[HISTORY: Adopted by the Town Board of the Town of Philipstown 6-2-1988
as L.L. No. 2-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 74.
This chapter shall be cited as the "Hawking and Peddling Law of the
Town of Philipstown."
A.
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.
B.
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.
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.
As used herein shall not mean or include the word "charitable," as
herein defined, but shall be given their commonly accepted definitions.
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.
A.
This chapter shall not apply to:
(1)
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.
(2)
The holder of a license granted pursuant to the General
Business Law of the State of New York.
(3)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the town.
(4)
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.
B.
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:
A.
The name and age of the applicant.
B.
The permanent home residence and the address of his current
place of sojourn if different from his home address.
C.
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.
D.
An itemized statement of all property, goods or services
to be hawked or peddled.
E.
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.
F.
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.
G.
Copies of all literature, forms of orders and receipts
used by the applicant in hawking, peddling or soliciting.
H.
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.
I.
The names and addresses of all partners, if a partnership,
and the names and addresses of all officers, directors and stockholders, if
a corporation.
J.
The name and address of a person upon whom a legal notice
may be served.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
The length of time for which the license is desired.
Q.
Such other information as the Town Board or Town Clerk
may determine from time to time.
A.
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.
B.
The Town Clerk may deny an application for a license
for one or more of the following reasons:
A.
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.
B.
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.
C.
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.
A.
Licenses shall not be transferable. A license shall be
in the continuous possession of the licensee while engaged in hawking, peddling
or soliciting.
B.
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.
C.
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:
A.
Not misstate or misrepresent any fact about any article
offered for sale.
B.
Not willfully offer for sale any article of an unwholesome
or defective nature.
C.
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.
D.
Not frequent any street, sidewalk or public place so
as to cause a private or public nuisance.
E.
Keep any vehicle or receptacle used by him in his licensed
business in a sound, clean and sanitary condition.
F.
Keep any edible articles offered for sale well protected
from dirt, dust, insects and disease.
G.
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.
H.
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.
I.
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]
J.
Not permit any vehicle used to stop or remain
on any crosswalk.
K.
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.
L.
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.
A.
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:
(1)
Fraud, misrepresentation or a materially incorrect statement
contained in the application for a license.
(2)
Fraud, misrepresentation or a materially incorrect statement
made in the course of carrying on the business of hawking, peddling or soliciting.
(3)
Any violation of this chapter.
(4)
Conviction of any crime involving moral turpitude.
(5)
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.
B.
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.
