[HISTORY: Adopted by the Town Board of the
Town of Van Buren 6-12-1985. Amendments noted where applicable.]
[Amended 10-1-2013 by L.L. No. 1-2013]
A.
This chapter shall be known and may be cited as the "Peddlers and
Solicitors Ordinance of the Town of Van Buren, New York."
B.
The Town Board finds that high-pressure, and misleading, fraudulent,
and threatening, activities have been associated with hawking, peddling
and soliciting activities in the Town of Van Buren, and that it is
the purpose and intent of this chapter to protect the health, safety
and general welfare of the residents of the Town by establishing regulations
and licensing of hawkers, peddlers and solicitors within the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barters or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or by telephone or stands in any street or public place taking
or offering to take orders for goods, wares or merchandise, books,
magazines, periodicals or any other item or items of value (except
newspapers, dairy products, 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 at the home or residence of
any person who has been solicited prior thereto by telephone, or has
responded to any type of advertising media requiring an appointment
or consultation or sales presentation in the home or place of residence
of such person.
Includes any person who requests, directly or indirectly,
any money, property, financial assistance, pledge or other thing of
value for a charitable or religious purpose and entity.
A.
Generally. Nothing in this chapter shall be held to
apply to:
(1)
Any sales conducted pursuant to statute or by order
of any court.
(2)
Any person selling personal property at wholesale
to dealers in such articles.
(3)
Persons under the age of 18 years.
(4)
Peddling of meats, fish, fruit and farm produce by
farmers and persons who produce such commodities.
(5)
Garage and/or lawn sales held upon private property.
B.
Exempt organizations. Nonprofit organizations and
persons working for such organizations shall also be exempt. However,
such organizations shall register annually with the Town Clerk in
the event they plan to engage in vending, hawking, peddling or soliciting,
and shall indicate the type of activities to be undertaken and the
time when they will be performed. It shall be the responsibility of
such organizations to furnish identification for their representatives
which must be exhibited upon demand.
C.
Interstate commerce. This chapter also shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinafter set forth shall apply to the Town Clerk for a certificate of exemption, using the form of application described in § 143-5A, the applicant shall also submit to the Town Clerk satisfactory evidence that he or she is engaged in interstate commerce.
D.
Certificate of exemption. When the applicant shall have established to the satisfaction of the Town Clerk that he or she is engaged in interstate commerce, or is entitled to one or more of the above exemptions, the Town Clerk shall issue to him or her, without charge, a certificate of exemption, stating among other things, that such person has complied with the requirements of this section and has satisfactorily established that he or she is engaged in interstate commerce or entitled to an exemption under Subsection B. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this chapter. For the purposes of this subsection, the identification issued by a nonprofit organization shall be deemed to be a certificate of exemption required by this subsection if approved by the licensing officer.
It shall be unlawful for any person within the
limits of the town to act as a hawker, peddler or solicitor as herein
defined or assist same without first having obtained and paid for,
and having in force and effect a license therefor.
A.
Any person desiring to procure a license as herein
provided shall file with the Town Clerk a written application upon
a form furnished by the Town Clerk and shall file at the same time
satisfactory proof of good character. Such application shall give:
(1)
The quantity and make of vehicle to be used by the
applicant in carrying on a business for which the license is desired.
[Amended 11-24-1997 by L.L. No. 7-1997]
(2)
The kind of goods, wares and merchandise he or she
desires to sell or the kind of service he or she desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of
a misdemeanor or felony, and if so, give date of conviction, nature
of offense, penalty imposed and name and address of court.
(6)
The name and address of the person, firm or corporation
he or she represents.
(7)
The length of time the applicant desires the license.
(8)
The name and address of a resident of the State of
New York upon whom any notice required by this chapter may be serviced.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures certifying
that all weighing and measuring devises to be used by the applicant
have been examined and approved.
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 cash deposit of
$5,000 or a $5,000 surety company bond or other bond secured by sufficient
collateral or letter of credit, said bond or letter of credit to be
approved by the Town Attorney as to form and surety 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 the right by action on the bond or letter of credit for the recovery
of money or damages or both. Such bond or letter of credit shall remain
in full force and effect and, in case of a cash deposit, such deposit
shall be retained by the town for a period of 90 days after the expiration
of any such license, unless sooner released by the Town Board.
A.
Town Clerk to issue or deny. Upon the filing of the
application, bond or letter of credit and certificate as provided
in the preceding section and payment of the required fee, the Town
Clerk shall, upon his or her approval of such application, issue to
the applicant a license as provided aforesaid. The Town Clerk may
refuse a license to any person who in his or her judgment shall be
an undesirable person or incapable of properly conducting the trade
or business for which a license is sought.
B.
Appeal to Town Board. Any applicant who has been refused
a license by the Town Clerk may apply to the Town Board, therefor,
and the same may be granted or refused by the Town Board, except as
prohibited by Town Law § 137.
