[HISTORY: Adopted by the Town Board of the
Town of Southeast 10-8-2020 by L.L. No. 9-2020.[1] Amendments noted where applicable.]
This chapter shall be known and be cited as the "Peddling, Vending
and Soliciting Law of the Town of Southeast."
A.
Town residents of the Town have an inalienable interest in their
personal safety, comfort, well-being, and privacy in their residences
as well as their ability to provide and receive information regarding
matters of personal belief, political or charitable activities, and
goods and services lawfully in commerce.
B.
This chapter is enacted for the purpose of regulating local activities
of itinerant sellers and solicitors of orders for sale in order that
the peace, health, safety, welfare and good order of the Town and
its inhabitants be preserved.
C.
The Town has a substantial interest in protecting the well-being,
tranquility, personal safety, and privacy of its residents, which
includes protecting residents from unwanted, harassing, and disruptive
intrusions and solicitations upon residential property. The Town also
has a substantial interest in protecting residents from fraudulent,
misleading, or otherwise unfair consumer sales practices, deceptive
door-to-door solicitations, and criminal activity.
D.
There must be a balance between these substantial interests of the
Town and its residents and the effect of this chapter on any rights
of those regulated. Based on the collective experiences derived from
regulating business activity, protecting persons and property from
criminal conduct, responding to the inquiries and complaints of residents
regarding door-to-door and in-home canvassing and solicitation, the
experience of its law enforcement officers and those affected by door-to-door
and in-home canvassing and solicitation, as well as judicial decisions
outlining the boundaries of constitutional protections afforded and
denied persons seeking to engage in door-to-door and in-home canvassing
and solicitation, the Town adopts this chapter to promote the Town's
substantial interests in respecting residents' decisions regarding
privacy in their residences; protecting persons from criminal conduct;
regulating local activities of itinerant sellers and solicitors of
orders for sale in order that the peace, health, safety, and welfare
of the Town and its inhabitants shall be preserved; providing equal
opportunity to advocate for and against religious belief, political
position, or charitable activities; and permitting truthful, nonfraudulent,
and nonmisleading door-to-door solicitation regarding lawful goods
or services in intrastate or interstate commerce that does not violate
the property rights of any property owner or resident in the Town.
E.
The Town finds that the procedures, rules, and regulations set forth
in this chapter are appropriately and narrowly tailored to preserve
and protect the Town interests referred to herein while at the same
time balancing the rights of those regulated.
F.
Nothing herein is intended to interfere with or supplant any other
requirement of state or federal law regarding any license, permit,
or certificate that a registered solicitor is otherwise required to
have or maintain. Nothing in this chapter shall be construed to preempt
any provision of state or federal law.
For the purposes of this chapter, the following definitions
shall apply:
Speech or conduct intended to inform, promote, or support
a political position, or charitable activities.
The Town Board or designee of the Town Board responsible
for receiving the information from the Town and appellant regarding
the denial or suspension of a permit and issuing a decision as required
by this chapter.
The person or entity appealing the denial or suspension of
a permit, either personally as an applicant or registered solicitor,
or on behalf of the applicant or registered solicitor.
An individual who is at least 18 years of age and not a corporation,
partnership, limited liability company, or other lawful entity who
applies for a permit allowing door-to-door solicitation.
A standardized form provided by the Town to an applicant
to be completed and submitted as part of registration.
An original or copy, dated no older than 180 days prior to
the date of the application, of either a New York State Bureau of
Criminal Identification verified criminal history report personal
to the applicant; or verification by the New York State Bureau of
Criminal Identification that no criminal history rising to the level
of a disqualifying status exists for the applicant.
Advocating by persons or entities that either are, or support,
a charitable organization.
Includes any person, joint venture, partnership, limited
liability company, corporation, association, group, or other entity:
That is:
A benevolent, educational, voluntary health, philanthropic,
humane, patriotic, religious or eleemosynary, social welfare or advocacy,
public health, environmental or conservation, or civic organization;
For the benefit of a public safety, law enforcement, or firefighter
fraternal association; or
Established for any charitable purpose.
That is tax exempt under applicable provisions of the Internal
Revenue Code of 1986 as amended, and qualified to solicit and receive
tax deductible contributions from the public for charitable purposes;
and
That is registered in the State of New York and has a charter.
"Charitable organization" also includes a chapter, branch, area,
or office, or similar affiliate or any person soliciting contributions
within the state for a charitable organization that has its principal
place of business outside the Town or State of New York.
A person claiming or appearing to be at least 18 years of
age and of sufficiently sound mind and body to be able to engage in
rational thought, conversation, and conduct.
A fully completed application form, a BCI report, two copies
of the original identification relied on by the applicant to establish
proof of identity, and the tendering of fees.
The final entry of a conviction, whether by a plea of no
contest, guilty, entry of a judicial or jury finding of guilt, which
has not been set aside on appeal or pursuant to a writ of habeas corpus.
The criminal conviction is that offense of which the applicant or
registered solicitor was convicted, without regard to the reduced
status of the charge after completion of conditions of probation or
parole, and charges dismissed under a plea in abeyance or diversion
agreement.
