[HISTORY: Adopted by the Town Board of the
Town of Carmel as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-24-2019 by L.L. No. 4-2019[1]]
The purpose of this article is to protect the health, safety
and welfare of the residents of the Town of Carmel by regulating peddling,
soliciting and vending within the Town of Carmel.
Except as may be otherwise permitted by general or special law,
it shall be unlawful for any person, corporation, partnership, company,
unincorporated association, agent or principal thereof, or any other
entity to engage in or act as a peddler, vendor, or commercial traveler,
as herein defined, within the jurisdictional boundaries of the Town
of Carmel.
As used in this article, the following terms shall have the
meanings indicated:
A person or entity doing business through the act of renting
a room or suite of rooms in a hotel, motel or inn, commercial building
or private dwelling, excluding exterior areas and/or parking lots/parking
areas, for temporary occupancy which does not exceed 60 days for the
purpose of using said premises to sell, offer for sale or solicit
orders for goods, services, merchandise or money to or from members
of the public.
The merchandising of any goods, wares, commodities, books,
periodicals, labor or services; or requesting or seeking contributions
of goods and/or money by going from house to house, place(s) of residence
to place(s) of residence or by temporarily occupying a room, building,
structure, land or other premises therefor.
Any person who, being uninvited by the home or business owner,
engages in the merchandising of any goods, wares, commodities, books,
periodicals, labor or services by going from house to house or place(s)
of residence to place(s) of residence. "Peddler" shall also include
any person who seeks or requests contributions of goods and/or money
by going from house to house, place(s) of residence to place(s) of
residence, or by temporarily occupying a room, building or other premises
with the Town for such purpose.
A store, room, building, tent, enclosure, parking lot or
structure of any kind intended to be used or occupied for the period
of time necessary to peddle, vend or solicit the merchandise sold
therein. In all prosecutions for the violation of this article, the
intent of the defendant to conduct an established place of business
shall be an affirmative defense, and the burden of proving such intent
shall be upon the defendant in such prosecution.
A person who engages in the act or occupation of selling
or offering for sale from a fixed location or locations, and at times
and from time to time, goods, wares merchandise or labor, meats, fish,
produce and prepared foods from any portable cart, stand, vehicle
or display device of any nature.
The provisions of this article shall not apply to the following:
A.
Any person peddling at the express invitation of any person or organization.
B.
A wholesaler or distributor selling articles to dealers or merchants
who have an established place of business within the Town.
C.
A child regularly attending any public, private or parochial school;
veterans organizations; fraternal organizations; civic groups; churches;
tax-exempt charitable or religious organizations or sects; provided,
however, that such child or member of such exempt organization shall
carry on an otherwise prohibited conduct only in connection with an
authorized activity of the school which the child attends or another
school which has authorized such child to carry on the activity or,
in the case of an exempt organization, which has authorized such member
to carry on the activity. It shall be required, however, that prior
to the commencement of such otherwise prohibited conduct, the school
or otherwise exempt organization for which the activity shall be carried
on shall notify the Clerk of the Town, in writing, of the intention
of such school or exempt organization to conduct such activity within
the Town, together with a brief description thereof.
Any person, corporation, partnership, company, unincorporated
association, agent or principal thereof; or any other entity who shall
act as a commercial traveler, peddler, solicitor or vendor, as defined
herein, or who shall violate any other provision of this article shall
be guilty of a violation and punishable by a fine not to exceed $1,000
or imprisonment for not more than 15 days, or both. Each day upon
which such violation continues shall constitute a separate offense.
[Adopted 3-4-1981 by L.L. No. 2-1981 (Ch. 14 of the 1972
Code)]
The purpose of this article is to prevent fraud,
crime and unethical conduct and is for the general protection, health
and welfare of the residents of the Town of Carmel.
As used in this article, the following terms
shall have the meanings indicated:
The personal contact one makes with another, either on the
highways and streets of this Town or on public or private property
other than his own, for the purpose of raising funds for, supporting
goals of or recruiting new members into any organization. "Canvassing"
and "soliciting" shall also be deemed to be making surveys for research
purposes, analysis, opinion, polls, rating data and any such similar
work which, of its nature, involves a door-to-door or place-to-place
activity.
The permit issued by the Town Clerk to a representative or
representatives of an organization to canvass and solicit.
The face-to-face canvassing or soliciting of a person by
another. Mail and telephone contact does not require a permit under
this article.
It shall be unlawful for any person to canvass
and solicit within the Town of Carmel without having first obtained
and having in full force and effect a permit therefor.
The following data must be furnished by the
applicant on the application form to be furnished by the Town Clerk:
Provided that the applicant has furnished the data required by § 111-17 of this article, the Town Clerk shall forthwith issue a permit to the applicant. Each canvasser or solicitor must plainly display his or her permit on his or her clothing while canvassing or soliciting.
A permit shall not be denied unless the applicant fails to furnish the information required by § 111-17 of this article. Notice of such omission shall be furnished to the applicant by the Town Clerk, in writing, within 48 hours of the denial.
The permit shall authorize the canvassing and
soliciting by the applicant for a period not exceeding three months
from the date of its issuance.
No permit, once duly issued, shall be revoked,
except upon one or more of the following grounds:
No canvasser or solicitor shall represent that
the granting of a permit hereunder signifies an endorsement of the
methods, goals or precepts of the organization by the Town of Carmel.
Should an owner, tenant or manager of private
property display a sign prohibiting canvassing or soliciting, the
permit granted hereunder shall not authorize the permittee to enter
upon such property. Further, no permittee should engage in any unconsented
touching of another person or interfere with the pedestrian or vehicular
traffic flow while conducting his solicitation. Disregard of such
prohibitions shall result in revocation of the permit.
Anyone canvassing or soliciting without a permit
shall be guilty of a violation of this article punishable by a fine
not to exceed $250 or a jail term not to exceed 15 days, or by both
fine and imprisonment.
