[HISTORY: Adopted by the Town Board of the
Town of East Fishkill 2-28-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 140,
Peddling and Soliciting, adopted 9-14-1989 by L.L. No. 5-1989, as
amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A large wheeled vehicle from which food is sold that typically
contains cooking facilities where the food is prepared.
[Added 6-23-2022 by L.L. No. 6-2022]
All areas legally open to public use as public streets, sidewalks,
roadways, highways, parkways, alleys and any other public way.
Any person, including an employee or agent of another, who
sells or offers to sell services, food, beverages, goods or merchandise
on any public street or sidewalk from a stand, motor vehicle or from
his or her person, or one who travels by foot, wagon, motor vehicle,
pushcart or any other method of transportation from house to house
or street to street selling or offering to sell services, food, beverages,
goods or merchandise. This shall include corporations, limited liability
companies, partnerships, and their agents.
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the Department of Motor Vehicles, used for the display,
storage or transportation of articles offered for sale by a vendor.
A solicitor, peddler or vendor who uses a vehicle or stand
and who operates from the same location for more than three days.
This shall include corporations, limited liability companies, partnerships,
and their agents.
A.
It shall be unlawful for any person, except as exempted herein, to
solicit, peddle or vend within the Town of East Fishkill without first
obtaining a license from the East Fishkill Town Clerk, as herein provided.
A.
No part of this chapter shall be enforced so as to conflict with
Article 4, § 32, of the General Business Law of the State
of New York, providing for exemption for veterans.
B.
The requirements of this chapter shall not apply to the following,
provided that official uniforms, clothing or other suitable identification
is displayed:
(1)
Any nonprofit religious, charitable, educational, civic or political
organization (including candidates for elective office or their representatives).
(2)
Any such organization as the Boy Scouts, Girl Scouts or local volunteer
firemen.
(3)
Sales conducted pursuant to statute or by order of any court.
(4)
The peddling of milk, meats, fish, fruit and similar produce by farmers
and persons who produce such commodities.
Applications for licenses or a renewal thereof by solicitors,
peddlers or vendors shall be made to the Town Clerk, shall be sworn
and in writing, and shall contain the following information:
A.
Name, age, telephone number, permanent address and current address,
if different, or business address.
B.
Physical description of the applicant.
C.
A brief description of the nature of the business to be conducted
and the goods to be sold.
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E.
If a vehicle is to be used, a description of such vehicle and its
license number.
F.
A description of the proposed location(s) of the vending business
and the length of time during which it is proposed that the business
shall be conducted.
G.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
H.
A photograph of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches
by two inches.
I.
Two business references located in the County of Dutchess, State
of New York, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
J.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance regarding
soliciting, peddling or vending, the nature of the offense and the
punishment or penalty assessed therefor.
K.
If the application is for a license to handle food in any form, the
applicant shall submit a valid permit issued by the Dutchess County
Health Department establishing compliance with the provisions of the
Dutchess County Public Health Regulations.
L.
Proof that the applicant holds a New York State sales tax identification
number, where applicable.
M.
A copy of any other license or permit required by any other governmental
agency in connection with the applicant's business.
N.
Any change in circumstances with regard to the information provided
in the application or on the license shall be reported to the Town
Clerk within 30 days.
A.
An application to solicit, peddle or vend accompanied by all required
information shall be submitted to the East Fishkill Town Clerk. The
Clerk shall refer the application to the Chief of Police.
B.
The Chief of Police shall review and investigate the application
and make a determination within 30 days of receipt. The Chief of Police,
after such investigation, may reject, in writing, an application for
a license if the issuance of the license would involve an unreasonable
risk to property or to the safety or welfare of specific individuals
or of the general public.
C.
In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his approval, subject to conditions of § 140-5D, on the application and shall return the application to the Clerk.
D.
The police may impose reasonable conditions on a license to ensure
that any peddling from a vehicle in the public way does not interfere
with traffic flow and safety. Such conditions may include, but are
not limited to, placement of vehicles used in peddling, parking and
hours of operation.
E.
If approved, the Town Clerk will issue a license after approval of a list of sites pursuant to a resolution from the Town Board and payment of the appropriate fee pursuant to § 140-6, and the license shall contain the following information:
[Amended 6-23-2022 by L.L. No. 6-2022]
(1)
The name, address and photograph of the licensee.
(2)
The kind of goods to be peddled or solicited thereunder.
(3)
The amount of fee paid.
(4)
The peddler's license number.
(5)
The date of issuance and the date of expiration of such license.
(6)
The signature of the Town Clerk or authorized deputy.