Anything specifically defined in this chapter as requiring
the denial or suspension of a permit, and any of the following:
The applicant or registered solicitor has been criminally convicted
of:
Criminal charges currently pending against the applicant or
registered solicitor for:
The applicant or registered solicitor has been criminally convicted
of a felony within the last 10 years;
The applicant or registered solicitor has been incarcerated
in a federal or state prison within the past five years;
A final civil judgment has been entered against the applicant
or registered solicitor within the last five years indicating that:
The applicant or registered solicitor is currently on parole
or probation to any court, penal institution, or governmental entity,
including being under house arrest or subject to a tracking device;
The applicant or registered solicitor has an outstanding arrest
warrant from any jurisdiction; or
The applicant or registered solicitor is currently subject to
a protective order based on physical or sexual abuse issued by a court
of competent jurisdiction.
The practice of engaging in or attempting to engage in conversation
with any person at a residence, whether or not that person is a competent
individual, while making or seeking to make or facilitate a home solicitation
sale, or attempting to further the sale of goods and or services.
Includes a corporation, partnership, limited liability company,
or other lawful entity, organization, society or association.
The cost charged to the applicant or registered solicitor
for the issuance of a permit and/or identification badge, which shall
not exceed the reasonable costs of processing the application and
issuing the permit and/or identification badge.
A civil judgment that would be recognized under law as a
judgment to which collateral estoppel would apply.
The sale of prepared food products for immediate consumption
from a motor vehicle, trailer, platform, stand or tenet on any highway
or other place within the Town other than within a fully enclosed
building or a stand or outside sales and eating place maintained as
an adjunct to a food vending business maintained in any adjoining
fully enclosed building.
One or more tangible items, wares, objects of merchandise,
perishables of any kind, subscriptions, or manufactured products offered,
provided, or sold.
To make or attempt to make a sale of goods or services by
a solicitor at a residence by means of door-to-door solicitation,
regardless of:
The Town Clerk or other designee of the Town Board responsible
for receiving from an applicant or registered solicitor the completed
application and either granting, suspending, or denying the applicant's
permit.
A reasonably visible and legible sign that states "No Soliciting,"
or "No Solicitors," or "No Salespersons," or "No Trespassing," or
"No-Knock Registry Member," or words of similar import.
A permit and/or identification badge issued by the licensing
officer permitting door-to-door peddling, vending and/or solicitation
in the Town pursuant to the terms of this chapter.
One or more persons, corporations, partnership, associations,
organizations and all other entities.
Any actually held belief or information for, against, or
in conjunction with any political, social, environmental, or humanitarian
belief or practice.
Any person who has been issued a current permit by the Town.
The process used by the Town licensing officer to accept
a completed application and determine whether or not a permit will
be denied, granted, or suspended.
Any sincerely held belief or information for, against, or
in conjunction with, any theistic, agnostic, or atheistic assumption,
presumption or position, or religious doctrine, dogma, or practice
regardless of whether or not the belief or information is endorsed
by any other person or public or private entity.
Any living unit contained within any building or structure
that is occupied by any person as a dwelling consistent with the zoning
laws of the Town, together with the lot or other real property on
which the living unit is located. This does not include the sidewalk,
public street or public rights-of-way.
That person or entity responsible to provide the following
to an applicant, registered solicitor, and the competent individual
in a residence to whom a sale of goods or services is made or attempted
to be made by means of a home solicitation sale:
Maintaining a state sales tax number, a special events sales
tax number, computing the sales taxes owing from any sale of goods
or services, paying the sales taxes, and filing any required returns
or reports;
Facilitating and responding to requests from consumers who desire
to cancel the sale pursuant to applicable contractual rights or law;
and
Refunding any monies paid or reversing credit card charges to
those persons who timely rescind any sale pursuant to applicable contractual
rights or law.
A trucker gardener or farmer who himself or by his agents
sells or barters products of his own farm or garden from any location
within the Town, other than his residence or farm.
The conduct and agreement of a solicitor and the competent
individual in a residence regarding a particular good(s) or service(s)
that entitles the consumer to rescind the same within three days under
any applicable federal, state, or local law.
Those intangible goods or personal benefits offered, provided,
or sold to a competent individual of a residence.
Any of the following activities:
Seeking to obtain sales or orders for the exchange of goods,
wares, merchandise or perishables of any kind, for any kind of remuneration
or consideration, regardless of whether advance payment is sought;
Seeking to obtain prospective customers to apply for or to purchase
insurance, subscriptions to publications, or publications;
Seeking to obtain contributions of money or any other thing
of value for the benefit of any person or entity;
Seeking to obtain orders or prospective customers for goods
or services;
Seeking to engage an individual in conversation at a residence
for the purpose of promoting or facilitating the receipt of information
regarding home solicitation sale or purchase; and
Other activities falling within the commonly accepted definition
of soliciting, such as canvassing, hawking, or peddling.
A person(s) engaged in door-to-door solicitation or otherwise
engaged in activities constituting solicitation.
The information for an appeal of a denial or suspension of
a permit submitted in any type of written statement to the Town offices
by certified, registered, priority, overnight or delivery confirmation
mail, facsimile, or hand delivery.
An oral, written, or electronic report that is submitted to
and documented by the Town by any of the following:
A competent individual who is willing to provide law enforcement
or other Town employees with publicly available identification of
their name, address, and any other reliable means of contact;
A law enforcement officer with jurisdiction in the Town or a
licensing officer; or
Any other regularly established law enforcement agency at any
level of government.
