[HISTORY: Adopted by the Town Board of the Town of Macedon 5-11-1989 (Ch. 92 of the 1996 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall not apply to a person selling milk, newspapers and food distributed on regular customer routes. The term "solicitor" shall, however, also mean and include any person taking or offering to take orders for goods, wares or merchandise or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery at the home or residence of any person who has been solicited prior thereto by telephone or has responded to any type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.
- VENDOR, HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any vehicle or any public street or public place or by going from house to house or place of business to place of business on foot or on or from any vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and food distributed on regular customer routes.
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 persons under the age of 18 years.
By farmers and truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms and gardens, so long as those farms and gardens shall be located within the Town of Macedon.
To any honorably discharged member of the armed forces who has procured a license issued by the County Clerk, as provided by the General Business Law of the State of New York.
By berry pickers who sell berries of their own picking, as long as those berries shall have been grown in the Town of Macedon.
Nonprofit organizations and persons working for such organizations shall also be exempt. However, such organizations shall register annually with the Town Clerk in the event that they plan to engage in vending, hawking, peddling or soliciting and shall indicate the type of activities to be undertaken and the time when they will be performed; provided, however, that those who shall be exempt from the terms of this chapter shall nevertheless register with the Town Clerk before doing any of the acts regulated by this chapter and receive from the Town Clerk a license indicating that he has so registered.
It shall be unlawful for any person within the corporate limits of the Town to act as a vendor, hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk and shall file at the same time satisfactory proof of good character. Such application shall give:
The number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired.
The kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform.
The method of distribution.
The name, address and age of the applicant.
The name and address of the person, firm or corporation he represents.
The length of time the applicant desires the license.
Such other information as may be required by the Town Clerk.
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.
[Amended 6-25-2020 by L.L. No. 4-2020]
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a cash deposit or a surety company bond or other bond secured by sufficient collateral in amounts required by the Town Board, said bond to be approved by the Town Attorney as to form and surety conditioned for making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of a licensed solicitor shall have right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the Town for a period of 90 days after the expiration of any such license, unless sooner released by the Town Board.
Upon the filing of the application, bond and certificate, as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 221-3, signed by the Town Clerk and setting forth the date of issuance and the effective date of said license which latter date shall be three days after the date of issuance counting the date of issuance as the first day. Except as hereinafter provided, no license shall be refused, except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable; any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Town Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued and 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 his license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.
Such licenses shall automatically expire on December 31 following the date of issuance of such license, but such licenses may specifically state and provide for an earlier expiration date.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 18 years of age. No applicant to whom a license has been refused or who has a license 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 can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
[Amended 3-28-1996 by L.L. No. 2-1996; 6-25-2020 by L.L. No. 4-2020]
The license fee shall be as provided by resolution adopted by the Town Board from time to time, and the license shall be issued to individuals only. If the licensee hires or employs or in any way uses other persons to work for him, such person shall also be licensed in accordance with the provisions of this chapter, with a separate license fee for such person as provided by resolution adopted by the Town Board.
[Amended 3-28-1996 by L.L. No. 2-1996]
The Town Clerk may suspend or revoke any license issued under this chapter for any of the following reasons:
Fraud or misrepresentation in the application for the license.
Fraud or misrepresentation in the course of conducting the business of vending.
Conducting the business of vending contrary to the provisions of this chapter or the conditions of the license.
Conducting the business of vending in such a manner as to create a danger to the public health, safety or welfare.
Conviction of any crime involving moral turpitude while holding a vending license issued under this chapter.
Upon suspension or revocation, the Town Clerk shall serve notice of such suspension or revocation and the reasons therefor, in writing, upon the person named in the application or by mailing the same to the address given in the application.
[Amended 6-25-2020 by L.L. No. 4-2020]
Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing written notice of appeal with the Town Board of the Town of Macedon.
[Amended 3-28-1996 by L.L. No. 2-1996]
It shall be unlawful for any person to enter upon private property for the purpose of peddling or so soliciting before the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of any day, except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or solicitor in plying his 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 peddling or soliciting on the premises.
No peddler or solicitor shall peddle, vend or sell his goods or wares within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall be permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
No peddler 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 peddler or solicitor will blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his 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 peddler or solicitor shall represent or state or otherwise indicate that he is not intending to sell or otherwise enter into a contract with the person with whom he is making contact or anyone else in the household.
All orders taken by licensed 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 Town Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, fee paid and the date of revocation of all licenses revoked.
In addition to the foregoing, the Court may also suspend or revoke any license of any person convicted of violating any provisions of this chapter.