[HISTORY: Adopted by the Town Board of the
Town of Ballston 2-1-2005. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Means and include one or more persons of either sex, natural
persons, corporations, partnerships, associations, joint-stock companies,
societies and all other entities of any kind capable of being sued.
Means and include any person who goes from place to place
or house to house or who stands in any street or public place or place
generally accessible to the public taking or offering to take orders
for goods, wares, or merchandise, except newspapers 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.
Means and include, except as hereinafter expressly provided,
any person, either principal or agent, who, from any boat or car,
or on a railroad track or in any public street or public place or
place generally accessible to the public or by going from house to
house or place of business to place of business on foot or on or from
any animal or vehicle, sells or barters, offers for sale or barter
or carries or exposes for sale or barter any goods, wares or merchandise,
except milk or newspapers.
Nothing in this chapter shall apply to sales
conducted pursuant to statute or by order of any court, or to any
person selling personal property at wholesale to dealers in such article
or to any person selling personal property from their home if these
sales do not exceed more than six days per year. The licensing provisions
of this chapter shall not apply to merchants having an established
place of business within the Town of Ballston or their employees conducting
the business of their employer; to resident farmers and truck gardeners
who themselves or through their employees vend, sell or dispose of
the products of their own farms or gardens; to party plans; to calls
in response to a prior invitation; or to established religious, charitable
or civic organizations established in the Town. This chapter shall
not be construed to prevent route salesmen or other persons having
established customers to whom they make periodic deliveries from calling
upon such customers or from making calls upon prospective customers
to solicit a request for future periodic route deliveries. This chapter
shall not apply to children under the age of 14, nor to children selling
or soliciting for school functions.
It shall be unlawful for any person within the
corporate limits of the Town of Ballston to act as a vendor, hawker,
peddler or solicitor as herein defined without first having obtained
and paid for, and having in force and effect a license therefor.
[Amended 4-7-2009 by L.L. No. 5-2009]
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. Such application shall give
the number and kind and registration of vehicle to be used by the
applicant in carrying on the business for which the license is desired,
the kind of goods, wares and merchandise he desires to sell or the
kind of service he desires to perform, the method of distribution,
the name, address and age of the applicant, the name and address of
the person, firm or corporation he represents, the length of time
the applicant desires the license, and such other information as may
be required by the Town Clerk. Such application shall be accompanied
by a certificate from the sealer of weights and measures certifying
that all weighing and measuring devices 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 of deposit of money
in advance of final delivery shall also be accompanied by a bond to
the Town of Ballston approved as to form and surety by the attorney
employed by the Town Board in the minimum sum of $1,000 with a sufficient
surety or sureties, or sufficient collateral security, 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.
If advanced payments will commonly be larger than $1,000, the Town
Attorney will determine the amount of bond. Any person aggrieved by
the action of any licensed solicitor shall have right by action on
the bond for the recovery of money or damages, or both. Such bond
shall remain in full force and effect, and in case of a cash deposit,
such deposit shall be retained by the Town of Ballston for a period
of 90 days after the expiration of any such license, unless sooner
released by the Town Board. Additionally, a person who desires to
sell, barter, offer for sale or barter or exposes for sale or barter
any goods, wares or merchandise, except milk or newspapers, from a
stationary location shall make his or her application to the Building
Department and follow the following criteria:
A.
Written permission or lease agreement from the landowner
or current leaseholder of the property where the activity or sale
will be held.
B.
The location is zoned accordingly for the activity
planned.
C.
Provide a simple plan or sketch of the planned display.
D.
Allow a minimum twenty-foot setback from the edge
of pavement or if on a corner lot not obstruct the line of sight of
vehicle traffic.
A.
Upon filing of the application, bond and certificate as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 127-3 signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B.
A license shall not be assignable. Any holder of such
license who permits it to he used by any other person, and any person
who uses such license granted to any other person shall each be guilty
of a violation of this chapter.
C.
Whenever a license shall be lost or destroyed on the
part of the holder or his agent or employee, a duplicate in lieu thereof,
under the original application and bond may be issued by the Town
Clerk upon the filing with him by the licensee of an affidavit setting
forth the circumstances of the loss and what, if any, search has been
made for its recovery.
D.
All licenses shall be issued from a properly bound
book with proper reference stubs kept for that purpose, numbered in
the order which they are issued and shall state 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 license, the date
of issuance and expiration of the license fee paid and the name and
address of the licensee.
E.
Such licenses shall automatically expire on January
1 following the date of issuance of such licenses, but such licenses
may specifically state and provide for an earlier expiration date.
F.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
G.
No license shall be granted to a person under 14 years
of age.
H.
No applicant to whom a license has been refused or
who has had a license which has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection or revocation, unless he can show that the
reason for such rejection no longer exists.
I.
Every licensee, while exercising his license, shall
carry the license with him and shall exhibit the same upon demand.
The license fee shall be according to the schedule
established by the Town Board of the Town of Ballston.
Every vehicle used by a licensed vendor, hawker,
peddler or solicitor in or about his business shall have the name
and address of the licensee plainly, distinctly and legibly displayed
in letters and figures at least two inches in length in a conspicuous
place on the outside of the left and right side of every such vehicle,
and such name shall be kept so displayed plainly and distinctly at
all times while such vehicle is in use during the continuance of the
license.
The Town Board may, at any time, for a violation
of this or any other chapter or any law, revoke any license. When
a license shall be revoked, no refund or any unearned portion of the
license fee shall be made. Notice of such revocation and the reason
or reasons therefor in writing shall be served by the Town Board upon
the person named in the application or by mailing the same to the
address given in the application.
A.
A licensed vendor, hawker, peddler or solicitor shall:
(1)
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale; or offer for
sale any unwholesome, tainted or diseased provisions of merchandise.
(2)
Not use the license provided by the Town after the
expiration or revocation of the license represented by them.
(3)
Keep the vehicles and receptacles used by him in a
clean and sanitary condition and the food stuffs and edibles offered
for sale well-covered and protected from dirt, dust and insects.
(4)
Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares, or shout or cry out
his wares.
(5)
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes
or in front of any premises for any time if the owner of or lessee
of the ground floor thereof objects.
(6)
Not sell any wares within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
(7)
Not permit any vehicle used by him to stop or remain
on any crosswalk.
(8)
Not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise.
(9)
Not stand in any public street to hawk his wares.
(10)
Not state or imply that the issuance of the license
in any way represents approval, endorsement or guarantee by any part
of the government of the Town of Ballston.
B.
Signage shall conform to the Zoning District Regulation
of 138-37.
Any person, who himself, or by his clerk, agent
or employee, shall act as a vendor, hawker, peddler or solicitor,
as herein defined, without a license, or shall violate any of the
provisions of this chapter, or who, having had his license revoked,
shall continue to act as a vendor, hawker, peddler or solicitor, shall
be liable to a penalty of not more than $500 for each offense.