That provides any of the following information regarding a registered
solicitor:
Documented verification of a previously undisclosed disqualifying
status of a registered solicitor;
Probable cause that the registered solicitor has a disqualifying
status that has not yet been confirmed to be a disqualifying status;
Documented, eyewitness accounts that the registered solicitor
has engaged in repeated patterns of behavior that demonstrates failure
by the registered solicitor to adhere to the requirements of this
chapter; or
Reasonable cause that continued licensing of the registered
solicitor creates exigent circumstances that threaten the peace, health,
safety, or general welfare of any individuals or entities within the
Town.
The Town of Southeast.
The Town Board of the Town of Southeast.
The Town Clerk of the Town of Southeast.
A business conducted in any motor vehicle, trailer or tent
or on any street or other open place for the sale of retail goods,
wares or merchandise, excepting prepared food and farm products.
The written form provided to the applicant by the Town wherein
the applicant agrees that the Town may obtain a name/date of birth
BCI background check on the applicant for licensing purposes under
this chapter, and which contains applicant's notarized signature.
A.
Unless otherwise authorized, permitted, or exempted pursuant to the
terms and provisions of this chapter, the practice of being in and
upon a private residence or property upon which a private residence
is located within the Town by solicitors, for the purpose of home
solicitation sales or to provide goods or services is prohibited and
is punishable as set forth in this chapter. It shall be unlawful for
any person to conduct or operate a transient retail business, roadside
farm market or food vending business, that is not specifically permitted
by this chapter.
B.
Further, it shall be unlawful for any person to solicit within the
Town without first having registered with the Town Clerk and having
received, and having in force and effect, a permit for the same, if
such is required by the Town Clerk.
C.
Additionally, no person shall engage in the following acts within
the Town:
(1)
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
(2)
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted in or
may result in:
(3)
Make any representation or misrepresentation concerning the listing
or sale of the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
(4)
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will or might undergo an adverse change
with respect to the religious, racial, or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
(5)
Place, canvass, or distribute any letter, sign, note, pamphlet, advertisement,
flyer, leaflet, placard, or other written material, to or upon a private
residence purporting an offer for sale or purchase for any property
that is not in fact offered for sale by the owner of said property.
(6)
Advertise for sale of rental property which is nonexistent or which
is not actually for sale or rental.
(7)
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, create or play upon
unjustified fear with the purpose of inducing or attempting to induce
the sale or listing for sale of real property.
(8)
Solicit or canvass any person whose name and property address is
included on the list maintained by the Town Clerk of persons requesting
that they not be canvassed or solicited, or solicit or canvass any
occupant of a residence displaying a "No Solicitation" notice or a
"No-Knock Registry Member" sign.
(9)
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
(10)
To aid, abet, incite, compel or coerce any person to engage
in any of the practices forbidden by this chapter or to obstruct or
prevent any person from complying with the provisions of this chapter.
(11)
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
(12)
Solicit or attempt to solicit the sale or rental or the listing
for sale or rental of real property without furnishing in written
form to the owner or occupier of such real property the name of the
person or organization soliciting such sale, rental or listing.
(13)
Solicit on sidewalks.
(14)
Maintain any booth or stand or place any barrels, boxes, crates
or other obstruction upon any street, sidewalk or public place for
the purpose of conducting business without the express advanced approval
of the Code Enforcement Officer or the Town Board.
(15)
Willfully misstating any fact about any article offered for
sale.
(16)
Willfully offering for sale any article of an unwholesome or
defective nature.
(17)
Call attention to his goods by blowing a horn, by ringing a
bell, other than a house doorbell, by shouting or crying or by any
loud or unusual noise, except that peddlers of ice cream and ice cream
products for immediate consumption are exempted from the foregoing
prohibition of the use of a bell.
(18)
Frequent any street, sidewalk or public place so as to cause
a private or public nuisance.
(19)
Fail to keep any vehicle or receptacle used by him in his licensed
business in a sound, clean and/or sanitary condition.
(20)
Fail to keep any edible articles offered for sale well-protected
from dirt, dust and insects.
(21)
Fail to deliver to every person to whom a sale is made or from
whom an order is taken a legibly written receipt, signed and dated
by the purchaser, setting out the total price, a description of the
goods or services sold or ordered and a statement of any payment received
by the purchaser.
(22)
Fail to leave premises promptly upon request of any occupant
of such premises.
(23)
Conduct business in a Town right-of-way or on Town property.
(24)
Conduct activities in such a manner as to interfere with the
pedestrian or vehicular use of the public streets and places.
(25)
Cause or permit the public streets and places to be littered
with papers, wrappings or other debris or refuse.
(26)
Conduct business within 100 feet of a street intersection.
D.
All solicitors shall immediately move from a location if so ordered
by any police officer or Town officer on grounds that the location
is unsafe. Refusal to obey such order shall be grounds for suspension
or revocation of the license. Such order may be appealed to the Town
Board in the manner set forth herein.
A.
The following are exempt from registration under this chapter:
(1)
Persons specifically invited to a residence by a competent individual
prior to the time of the person's arrival at the residence;
(2)
A wholesaler or distributor selling articles to dealers or merchants
who have an established place of business within the Town.
