[HISTORY: Adopted by the Town Board of the Town of Philipstown 6-2-1988 as L.L. No. 2-1988. Amendments noted where applicable.]
Disorderly conduct — See Ch. 74.
This chapter shall be cited as the "Hawking and Peddling Law of the Town of Philipstown."
This chapter is enacted for the purpose of regulating local activities of itinerant sellers and solicitors of orders for sale in order that the peace, health, safety, welfare and good order of the town and its inhabitants shall be preserved.
This chapter is not intended to supersede or replace any additional authorization or permission that may be required to hawk, peddle, sell or solicit on public or private property.
For the purpose of this chapter, the terms used herein are defined as follows:
- Includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.
- Includes the words alms, food, clothing, money, subscription, property or donation.
- HAWK OR PEDDLE
- The activity of selling or soliciting or attempting to sell or solicit any property, goods or services in any public street or place or by going from house to house, place of business to place of business or place to place.
- Any individual, firm, copartnership, corporation, company, association or joint-stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other representative thereof.
- RELIGIOUS AND RELIGION
- As used herein shall not mean or include the word "charitable," as herein defined, but shall be given their commonly accepted definitions.
- SOLICIT AND SOLICITATION
- The request, directly or indirectly, of money, credit, property, financial assistance or other thing of value whether or not on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose, as those purposes are defined in this chapter.
No person shall hawk, peddle, sell or solicit any property, goods, services or money or attempt to do the same within the Town of Philipstown without a license therefor issued by the town.
This chapter shall not apply to:
An honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military service of the United States.
The holder of a license granted pursuant to the General Business Law of the State of New York.
A wholesaler selling articles to dealers or merchants who have an established place of business within the town.
A child under the age of 16 who resides within the Town of Philipstown and who hawks or peddles on behalf of a charitable, religious, athletic, social, educational or civic organization of which such child is a member.
All persons and organizations soliciting funds solely for charitable or other purposes who are exempted from the license requirements under this chapter shall maintain and keep records identifying all persons soliciting funds within the town, and such records shall contain at least the name and the address of the person soliciting, the area solicited and the date or dates of solicitation. Said records shall be made available for inspection by the Town Clerk upon request.
Every applicant for a license hereunder shall submit to the Town Clerk a written verified application containing the following information:
The name and age of the applicant.
The permanent home residence and the address of his current place of sojourn if different from his home address.
The name and address of all entities whose property, goods or services he intends to hawk or peddle or for whom he intends to solicit.
An itemized statement of all property, goods or services to be hawked or peddled.
All municipalities (name and state) in which the applicant has carried on the business of hawking or peddling during the six months immediately preceding the application.
A statement of the name, address and telephone number of any person and of any corporation supervising the applicant's local hawking, peddling or soliciting activities under contractual or employment arrangement.
Copies of all literature, forms of orders and receipts used by the applicant in hawking, peddling or soliciting.
An enumeration of the number and kind of vehicles, if any, to be used by the applicant in carrying on the business or activity for which the license is requested.
The names and addresses of all partners, if a partnership, and the names and addresses of all officers, directors and stockholders, if a corporation.
The name and address of a person upon whom a legal notice may be served.
If hawking, peddling or soliciting is to be done on behalf of any person other than the licensee, a letter of authorization from such other person or each person or entity supplying any property, goods or services to be hawked or peddled.
A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the Town of Philipstown or by any department or officer thereof.
If the applicant is a nonprofit corporation of the State of New York, a certified copy of its certificate of incorporation, together with any amendments or supplements thereto.
If the applicant intends to hawk or peddle by going from house to house or place of business to place of business, the route to be followed, the dates and times of hawking or peddling and a copy of the applicant's identification with a current photograph thereon which can be exhibited, and showing his employer or firm, if any.
Two business references located in the County of Putnam, State of New York or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable the town to properly evaluate such character and responsibility.
The length of time for which the license is desired.
Such other information as the Town Board or Town Clerk may determine from time to time.
When the application is properly filled out and signed by the applicant, it shall be filed with the Town Clerk who shall make or cause to be made within five days an investigation of the applicant's business responsibility and character.
The Town Clerk may deny an application for a license for one or more of the following reasons:
If an application is denied, the Clerk shall notify the applicant, by certified mail, that the application is disapproved and shall deny the applicant a license.
