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Town of Sardinia, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Sardinia 7-11-1984. Amendments noted where applicable.]
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]
Editor's Note: Original Section 2, License Fees, which immediately followed this subsection, was repealed 8-26-1989 by L.L. No. 4-1989.
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.
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.
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.
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.
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.
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]
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.
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.
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.