The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and to protect the health, safety and welfare of the residents of the Town of Kingston. By the adoption of this chapter, the Town of Kingston hereby declares its intent to register and license home to home vending, soliciting and peddling, to avoid undue annoyance and nuisance to the residents of the Town of Kingston.
[HISTORY: Adopted by the Town Board of the Town of Kingston 10-7-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Includes all items or products intended to be sold and shall include labor or personal services to be rendered.
The merchandising of any goods, wares, commodities, books, periodicals or services by going from house to house, place of business to place of business or in any public street or public place or by temporarily occupying a room, building, structure, land or other premises therefor.
Any person, firm, organization, business, individual or association that personally or through its agents, employees or officers solicits business, takes orders and sells merchandise on a house to house, door to door basis. The term "peddler" shall be broadly construed to mean anyone who goes from residence to residence by appointment or otherwise.
It shall be unlawful for any person, firm, individual, association, corporation or partnership to peddle within the Town of Kingston without first having obtained and paid for and having in force and effect a license therefor.
A.
Every applicant for a license is required to submit to the Town Clerk the Town of Kingston a written application supplying, under oath, the following information:
B.
Every applicant shall submit two copies of a recent photograph of any person who shall peddle. Said photographs shall be two inches by two inches and shall show the head, full face and shoulders of applicant. One copy shall be attached to license application and one shall be attached to the license, if issued.
D.
Issuance of license; conditions.
(1)
Upon receipt of the application and license fee, the Town Clerk shall issue a license to the applicant specifying the particular business authorized.
(2)
The license shall be nontransferable and shall be prominently displayed on the licensee or vehicle used while engaged in the business licensed.
E.
Records. The Town Clerk shall keep a record of the applications, and licenses issued in accordance with this chapter, the date of revocation of any license and the reason for said revocation.
F.
Term of license. All licenses hereunder shall expire no later than three months from date of issue.
The provisions of this chapter shall not apply to the following:
A.
Any person soliciting at the express invitation of the person solicited.
B.
A wholesaler selling articles to dealers or merchants who have an established place of business within the Town of Kingston.
C.
A farmer owning a farm within the Town of Kingston who sells products grown on his own farm and who shall be in compliance with all other applicable municipal regulations.
A.
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall any be permitted to operate for longer than 10 minutes in any one location.
B.
No peddler shall peddle within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school, nor shall be or she permit his or her vehicle, if any, to stand on any public highway within said distance of school or church property.
C.
No peddler shall sell from any point within 500 feet of any established place of business selling substantially similar merchandise.
D.
No peddler shall call attention to his goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.
E.
No peddler shall willfully misstate the quantity or quality of any article or service offered for sale.
F.
No peddler shall sell from a motor vehicle not properly registered by the New York State Department of Motor Vehicles.
G.
No peddler shall sell within the Town recreation areas without the written permission of the Town of Kingston Recreation Department.
H.
No peddler shall operate between the hours of 8:00 p.m. and 7:00 a.m.
Any person aggrieved by the action of the Town Clerk in the denial of the application for a license as provided in by this article shall have the right to appeal to the Town Board of the Town of Kingston. Such appeal, which must be in writing, shall be held before the Town Board within 30 days of filing with the Town Clerk.
Any person convicted of violating any provisions of this chapter shall be guilty of a violation and shall be liable for and forfeit and pay a penalty not exceeding $500 or shall undergo imprisonment for a term not exceeding 15 days, or both, for each offense.