As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
SOLICITOR
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, except newspapers
or milk, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
VENDOR, HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from any car, bicycle, or in any public
street or public place or by going from house to house or place of
business to place of business on foot 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 or newspapers.
It shall be unlawful for any person within the corporate limits
of the Town of Clifton Park 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.
The license fee shall be $200 per annum, and if the licensee
shall have more than one person be covered by the license issued,
there shall be an additional fee of $25 per person for each license
so issued.
Vehicle permits will be issued for placement on the dashboard
of each vehicle to be used in the solicitation or door-to-door activity.
Upon referral from the Town Clerk, the Town Board may schedule
a public hearing to determine if good cause has been shown for revocation
of any license issued under this chapter, consistent with Section
137 of the New York State Town Law. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason or reasons therefor in writing
shall be served by the Town Board or its designee upon the person
named in the application by mailing the same to the address given
in the application, at least 10 days prior to the hearing. The applicant
shall have the right to attend the hearing and to present any evidence
or information in reply to the notice of revocation.
A licensed vendor, hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions of merchandise.
B. Not use the license provided by the Town after the expiration or
revocation of the license represented by him.
C. Keep the vehicles and receptacles used by him in a clean and sanitary
condition.
D. Not 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.
E. Not permit any vehicle used by him to stop or remain on any crosswalk.
F. Not 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.
G. Not hawk, peddle, vend or solicit orders for goods, wares or merchandise
door-to-door before 10:00 a.m. or after 30 minutes before dusk
H. Behave in an orderly and peaceful manner, refraining at all times
from aggressive or deceptive sales technique. Individuals issued licenses
under this chapter agree to immediately depart the premises of a householder,
owner or occupant upon being requested to do so.
I. Not remain stopped or standing at any one place for a period of time
in excess of four hours within any twenty-four-hour period.
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, 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
the applications and of all licenses granted under the provisions
of this chapter, giving the number and date of each license, the name
and residence of the person licensed, the amount of license fee paid
and the date of revocation of all licenses revoked.
Any person who himself or by his clerk, agent or employee shall
act as a vendor, hawker, peddler or solicitor, as herein defined,
without a license or who shall violate any of the provisions of this
chapter or who, having had his license revoked, shall continue to
act as a vendor, hawker, peddler or solicitor shall be liable to a
penalty of not more than $250 for each offense. In addition, a violation
of any of the provisions hereof shall constitute disorderly conduct
and the person violating the same shall be a disorderly person.