(3)
Persons soliciting in good faith for the benefit of any bona fide
fraternal, educational, religious, or charitable organization such
as Girl or Boy Scout programs, Little League, Rotary Club, Lions Club
or like-minded local civic groups soliciting for the benefit of organizations
that shall have otherwise been certified or otherwise been duly qualified
as required by law or by any competent governmental body or agency
unless there is a pending legal action or proceeding brought on behalf
of the New York State Department of Consumer Affairs or the Putnam
County Consumer Affairs Office against the organization;
(4)
Persons delivering goods to a residence pursuant to a previously
made order, or persons providing services at a residence pursuant
to a previously made request by a competent individual;
(5)
Persons advocating or disseminating information for, against, or
in conjunction with, any religious belief or political position regardless
of whether goods, services, or any other consideration is offered
or given, with or without any form of commitment, contribution, donation,
pledge, or purchase;
(6)
Students attending a public, private or parochial school within Putnam
county soliciting contributions to finance extracurricular social,
athletic, artistic, scientific or cultural programs, provided that
the solicitation has been approved in writing by the school administration
and filed with the Town, and that such student solicitors carry current
picture student identification from the educational institution for
which they are soliciting;
(7)
An honorably discharged veteran who holds a license granted pursuant
to § 32 of the General Business Law.
(8)
Persons engaged in the sale of cosmetics or household goods within
a residence, provided that such sales occur solely and exclusively
within a residence by permission of the owner thereof;
(9)
A child (under 18 years old) regularly attending any public or private
school within the County of Putnam;
(10)
Sales conducted pursuant to statute or Court order.
B.
All persons and organizations that are exempted from the license
requirements under this chapter shall maintain and keep records identifying
all persons soliciting funds within the Town, and such records shall
contain at least the name and the address of the person soliciting,
the areas solicited and the date or dates of solicitation. Said records
shall be made available for inspection by a law enforcement authority
or other enforcement official investigating any solicitor or peddler.
Unless otherwise exempt under this chapter, all persons desiring to engage in door-to-door solicitation within the Town, prior to doing so, shall submit a completed application to the licensing officer and obtain a permit in accordance with § 103-10. Any false statement on any application shall be grounds for denial or revocation of the permit.
The licensing officer shall provide a standard application form
for use for the registration of solicitors. Upon request to the licensing
officer, or as otherwise provided, any person or entity may obtain
in person, by mail, or facsimile, a copy of this application form.
Each application form shall require disclosure and reporting by the
applicant of the following information, documentation, and fee:
A.
Review of written disclosures. An affirmation that the applicant
has received and reviewed the disclosure information is required by
this chapter.
B.
Contact information.
(1)
Applicant's true, correct and legal name, including any former names
or aliases used during the last 10 years;
(2)
Applicant's telephone number, home address and mailing address, if
different;
(3)
If different from the applicant, the name, address, and telephone
number of the responsible person or entity;
(4)
The address by which all notices to the applicant required under
this chapter are to be sent;
(5)
The name and address of the firm represented, if any; and
(6)
The name and address of a person upon whom legal notice or process
may be served.
C.
Proof of identity.
(1)
An in-person verification by the licensing officer of the applicant's
true identity by use of any of the following which bear a photograph
of said applicant:
(a)
A valid driver's license issued by any state;
(b)
A valid passport issued by the United States;
(c)
A student identification card provided by an educational institution;
(d)
A valid identification card issued by any state; or
(e)
A valid identification issued by a branch of the United States
military.
(2)
Upon verification of identity, the original identification submitted
to establish proof of identity shall be returned to the applicant.
D.
Proof of registration. The applicant shall provide proof that either
the applicant, or the responsible person or entity, has registered
with all required regulatory authorities.
E.
Sales tax number. The applicant shall provide a sales tax number
for either the applicant, or for the responsible person or entity
for which the applicant will be soliciting.
F.
Marketing information. The applicant shall provide the following:
(1)
The goods or services offered by the applicant, including any commonly
known, registered or trademarked names;
(2)
Whether the applicant holds any other licenses, permits, registrations,
or other qualifications required by federal or state law to promote,
provide, or render advice regarding the offered goods or services;
(3)
The length of time for which the permit is required;
(4)
A description of the vehicle, including license number of the vehicle
the applicant intends to use in the Town; and
(5)
The location the applicant intends to sell goods, wares, services,
or merchandise or solicit orders for the same.
H.
Responses to questions regarding "disqualifying status." The applicant
shall be required to affirm or deny each of the following statements
on the application form:
(2)
Are any criminal charges currently pending against the applicant
for:
(3)
Has the applicant been criminally convicted of a felony within the
last 10 years.
(4)
Has the applicant been incarcerated in a federal or state prison
within the past five years.
(6)
Has a final civil judgment been entered against the applicant within
the last five years indicating that:
(7)
Is the applicant currently on parole or probation to any court, penal
institution, or governmental entity, including being under house arrest
or subject to a tracking device.
(8)
Does the applicant have an outstanding arrest warrant from any jurisdiction.
(9)
Is the applicant currently subject to a protective order based on
physical or sexual abuse issued by a court of competent jurisdiction.
(10)
If the applicant has been convicted of a crime, does the applicant
have a certificate of good conduct or certificate of relief from disabilities.
I.