Upon receipt of the fee and completed application and upon compliance with all the requirements of this chapter, the Town Clerk shall issue a license to the applicant specifying the particular business authorized.
Where an organization has several agents hawking, peddling or soliciting, each agent shall be registered separately and each shall pay the appropriate fee. Upon the expiration of a license, a new license will be issued upon compliance with all the provisions of this chapter and the payment of fees, except that the investigation and waiting period therefor may be waived if approved by the Town Clerk.
The license fee for such license is hereby fixed at $50. Such fee may be amended from time to time by resolution of the Town Board.
Licenses shall not be transferable. A license shall be in the continuous possession of the licensee while engaged in hawking, peddling or soliciting.
Every person hawking, peddling or soliciting within this town and having a license issued hereunder shall produce such license and exhibit the same to any person or officer requesting the same. The inability or refusal of any person to produce such license shall be presumptive evidence that such person is hawking, peddling or soliciting without a license in violation of this chapter.
It shall be a violation of this chapter for any person to have in his possession or exhibit a hawking or peddling license unless the same is lawfully issued to such person hereunder.
Any person aggrieved by the action of the Town Clerk in the denial of a license as provided herein shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed, a written statement setting forth fully the grounds for appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed by certified mail to the applicant's permanent home residence. The decision of the Town Board on such appeal shall be final and conclusive.
A licensed person shall:
Not misstate or misrepresent any fact about any article offered for sale.
Not willfully offer for sale any article of an unwholesome or defective nature.
Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying or by any loud or unusual noise, except that peddlers of ice cream and ice cream products for immediate consumption are exempted from the foregoing prohibition of the use of a bell.
Not frequent any street, sidewalk or public place so as to cause a private or public nuisance.
Keep any vehicle or receptacle used by him in his licensed business in a sound, clean and sanitary condition.
Keep any edible articles offered for sale well protected from dirt, dust, insects and disease.
Deliver to every person to whom a sale is made or from whom an order is taken a legibly written receipt, signed and dated by the licensee, setting out the total price, a description of the goods or services sold or ordered and a statement of any payment received by the licensee.
Not enter upon any premises clearly displaying a sign with letters at least one inch in height reading "Peddlers and Solicitors Prohibited," or containing similar language.
Not hawk or peddle except between the hours of 9:00 a.m. and 8:00 p.m. Monday through Saturday and not on Sundays, except that peddlers of ice cream and ice cream products for immediate consumption may hawk or peddle from 9:00 a.m. until 8:00 p.m. on any day.
[Amended 11-2-1989 by L.L. No. 6-1989]
Not permit any vehicle used to stop or remain on any crosswalk.
Not stand or permit any vehicle to stand in one place for more than 20 minutes, or in front of any premises for any time if any owner, lessee or occupant thereof objects.
Not create or maintain any booth, 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, merchandise, products or services.
Whenever the Town Clerk shall believe that any licensee or any promoter, agent or solicitor of a licensee has violated any of the provisions of this chapter or has misrepresented the purpose of the solicitation or that grounds to revoke the license may exist, the Town Clerk shall immediately temporarily suspend the license and give the licensee written notice personally or by certified mail at the licensee's permanent home address of a hearing to be held within five days of such temporary suspension to determine whether or not the license should be suspended. This notice must contain a statement of the facts upon which the Town Clerk has acted in suspending the license. If, after such hearing, the solicitation has been misrepresented, the Town Clerk shall, within two days after the hearing, suspend the license and give the applicant written notice of the suspension and the reasons therefor. Such suspension shall be appealable to the Town Board in the manner as set forth in § 128-12 of this chapter, except that the Town Clerk shall bear the burden of proof. Any conviction of the licensee, its employees, agents or representatives of a violation of any provision of this chapter shall be prima facie grounds for suspension.
Licenses issued under the provisions of this chapter may be revoked by the Town Board after notice and hearing for any of the following causes:
Fraud, misrepresentation or a materially incorrect statement contained in the application for a license.
Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on the business of hawking, peddling or soliciting.
Any violation of this chapter.
Conviction of any crime involving moral turpitude.
Conducting the business of hawking or peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menance to the health, safety or general welfare of the public.
A notice of the hearing for the revocation of a license shall be given by the Town Clerk, in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally or by certified mail to the licensee at his permanent home address at least five days prior to the date set for the hearing.
Any person violating any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct violation hereunder.