a license or permit under this chapter shall
file with the Town Clerk an application for said license or permit,
showing, under oath, his or her name, age, place of residence, and
if the applicant is a sole proprietor, employee, independent contractor,
agent or representative of any other person or other business entity,
along with such information as the Town Clerk, in his or her discretion,
may require. Any applicant refused a license by the Town Clerk may
appeal to the Town Board. Said complaint shall be heard by the Town
Board at its next regular meeting, provided that written notice is
given by the aggrieved applicant to the Town Clerk within five days
after the denial of said license or permit.
A.Â
The licenses and permits provided for herein shall be issued by the
Town Supervisor and shall be countersigned by the Town Clerk. The
Town Clerk shall keep a record of the licenses issued and the amount
of the fee to be paid for them. At the time of the approval of the
permit, the applicant shall pay to the Town Clerk the license or permit
fee, and a receipt shall be given to the applicant for said fee.
B.Â
The holder of the license and permit must carry both a copy of the
license or permit and a copy of the endorsed receipt, and said license
holder or permit holder shall, upon request, show the applicable documents
to those who request them.
C.Â
A license holder or permit holder may do business under the terms
of the license or permit between the hours of 8:30 a.m. and 6:30 p.m.,
Monday through Saturday, and it shall be specifically noted on each
permit that the permit is void on Sundays.
A.Â
Licenses or permits issued by the Town of Sardinia for the purposes
described herein are not transferable. No license or permit issued
under this chapter shall include more than one person, nor may any
person hold more than one license of any one kind.
B.Â
If a license holder or permit holder proves to the satisfaction of
the Town Clerk that he or she is the agent or representative of some
other person or business entity, then the license may be surrendered
by said agent or employee to the Town Clerk and a new license or permit
will be reissued by the Town Clerk to another agent or employee of
said person or business entity. There shall be no fee for such services.
However, any person assigning or transferring or attempting to assign
or transfer any license or permit issued hereunder, except as expressly
provided herein, shall be guilty of a violation of this chapter.[1]
[1]
Editor's Note: Original Section 8, Those Exempt from
Fee for License or Permit, which immediately followed this section,
was repealed 8-26-1989 by L.L. No. 4-1989.
The Sardinia Town Board does, by this chapter, reserve to itself
the authority, in order to prevent unnecessary hardship or when, in
the judgment of the Board, the public interest of the Town will be
promoted thereby, to permit in whole or in part the reimbursement
of any fee for any license or permit issued under this chapter. In
such case, the Town Clerk shall render to the Town Board a statement
of the action taken, the extent to which the fee for the license or
permit is remitted or waived and that such license or permit may take
effect only after the Town Clerk has endorsed the same with the approval
of the Town Board.
A.Â
License or permit fees shall not be applied by the Town Board so
as to constitute an excessive burden on interstate commerce. Any applicant
or claimant claiming that said license fees are a burden upon interstate
commerce may apply to the Town Supervisor for an adjustment of the
fees. The Town Supervisor shall investigate and make findings of fact
to determine if the fee is unreasonable or discriminatory concerning
the applicant's business, and if the fee has not been paid, a
fee that is fair and reasonable to all parties will be set. If said
fee has been paid, a full or partial refund over and above the amount
fixed by and between the parties shall issue.
B.Â
The Sardinia Town Board may fix a fee upon a percentage of gross
sales or other calculations which will assure that the fee charged
will not be discriminatory and that it is in line with fees charged
to other businesses for the privilege of doing business. The Town
Board may, in its discretion, require the applicant to provide it
with statements under oath concerning the gross sales of the business.
[Amended 8-26-1989 by L.L. No. 4-1989]
Any persons violating any of the provisions contained herein
shall be guilty of a violation and, if convicted or upon a plea of
guilty thereto, may be punished by the levy of a fine of not more
than $250 or imprisonment for a term not exceeding 15 days, or both,
for each violation. Each separate violation of this chapter shall
constitute an offense, and each day that the violation occurs shall
be considered a separate offense.