Fee. The applicant shall pay the applicable permit fee(s) as determined
from time to time by resolution of the Town Board, which shall not
exceed the reasonable cost of processing the application and issuing
the permit and/or identification badge. Any person who presents a
valid current license issued by the Putnam County Clerk pursuant to
the provisions of the General Business Law of the State of New York
shall be exempt from paying the fees required by the Town for the
issuance of a permit under this chapter.
J.
Execution of application. The applicant shall execute the application
form, stating upon oath or affirmation, under penalty of perjury,
that based on the present knowledge and belief of the applicant, the
information provided is complete, truthful and accurate.
The application form shall be accompanied by written disclosures
notifying the applicant of the following:
A.
The applicant's submission of the application authorizes the Town
to verify information submitted with the completed application including,
but not limited to:
B.
The Town may consult any publicly available sources for information
on the applicant, including but not limited to databases for any outstanding
warrants, protective orders, or civil judgments.
C.
Establishing proof of identity is required before registration is
allowed.
D.
Identification of the fee amount that must be submitted by applicant
with a completed application.
E.
The applicant must submit a BCI background check with a completed
application.
F.
To the extent permitted by state and/or federal law, the applicant's
BCI background check shall remain a confidential, protected, private
record not available for public inspection.
G.
If the applicant will be soliciting for home improvement services,
the applicant must provide written proof that the provider of the
home improvement services is currently registered with or licensed
by the Department of Consumer Affairs of Putnam County.
H.
The Town will maintain copies of the applicant's application form,
proof of identity, and identification badge. These copies will become
public records available for inspection on demand at the Town offices
whether or not a permit is denied, granted, or renewed.
I.
The criteria for disqualifying status, denial, or suspension of a
permit under the provisions of this chapter.
The licensing officer shall not begin the registration process
unless the applicant has submitted a completed application. The original
identification submitted to establish proof of identity shall be returned
after the licensing officer verifies the applicant's identity. A copy
of the identification may be retained by the licensing officer. If
an original BCI background check is submitted by the applicant, the
licensing officer shall make a copy of the BCI and return the original
to the applicant.
The licensing officer shall review the completed application submitted by the applicant and issue a permit in accordance with the following: If deemed eligible, the licensing officer may issue only one permit per applicant for a term of one week, two months or six months. The term of the permit shall automatically expire unless renewed in accordance with § 103-10C.
A.
A permit may be issued upon satisfaction of the following conditions:
(1)
Applicant's submission of a completed application;
(2)
Applicant's submission of the required fee;
(3)
Applicant establishes proof of identity;
(4)
The applicant's representations on the application form do not affirmatively
show a disqualifying status;
(5)
The BCI report does not affirmatively show a disqualifying status;
and
(6)
The applicant has not previously been denied a permit by the Town
or had a permit revoked for grounds that still constitute a disqualifying
status under this chapter.
B.
Within five calendar days of the date the applicant has submitted
a completed application the Town shall:
(1)
Take any and all actions it deems appropriate to verify the truthfulness
and completeness of the information submitted by the applicant, including
but not limited to any actions disclosed with the application form.
C.
Renewal permit. A permit that is not suspended, revoked, or expired
may be renewed prior to the expiration of the term upon the request
of the registered solicitor and the submission of a renewal application
and payment of the appropriate fee. The renewal period shall be for
the same term unless the applicant pays the appropriate permit fee
for a permit with a longer term. In no event shall a permit be renewed
for more than two terms.
A.
Prior to the issuance of any permit, the applicant shall file with
the Town Clerk either a bond running to the Town in the amount of
$1,000, with good and sufficient surety, in such form to be approved
by the Town Attorney; or the amount of $1,000 to be held in escrow
by the Town Clerk. Said bond or amount shall remain in escrow for
the term of the permit and shall be conditioned to indemnify and pay
the Town for any penalties or costs incurred in the enforcement of
any of the provisions of this chapter.
C.
The Town Board may, by resolution, exempt persons from the bond and
fee requirements, provided that the applicant satisfies the Board
that the nature of his activity does not jeopardize the position of
the Town or the protection given herein to the residents.
A.
Permit form. Should the licensing officer determine that the applicant
is entitled to a permit, the licensing officer shall issue a permit
to the applicant. The permit shall list the name of the registered
solicitor or vendor and the responsible person or entity, if any,
and the date on which the permit expires. The permit shall be dated
and signed by the license officer. The permit shall be carried by
the registered solicitor or vendor at all times while soliciting in
the Town.
B.
Identification badge. The Town shall issue each registered solicitor
or vendor an identification badge that shall be worn prominently on
his or her person while soliciting in the Town. The identification
badge shall contain:
The licensing officer shall maintain and make available for
public inspection a copy or record of every completed application
received, the date of approval or denial issued by the Town, including
the date of issuance and expiration of any permit and the date of
revocations of all permits revoked. The applicant's BCI background
check shall remain a confidential, protected, private record not available
for public inspection. The licensing officer may furnish to the head
of the law enforcement agencies with jurisdiction in the Town a listing
of all applicants, those denied, and those issued a permit.
Permits shall be issued only in the name of the applicant and
shall list the responsible party or entity, if any. The permit shall
be nontransferable. A registered solicitor desiring to facilitate
or attempt to facilitate home solicitation sales with different goods
or services; or responsible person or entity, from those designated
in the originally submitted completed application, shall submit a
written change request to the licensing officer. A new permit based
on the amended information may be issued for the balance of time remaining
on the solicitor's previous permit before the amendment was filed.