A license shall not be assignable. Any holder
of any 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.
Whenever a license shall be lost or destroyed
on the part of the holder or his or her agent or employee, a duplicate
in lieu thereof, under the original application and bond or letter
of credit may be issued by the Town Clerk upon the filing with him
or her by the licensee of an affidavit setting forth the circumstances
of the loss and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in that order in which they are issued and stating clearly the kind
of vehicle to be used, the kind of goods, wares and merchandise to
be sold or service to be rendered, the number of his or her license,
the date of issuance and expiration of the license, fee paid and the
name and address of the licensee.
[Amended 7-3-2007 by L.L. No. 5-2007]
Such license shall be for a term of either 15
days, 30 days, or one year.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
[Amended 11-24-1997 by L.L. No. 7-1997; 7-3-2007 by L.L. No. 5-2007]
The license fee for each person licensed under
this chapter shall be as set by resolution of the Town Board from
time to time and reflected on the Town's Schedule of Fees adopted
at each organizational meeting.
[Amended 10-1-2013 by L.L. No. 1-2013]
A.
Licenses issued under the provisions of this chapter may be revoked
by the Town Supervisor for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license;
(2)
Fraud, misrepresentation, or false statement made in the course of
carrying on any business or affairs for which a license was duly issued;
(3)
Any violation of this chapter;
(4)
Conviction of any crime or misdemeanor involving fraud, deception
or moral turpitude;
(5)
Conducting the business of a solicitor in an unlawful manner or in
such manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public; or
(6)
Refusal of a solicitor to leave a private premises after a request
by the owner or lawful occupant or otherwise engaging in conduct that
would constitute harassment of the owner or lawful occupant.
B.
A person has the right to appeal the revocation of his or her license pursuant to Subsection C of this section, provided the person notifies the Town Board of his or her intent to appeal the revocation within 20 days of first receiving such notice of revocation.
C.
Appeal to Town Board. A person may appeal any decision relating to
his or her license by the Town Clerk to the Town Board. The Town Board
shall then schedule a public hearing no later than 30 days from the
date it received the person's notice to appeal, and notify the
person of the time, date and location of such hearing, in writing,
mailed to the applicant at his last known address, at least five days
before such public hearing. At the public hearing, the person and
any other interested party shall be permitted to speak and submit
evidence for or against the denial or revocation of the license, as
the case may be. Within 10 business days after the close of such hearing,
the Town Board shall notify the person of its decision in writing,
mailed to the last known address of the person, setting forth the
reasons for its decision. Any decision of the Town Board as to the
issuance or revocation of a license shall be deemed final and conclusive.
A.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after dusk on any day, except upon the invitation
of the householder or occupant.
[Amended 10-1-2013 by L.L. No. 1-2013]
B.
It shall be unlawful for any peddler or solicitor
in plying his or her trade to ring the bell 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 Peddlers" or "No Solicitors" or "No Agents" or other wording,
the purpose of which is to prohibit peddling or soliciting on the
premises.
C.
No peddler or solicitor shall peddle, vend or sell
his or her goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall be
or she permit his or her cart, wagon or vehicle to stand on any public
highway within said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device make any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the town.
E.
No peddler or solicitor shall blow a horn, ring a
bell or use any other noisy device to attract public attention to
his or her wares or shout or cry out his or her wares.
F.
It shall be unlawful to create or maintain any bootblack
stand or place any barrels, boxes, crates or other obstruction upon
any street or public place for the purpose of selling or disposing
for sale any goods, wares or merchandise.
G.
No peddler or solicitor shall stand in any public
place for more than 1/2 hour or resume a position within 100 feet
where he or she has previously stood in any day.
H.
Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the
Town of Van Buren, for the purpose of vending, peddling or soliciting
an order for any merchandise, device, work, services, book, periodical
or printed matter whatsoever; nor for the purpose of selling or distributing
any ticket or chance whatsoever without the consent of the occupant
of said premises previously given.
I.
Any contract or sale made in violation of Subsections D or H shall be null and void and of no effect as to the person solicited, and any merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
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, made 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 applications and of all licenses granted under the
provisions of this chapter giving the number and date of each license,
the fee paid and the date of revocation of all licenses revoked.
[Added 10-1-2013 by L.L. No. 1-2013[1]]
A criminal background check of each person to be hawking, peddling
or soliciting within the Town shall be submitted to the Town Clerk
within 10 business days after submitting an application for a license
under this chapter. The criminal background check must be made at
the applicant's expense (or paid by the applicant's employer
or contractor) and must be no more than 30 days old. A criminal background
check must include national, state and county criminal history and
sex offender records.
[Amended 11-24-1997 by L.L. No. 7-1997]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each day of continuance of an offense shall be considered
a separate offense.