(7)
Any conditions imposed by the Chief of Police.
F.
Denial of a license is subject to review by the Town Board, upon
application, within 30 days of the date of the denial.
An applicant for a license under this chapter shall pay an annual
license fee, per vendor, as set from time to time by the Town Board.
No license shall be issued to an applicant unless the applicant
furnishes proof to the Town of a public liability bond or insurance
policy in an amount not less than $1,000,000 for property damage and
injuries, including injury resulting in death, caused by the operation
of the vending business.
Each licensee shall carry on his person all licenses issued
by the Town Clerk at all times and shall exhibit same to any Town
official or police officer upon request. If such license is lost or
stolen, such shall be reported to the Town Clerk within 10 days. Upon
such notification, the Town Clerk shall issue a replacement license,
payable to the Town Clerk, in an amount as set from time to time by
the Town Board.
No license issued pursuant to this chapter may be used or displayed
at any time by any other person or entity than to whom the license
was issued.
A.
Restricted and prohibited locations.
(1)
Pursuant to § 1157, Subdivision (c), and § 1800 of the New York State Vehicle and Traffic Law, no solicitor/peddler/vendor shall occupy any part of a state highway in any manner for the purpose of selling or soliciting, except a veteran holding a peddler's license pursuant to Article 4 (§ 32 and following) of the General Business Law. Pursuant to § 177-12 of the East Fishkill Code, no person shall occupy any part of any highway in the Town of East Fishkill in any manner for the purposes of soliciting monetary contributions.
(2)
No solicitor/peddler/vendor who is licensed by the Town to sell from
a vehicle shall solicit, peddle or vend on privately owned lands without
permission from the owner unless specifically authorized by the Town
Board to do so for an event such as a flea market, carnival, circus,
community day or any similar activity.
(3)
It shall be unlawful for any solicitor, peddler or vendor in plying
his trade to enter upon any premises or property, or to ring the doorbell
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 solicitors, peddlers or vendors," or other
wording, the purpose of which purports to prohibit soliciting or peddling
on the premises.
(5)
No solicitor/peddler/vendor shall have any exclusive right to any
location in the public streets, nor shall any be permitted a stationary
location without a special permit, nor shall any be permitted to operate
in a congested area where such operation might impede access to the
entrance of any adjacent building or driveway or inconvenience the
public. For the purpose of this chapter, the judgment of any police
officer or Building Inspector exercised in good faith shall be deemed
conclusive as to whether the area is congested or the public impeded
or inconvenienced.
B.
Use of signs and displays. It shall be lawful for peddlers to use
signs which are painted on or affixed to a peddler's vehicle, provided
same do not exceed the dimensions of the vehicle on which they are
placed, and such vehicle can be driven safely with the sign as affixed.
Such permitted signs shall be exempt from the provisions of the East
Fishkill Zoning Ordinance.[1] The use of other movable, portable and/or freestanding
signs by solicitors, peddlers or vendors is prohibited.
C.
Restrictions on times and days. A solicitor/peddler/vendor shall
not sell or solicit on a house-to-house or door-to-door basis on Saturdays,
Sundays or holidays, and he or she shall not solicit on other days
except between the hours of 9:00 a.m. and 6:00 p.m.
D.
Nonsolicitation list. The Town Clerk's office shall keep a list of
properties that have requested in writing that solicitors/peddlers/vendors
not solicit from them. This list shall be continually updated and
provided to a solicitor/peddler/vendor during its initial application
and subsequent renewals. No solicitor/peddler/vendor shall solicit
anyone from this list.
The East Fishkill Police Department and the Building Inspector
shall enforce the provisions of this chapter.
A violation of this chapter shall constitute an offense punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days and/or a civil penalty of $1,000. Each day said violation
continues shall constitute a separate violation.
Licenses issued under the provisions of this chapter may be
revoked by the Town Board of the Town of East Fishkill, after notice
and hearing, for any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on business as a peddler/solicitor/vendor.
C.
Any violation of this chapter.
D.
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
E.
Upon the recommendation of the Dutchess County Department of Health
that the sale of food or food products or other edibles is being conducted
under unsanitary conditions or that there is a violation of law, regulation,
code or ordinance cited by the Dutchess County Department of Health.
The Town Clerk shall keep an accurate record of all licenses
issued under this chapter.
A license issued pursuant to this chapter shall be good for
one year from date of issuance.
Application for renewal shall be processed as a new application.
The Town shall review each application for renewal to determine that:
A.
The applicant is in full compliance with the provisions of this chapter.