Before the new permit is approved, the registered solicitor shall
obtain a revised identification badge from the Town, after payment
of the fee for the identification badge. In the event that the applicant
has employees or agents working with or for the applicant, a separate
application must be filed for each employee or agent. The permit fee
for each additional permit shall by 25% of the permit fee set forth
by the Town Board.
A.
Denial. Upon review, the licensing officer shall refuse to issue
a permit or a renewal application to an applicant for any of the following
reasons:
(1)
The application form is incomplete or incorrect;
(2)
The applicant fails to establish proof of identity, provide a BCI,
or pay the required fees;
(3)
The completed application or BCI indicates that the applicant has
a disqualifying status;
(4)
The applicant has previously been denied a permit by the Town, or
has had a permit revoked for grounds that still constitute a disqualifying
status under this chapter; or
(5)
Since the submission of the completed application, the applicant
is subject to a previously undisclosed or unknown disqualifying status.
B.
Suspension or revocation. The Town may either suspend or revoke a permit when any of the reasons warranting the denial of a permit as set forth in § 103-15A occurs and/or for any violation of this chapter.
C.
Notice of denial or suspension. Upon determination of the licensing
officer to deny an applicant's completed application or to suspend
a registered solicitor's permit, the Town shall cause written notice
to be sent to the applicant or registered solicitor by the method
indicated in the completed application. The notice shall specify the
grounds for the denial or suspension, the documentation or information
the Town relied on to make the decision, the availability of the documentation
for review by applicant upon three business days' notice to the Town,
and the date upon which the denial or suspension of the permit shall
take effect. It shall further state that the applicant or registered
solicitor shall have 10 business days from the receipt of the notice
of denial or suspension to appeal the same. The denial or suspension
of the permit shall be effective no sooner than three calendar days
from the date the notice is sent, unless that suspension is because
of exigent circumstances, in which case, the suspension is effective
immediately. The denial or suspension shall remain effective unless
and until the order is rescinded, overturned on appeal, or determined
by a court to be contrary to equity or law. Failure to appeal the
suspension of a permit automatically results in its revocation.
D.
Notwithstanding the foregoing, if an applicant has been convicted
of a crime, but has obtained a certificate of good conduct or certificate
of relief, the applicant may be approved for a permit if the applicant
is approved by a super majority vote of the Town Board.
An applicant or registered solicitor whose permit has been denied
or suspended shall have the right to appeal to the Town Board or its
designee. Any appeal must be submitted by either the applicant, the
responsible person or entity, or legal counsel for either who documents
the relationship with the applicant or responsible person or entity;
or is licensed or authorized by the State of New York to do so, and
makes the assertion of an agency relationship. The following procedures
and requirements shall apply:
A.
Any appeal must be submitted in writing to the Town Clerk with a
copy to the license officer, if other than the Town Clerk, within
10 business days of the decision from which the appeal is taken. Such
appeal shall describe in detail the nature of the appeal, the action
complained of and the grounds for appeal.
B.
Upon request of the applicant or registered solicitor, within one
business day, the Town will make available any information upon which
it relied in making the determination to either deny or suspend the
permit.
C.
The appeals officer shall review, de novo, all written information
submitted by the applicant or registered solicitor to the licensing
officer, any additional information relied upon by the licensing officer
as the basis for denial, suspension or revocation, and any additional
information supplied by the Town, applicant or registered solicitor.
Any additional information submitted by any party to the appeal to
the appeals officer shall be simultaneously submitted to the opposing
party. If desired, any party shall have three business days to submit
rebuttal documentation to the appeals officer regarding the additional
information submitted by the opposing party.
D.
The appeals officer will render a decision no later than 15 calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits rebuttal information as allowed in Subsection C of this section, the 15 calendar days shall be extended to include the additional three days for rebuttal.
(1)
The denial or suspension of the permit shall be reversed by the appeals
officer if upon review of the written appeal and information submitted,
the appeals officer finds that the licensing officer made a material
mistake of law or fact in denying or suspending the applicant or registered
solicitor's permit.
(2)
If the written appeal and information submitted indicates that the
licensing officer properly denied or suspended the permit of the applicant
or registered solicitor, the denial or suspension of the permit shall
be affirmed and constitute a determination that the suspended permit
is revoked.
(3)
The decision of the appeals officer shall be delivered to the applicant
or registered solicitor by the means designated in the completed application,
or as otherwise agreed upon when the appeal was filed.
E.
After the ruling of the appeals officer, the applicant or solicitor
is deemed to have exhausted all administrative remedies with the Town.
F.
Nothing herein shall impede or interfere with the applicant's, solicitor's,
or Town's right to seek relief in a court of competent jurisdiction.
A.
No solicitor shall intentionally make any materially false, fraudulent,
or otherwise misleading statement in the course of soliciting.
B.
A solicitor shall immediately disclose to the consumer during face-to-face
solicitation the name of the solicitor; the name and address of the
entity with whom the solicitor is associated; and the purpose of the
solicitor's contact with the person and/or competent individual. This
requirement may be satisfied through the use of the badge and an informational
flyer.
C.
