[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 9-3-2019 by L.L. No. 7-2019.[1] Amendments noted where applicable.]
[1]
This local law also repealed former Ch. 156, Peddling and
Soliciting, adopted 6-1-1970.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
A.
Generally, nothing in this chapter shall apply to sales conducted
pursuant to statute or by order of any court or to any person selling
personal property at wholesale to dealers in such article.
B.
The licensing provisions of this chapter shall not apply to:
(1)
Farmers and truck gardeners who, themselves or through their employees,
vend, sell or dispose of the products of their own farms or gardens.
(2)
Party plans.
(3)
Calls in response to prior invitation.
(4)
Honorably discharged members of the Armed Forces of the United States
and veterans of any war who shall have obtained a license from the
County Clerk of the County of Saratoga pursuant to the provisions
of § 32 of the General Business Law of the State of New
York. However, such persons must present the license issued by the
County Clerk to the Town Clerk, who will issue a Town license without
payment of a license fee. Such persons shall otherwise be subject
to the requirements of this chapter.
(5)
Minors 18 years of age or under engaged in providing such services
as snow shoveling, grass cutting, leaf raking, cookie sales, lawn
clearing and other similar home services as independent contractors,
or for school club, sports or civic associations.
C.
This chapter shall not be construed to prevent route salesmen or
other persons having established customers to whom they make periodic
deliveries
D.
Charitable, religious, educational or civic organizations, or political
organizations.
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.
A.
Every applicant for a license under this chapter shall file with
the Town Clerk a sworn application in writing on a form to be furnished
by the Town Clerk setting forth the following:
(1)
A brief description of the nature of the business and the goods or
services to be sold, and a copy of any sales material or handouts
proposed to be distributed.
(2)
Name, address, telephone number, web address and email address for
the company or entity seeking the license as well as the owners, partners
and principals of the Company
(3)
A letter of authorization from each business supplying merchandise
or services which the applicant sells or solicits orders for.
(4)
Copies of all order and receipt forms used by the applicant in soliciting
sales or orders.
(5)
With regard to each person or individual for whom authorization to
solicit under this license is sought, the following information must
be provided:
(a)
The name and address of each such employee or agent, both legal
and local, if different.
(b)
Date of birth.
(c)
Copy of driver's license or government issued ID.
(d)
Two photographs of the applicant, two inches by two inches in
dimension, taken within 30 days of the date of the application. Such
photographs shall show the head, full face and shoulder of the applicant.
One copy of the photograph shall be attached to the application, and
one to the license.
(e)
A list of all other municipalities in which the applicant has
peddled within the last three years, together with inclusive dates
of such activities, together with a list of previous peddler's
license permit numbers, noting which are still in effect.
(f)
For vendors selling ice cream, shaved ice, or other food items,
an active permit from The NYS Department of Health.
(g)
A description of all vehicles to be used to transport any of
the individuals to be covered by the license, including make, model,
color and license plate number.
(h)
A statement as to whether the applicant has been convicted of
any crime, misdemeanor or violation of any municipal ordinance or
local law, the nature of the offense and the punishment or penalty
assessed therefor.
(i)
The Town Clerk is authorized to update the form of application
from time to time in a manner not inconsistent with this chapter.
(6)
Each application shall identify by year, make, model and license
plate each vehicle to be used by licensees issued under this chapter.
B.
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 bond to the Town of Clifton Park, approved
as to form and surety by the attorney employed by the Town Board,
in the sum of $1,000 with a sufficient surety or sureties, or sufficient
collateral security, 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 any 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 of Clifton Park for a period
of 90 days after the expiration of any such license, unless sooner
released by the Town Board.
A.
Upon filing of the application, bond and certificate as provided in § 156-3, the Town Clerk shall, review the application and references provided, and make a determination on the application within seven business days. If an application is denied, the applicant may appeal to the Town Board or its designee within five days of denial. The Town Board or its designee will hold a hearing on the Denial within 15 days of the notice of appeal and issue a determination within five days of the hearing. Such determinations on appeal shall be reviewable by the Supreme Court pursuant to Article 78 of the CPLR.
B.
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.
C.
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.
D.
All licenses shall be issued by the Town Clerk in form and content
determined by the Clerk.
E.
Such licenses shall expire on January 1 following the date of issuance
of such licenses, but such licenses may specifically state and provide
for an earlier expiration date.
F.
No license shall be granted to a person under 18 years of age.
G.
No applicant to whom a license has been refused or who has had 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.
H.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
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.
