[HISTORY: Adopted by the Town Board of the Town of New Hartford 6-1-1983
by Ord. No. 2-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 89.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, partnership or corporation who displays samples, models,
goods, wares or merchandise in any outdoors area or in any hotel or motel
room, rooming house, store, club, storehouse, house or other indoor place
for the purpose of securing orders or completing sales for the retail sale
of such goods, wares or merchandise and who does not own said premises or
is not the holder of a formal lease thereof for a term of not less than one
month and for a rental of not less than $250.
A.
No person shall engage in business as a transient merchant
unless he shall first have obtained a license to do so from the Town Clerk.
The fee for a transient merchant's license shall be at the rate of $500 for
each thirty-day period or portion thereof. The license issued by Town Clerk
to the transient merchant must be at all times prominently displayed in a
location visible to the public in or about the premises used by the transient
merchant in conducting his business.
B.
Every person to whom a license has been granted hereunder,
while exercising his license, shall place the license number and date of issuance
in all advertisements placed in newspapers and shall provide that the number
and date of issuance be announced in the course of all radio and television
commercials placed during such period of time that the license is in operation
and effect.
An applicant for a transient merchant's license shall provide the following
information:
A.
Address of his place of residence.
B.
The firm or firms he represents, together with copies
of documents establishing the firm's state or country, form of organization,
ownership and qualifications to do business in this state, and the exact relationship
between the firm and the transient merchant.
C.
A brief description of the nature of the business and
the kind of goods or commodities he desires to sell.
D.
The place where the applicant proposes to sell such merchandise.
A.
Before such license is issued by the Town Clerk, the
applicant will be required to post a surety bond in an amount of not less
than $500 for each transaction made and bonded for and for $25,000 protection
in the aggregate for transactions occurring in a license period of 30 days
or a portion thereof. Any extension of a license period will require the same
bonding before said license is extended, and said bond shall be approved as
to form and sufficiency by the Town Attorney before such license is issued
or extended.
B.
The condition of such bond shall be that said transient
merchant will pay all state and local taxes applicable to his transactions
entered into in this municipality; that he will well and truly perform any
and all contracts or sales orders made within the city; and more particularly,
that if said merchant takes orders for merchandise to be delivered at a future
date and accepts payment in part or in full therefor, he will deliver said
merchandise in a satisfactory condition within a period of four months from
the date of said contract, a copy of which contract or sales order, with full
particulars, to be delivered to the purchaser at the time of sale.
C.
There shall be no forfeiture in respect to the four-month
limitation where there is proof that nondelivery was due to strikes or other
extraordinary events beyond the control of said transient merchant; however,
in such event, the transient merchant, upon demand, shall promptly return
in full the purchaser's deposit, and if he fails so to do, the surety will
be required to make restitution under said bond.
The owner, proprietor or manager of any outdoor or indoor place shall
report to the Town Clerk, within six hours after renting the same, the name
of any person who has rented said outdoor or indoor space for the sale and
display of merchandise of a transient merchant, giving the location of the
room so rented.
Any person violating the provisions of this chapter shall be guilty
of disorderly conduct and shall be deemed a disorderly person and, upon conviction
thereof, shall be fined not more than $150 for each offense, and every day
that a violation of this chapter shall continue shall constitute a separate
and distinct offense.
This chapter is not intended to apply to:
A.
The casual sale of food or fish products or vegetable
produce.
B.
The casual sale of balloons and similar goods during
public parades and similar public activities.
C.
The display of samples, models, goods, wares or merchandise
in any outdoors area or in any hotel or motel room, rooming houses, store,
club, storehouse, house or other indoor place or outdoor space for the purpose
of securing orders or completing sales for the retail sale of such goods,
wares or merchandise by a person, partnership or corporation, duly formed
or operating for not-for-profit, charitable purposes, the proceeds of which
retail sales are to be used for charitable purposes.