No solicitor shall use a fictitious name, an alias, or any name other
than his or her true and correct name.
D.
No solicitor shall represent directly or by implication that the
granting of a permit implies any endorsement by the Town of the solicitor's
goods or services or of the individual solicitor.
E.
The provisions of this section shall apply also to solicitors who
are exempt from registration pursuant to the provisions of this chapter.
A.
Any occupant of a residence may give notice of a desire to refuse
solicitors by displaying a "No Solicitation" sign which shall be posted
on or near the main entrance door or on or near the property line
adjacent to the sidewalk or driveway leading to the residence.
B.
The display of such sign or placard shall be deemed to constitute
notice to any solicitor that the inhabitant of the residence does
not desire to receive and/or does not invite solicitors.
C.
It shall be the responsibility of the solicitor to check each residence
for the presence of any such notice.
D.
The provisions of this section shall apply also to solicitors who
are exempt from registration pursuant to the provisions of this chapter.
A.
Every person soliciting or advocating shall check each residence
for any "No Soliciting" sign or placard or any other notice or sign
notifying a solicitor not to solicit on the premises, such as, but
not limited to, "No Solicitation" signs. If such sign or placard is
posted such solicitor shall desist from any efforts to solicit at
the residence or dwelling and shall immediately depart from such property.
Possession of a permit does not in any way relieve any solicitor of
this duty.
B.
It is a violation of this chapter for any person soliciting or advocating
to knock on the door, ring the doorbell, or in any other manner attempt
to attract the attention of an occupant of a residence that bears
a "No Solicitation" sign or similar sign or placard for the purpose
of engaging in or attempting to engage in advocating, a home solicitation
sale, door-to-door soliciting, or soliciting.
C.
It is a violation of this chapter for any solicitor through ruse,
deception, or fraudulent concealment of a purpose to solicit to take
action calculated to secure an audience with an occupant at a residence.
D.
Any solicitor who is at any time asked by an occupant of a residence
or dwelling to leave shall immediately and peacefully depart;
E.
The solicitor shall not intentionally or recklessly make any physical
contact with or touch another person without the person's consent;
F.
The solicitor shall not follow a person into a residence without
their explicit consent;
G.
The solicitor shall not continue repeated soliciting after a person
and/or competent individual has communicated clearly and unequivocally
their lack of interest in the subject, goods or services of the solicitor;
H.
The solicitor shall not use obscene language or gestures;
I.
The solicitor shall not solicit for home improvement businesses unless
such business or vendor is duly licensed and in good standing with
the Putnam County Department of Consumer Affairs.
In addition to the provisions of § 427 of the New
York State Personal Property Law, in any home solicitation sale, unless
the buyer requests the solicitor in writing to provide goods or services
without delay, the seller or solicitor shall present to the buyer
and obtain buyer's signature to a written statement which informs
the buyer of the right to cancel within 10 business days after signing
an agreement to purchase. Such notice of "buyer's right to cancel"
shall be in the form required by the Town and shall be in addition
to the protections set forth in § 428 of the New York State
Personal Property Law.
Any person who violates any term or provision of this chapter
shall be guilty of a violation and upon conviction shall be punished
by a minimum fine of $500 to a maximum fine of $1,000 for the first
offense; a minimum fine of $1,000 to a maximum fine of $2,500 for
a conviction for a second offense within two years of a prior conviction;
and a minimum fine of $2,500 to a maximum fine of $5,000 for a conviction
for a third offense within two years of a prior conviction, and/or
a jail sentence of not to exceed 15 days. Each day such violations
continues shall constitute a separate and distinct offense punishable
based upon the foregoing.
A.
Any police department with jurisdiction in the Town of Southeast
and/or the Town Code Enforcement officer or other enforcement official
as may be designated by the Town Board, is charged with enforcing
the provisions of this chapter and shall have the power, right and
authority to issue an appearance ticket, as the same is defined in
Article 150 of the Criminal Procedure Law of the State of New York,
for the violation of any section of this chapter.
B.
Any persons claiming to be aggrieved by an alleged unlawful practice
forbidden by this chapter may, in his or her sole capacity or through
an attorney at law, make, sign and file a complaint directly with
a Police Department having jurisdiction, or with the Town Clerk, who
shall forward the complaint to an appropriate authority for investigation.
Notwithstanding the provisions contained in Article I of this chapter regulating soliciting, vending and peddling within the Town or it is hereby found and determined that a limited number of permits for mobile food vendors or "food trucks" should be allowed to provide the residents and visitors to the Town additional options for dining and the purchase of edible commodities. It is further found and determined that, in an effort to protect the health, safety and welfare of the residents and the consuming public, the operation of food trucks should be limited to a relatively small number and such permits should be granted on a periodic basis and that the operation of such vendors should be further regulated to ensure adequate location, accommodation and safe operation.
As used in this article, the following terms shall have the
meanings indicated:
The form and supporting information or documentation prescribed
by the Town Board seeking the issuance of a food truck permit.
A vehicle from which food for human consumption is sold or
dispensed. Such vehicle may be self-propelled or towed by another
vehicle.
The permit or license issued by the Town Clerk which shall
be proof that a particular food truck has met the qualification requirements
and that the location endorsed thereon has been approved by the Town
for the purpose stated therein.
