As used in this chapter, the following terms shall have the meanings
indicated:
HAWKER AND PEDDLER
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, water and newspapers.
SOLICITOR
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 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. The term "solicitor" shall, however, also
mean and include any person taking or offering to take orders for goods, wares
or merchandise, books, magazines, periodicals or any other item or items of
value (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 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.
It shall be unlawful for any person within the corporate limits of the
Town to act as a hawker, peddler or solicitor as herein defined or assist
the same without first having obtained and paid for and having in force and
effect a license therefor and having received a solicitor's permit.
A nonrefundable application fee must be submitted to the Town Clerk
prior to receiving an application for a license. Said fee shall be established
from time to time by resolution of the Town Board. All funds are to be cash
or certified check or money orders.
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 or surety company bond or other bond secured
by sufficient collateral in such amount as is determined by resolution of
the Town Board, said bond 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 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 for a period of 90 days after the
expiration of any such license, unless sooner released by the Town Board.
All licenses issued pursuant to this chapter shall be issued for a period
not to exceed one year, nor a shorter term than three months but, in any event,
shall expire on the 31st day of December following the date of issuance.
License fees set in accordance with §
1-18 shall be paid to the Town Clerk for the license herein required.
A written statement of all orders taken by licensed solicitors who demand,
accept or receive payment or deposit of money in advance of final delivery,
setting forth the terms thereof, the amount paid in advance, the name of the
solicitor and the name of the person or firm he or she represents, shall be
given to the purchaser at the time the money is paid to or deposited with
the solicitor.
A license may be refused if the applicant shall have been convicted
of a misdemeanor or felony, which, in the judgment of the Town Clerk, renders
the applicant unfit or undesirable to carry on the trade or occupation of
peddler or solicitor. The Town Clerk may also refuse a license to any person
who, in his or her judgment, shall be an undesirable person or incapable of
properly conducting such occupation. In addition, the Town Clerk, upon consultation
with the Irondequoit Police Department and Town Attorney, where applicable,
may revoke any such license upon his or her determination and finding the
regulations and rules herein have been violated. Any applicant who has been
refused a license by the Town Clerk may appeal to the Town Board therefor,
and the same may be granted or refused by the Town Board, except as prohibited
by Town Law § 137, as amended or changed.
Licenses or permits issued under provisions of this chapter may be revoked
immediately by the Town Clerk upon consultation with the Irondequoit Police
Department and Town Attorney. If the licensee has one or more employees, agents
or contractors, the revocation hereunder shall apply to all. Revocation may
occur for the following reasons:
A. Fraud, misrepresentation or any false statement contained
in the application for license.
B. Fraud, misrepresentation or false statement made in the
course of carrying on the business as peddler, huckster, vendor or solicitor.
C. Any violation of this chapter.
D. Conviction of any crime or misdemeanor involving dishonesty
or moral turpitude.
E. Conducting the licensed business in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
F. Any breach of stipulations or conditions specified by
the Town Board, if any, or any deviation from the terms and agreements upon
which a special permit has been granted, as provided herein.
Any person denied a license or permit or whose license or permit has been suspended or revoked in accordance with §
167-8 of this chapter shall be ineligible to apply for a new license or permit for a period of six months from the date of such denial, revocation or suspension, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.
A violation of any provision of this chapter is hereby declared to be a misdemeanor, punishable as provided in §
1-16.