A second permit which may be issued to an existing food truck
permit holder which would allow such permit holder to locate his or
her food truck at a secondary location on municipally owned property.
The particular physical site, approved by the Town Code Enforcement
Officer, where the food truck shall be parked and operated during
permitted hours.
Any veteran of the United States military service or coast
guard who has been discharged from service for other than cause. Any
veteran applicant shall submit a copy of his or her Form DD-214 as
part of the application package.
A.
Except as otherwise provided herein, the Town Clerk shall issue no
more than seven food truck permits in any calendar year. There shall
be no limit on the number of annual permits issued to qualifying veterans.
No more than one permit shall be issued to any individual or qualifying
business entity.
B.
Such permit shall be issued to an applicant who has completed the
requisite application on the prescribed form provided by the Town
Clerk, paid the requisite fee(s) and provided such additional information
as may be required in the application, including, but not limited
to, proof of general liability insurance with limits of liability
not less than $1,000,000 per occurrence; current vehicular registration,
inspection and insurance; proof of permission to locate the food truck
at the particular location; and, in the case of prepared food sales,
a current food vendor's permit issued by the Putnam County Department
of Health. The Town of Southeast shall be listed as an additional
insured on the policy of general liability insurance.
C.
Permits shall be issued on a calendar year basis running from January
1 to December 31. Applications for such permits shall be available
to residents or established businesses located within the Town of
Southeast from November 1 through November 30 of each year for the
following year. From December 1 on, applications, to the extent permits
are still available, shall be accepted from nonresidents.
D.
The annual fee for a food truck permit shall be set by the Town Board
and included in the annual fee schedule adopted by the Town Board,
as the same may be amended from time to time. Any permit issued after
July 1 shall be 1/2 of the annual permit fee and shall run for the
balance of the calendar year. Any permit issued to a veteran shall
be exempt from the payment of the annual fee. To be exempt from the
payment of the requisite permit fee, such veteran shall actually be
engaged in the operation of the food truck and shall be present at
the location at all times the food truck is in operation.
E.
Food truck permit holders and any employee(s) shall be issued a photographic
identification card by the Town of Southeast. Such identification
shall be maintained on the person of the permit holder and employee
at all times that the food truck is in operation and shall be open
to the inspection by the Town Code Enforcement Officer.
F.
Secondary permits shall be made available to existing food truck
permit holders who wish to provide food vending services on municipally
owned properties on a monthly, weekly or daily basis. Such secondary
permits shall only be issued to existing food truck permit holders.
The fee for such secondary permit shall be set forth in the annual
fee schedule, as the same may be amended from time to time.
G.
Notwithstanding the foregoing, any licensed or permitted food truck
shall be allowed to operate on private property within the Town at
a specific function and at the specific request by such private property
owner for the purpose of catering or providing food service for such
special function.
A.
Except as otherwise provided for herein, a food truck permit shall
allow the holder thereof to conduct the business vending food from
a specific, stationary location. Such location shall be on private
property or within or on a public thoroughfare or right-of-way. No
vending or soliciting of food sales shall occur by the permittee at
any location within the Town other than that which is declared on
the permit.
B.
A permitted location shall be within a commercially zoned area and
shall be subject to the prior approval of the Town Code Enforcement
Officer to ensure that such location is safe for use by both vehicles
and pedestrians.
C.
An applicant for a food truck permit shall provide proof, in writing,
signed by the owner of the particular location that the applicant
has permission to park or locate the food truck at that particular
location. Such documentation shall be signed and acknowledged before
a notary public; provided, however, that with respect to state, county
or other municipal thoroughfares, honorably discharged veterans who
possess a current license issued pursuant to New York State General
Business Law § 32 to hawk, peddle, vend and sell goods,
wares or merchandise, or solicit trade upon the streets and highways
within Putnam County, no such documentation or written authorization
to locate within or along such thoroughfares shall be required. Notwithstanding
the foregoing, the holder of such General Business Law § 32
permit shall be required to apply for and obtain a food vendor permit
under this chapter and to abide by all restrictions and regulations
provided herein.
D.
A permitted location shall have an improved parking area and shall
have not less than two parking spaces available for patron use. Such
parking spaces must be in addition to any parking spaces that are
committed to other uses and/or occupancies that are served by the
site as specified in the Town's zoning regulations or as set forth
on any current site plan for the location.
E.
A permitted location shall not be closer than 500 feet to any existing
restaurant, delicatessen, fast food establishment, or other food service
establishment.
F.
There shall be no outdoor seating or other accommodation for on-site
consumption of food or other vended products. The food truck permit
holder shall provide adequate refuse receptacles for patron use and
shall provide that refuse deposited therein is removed from the permitted
location on a daily basis.
A.
Food trucks may be operated during the hours of 5:00 a.m. through
9:00 p.m. on any given day.
B.
Food trucks shall be removed from the permitted location within one
hour after closing and shall not be returned to the permitted location
more than one hour before the permitted opening time on any given
day. There shall be no overnight parking of food trucks at any permitted
location.
A.
Any person who violates any provision of this article shall be guilty
of an offense and upon conviction thereof shall be subject to a fine
of not less than $500 nor more than $1,000 for each violation, or
by imprisonment not exceeding 15 days, or both such fine and imprisonment.
B.
Conviction of three violations of any provision of this article shall
result in the immediate revocation of the food truck permit.
