[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-20-1977
as Ch. 17 of the 1977 Code; amended in its entirety 4-23-2002 by L.L. No.
8-2002. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of
any court.
(2)
Any person selling personal property at wholesale to
dealers in such articles.
(3)
Berry pickers who sell berries of their own picking.
(4)
The peddling of meats, fish, fruit and farm produce by
farmers and persons who produce such commodities.
(5)
Any honorably discharged member of the armed forces or
any other person who has procured a license issued by the County Clerk as
provided by § 32 of the General Business Law of the State of New
York, as amended or changed.
B.
Exempt organizations.
(1)
Nonprofit organizations. Nonprofit organizations and
persons working for such organizations shall be exempt from the license fees.
However, such organizations shall be subject to the application fee and shall
register annually by the application process with the Town Clerk in the event
that they plan to engage in vending, hawking, peddling or soliciting and shall
indicate the type of activities to be undertaken and the time when they will
be performed. At the time of application, such organizations shall also offer
proof of their nonprofit status as being organized under Section 501(c)(3)
of the Internal Revenue Code of 1986, as amended, that maintains a chapter
or local organization within Monroe County. Proof should be submitted in the
form of evidence of nonprofit filing from the department of state in the state
for the organization has incorporated.
(2)
Children, veterans, fraternal organizations. A child
residing in the Town and regularly attending any public school district or
parochial or private school located, in whole or in part, within the County
of Monroe or a member of a veterans organization or fraternal organization,
provided that such organization has and maintains a chapter, post, lodge,
camp or other group within Monroe County, are exempt from the provisions of
this chapter, provided that any person coming within the provisions of this
exemption shall only peddle, vend or solicit in connection with an authorized
activity of the organization of which he or she is a member or of the school
which he or she attends.
C.
Interstate commerce. This chapter also shall not apply so as unlawfully to interfere with interstate commerce, and, to that end, all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the Town Clerk for a certificate of compliance, using the form of application described in § 167-4; the applicant shall also submit to the Town Clerk satisfactory evidence that he or she is engaged in interstate commerce.
D.
Certificate of compliance for exemptions. When the applicant
shall have established to the satisfaction of the Town Clerk that he or she
is engaged in interstate commerce or is entitled to one or more of the above
exemptions, the Town Clerk shall issue to him or her a certificate of compliance
stating, among other things, that such person has complied with the requirements
of this section and has satisfactorily established that he or she is engaged
in interstate commerce. Such certificate shall be carried with the person
exercising it and shall be exhibited upon demand. All certificates 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. The securing of any such
certificate by fraud or misrepresentation by any person not in fact engaged
in interstate commerce or entitled to one or more exemptions shall constitute
a violation of this chapter.
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.
A.
Any person desiring to procure a license as herein provided
is required to furnish the appropriate application fee and file a written
application upon a form furnished by the Town Clerk. Along with submission
of the written application, the applicant must obtain a police background
check of each person to be soliciting within the Town. The police check must
be made at the applicant's expense, must be obtained from the town or city
where each solicitor resides and be personally provided to the Town Clerk's
office. Such application shall be given to the Town Clerk at least two weeks
in advance of the first day of solicitation and shall contain the following
information:
(1)
The quantity of vehicles and the vehicle identification
number, copy of the vehicle registration, plate number, model and make of
each vehicle to be used by the applicant in carrying on the business for which
the license is desired.
(2)
The kind of goods, wares and merchandise he or she desires
to sell or the kind of service he or she desires to perform.
(3)
The method of distribution.
(4)
The name, permanent business address, business telephone
number and age of the applicant.
(5)
Whether or not the applicant and each solicitor associated
therewith has been convicted of a misdemeanor or felony and, if so, give the
date of conviction, the nature of the offense, the penalty imposed and the
name and address of the court.
(6)
A police background check of each person to be soliciting
within the Town. The police check must be made at the applicant's expense
and must be obtained from the town or city where each solicitor resides.
(7)
The name and address of the person, firm or corporation
he or she represents.
(8)
The length of time the applicant desires the license;
such a license shall not be issued for a longer term than one year nor a shorter
term than three months.
(9)
A written, detailed description of the specified proposed
plan of operations to be used by the applicant.
(10)
Any violation(s) of this chapter or any comparable laws,
ordinances, statutes, rules, orders or regulations of any other municipality
or of the State Door-to-Door Sales Protection Act,[1] within the past 10 years, by the applicant or any individuals
employed by or on behalf of the applicant as a vendor, solicitor or peddler.
[1]
Editor's Note: See Personal Property Law § 425 et seq.
(11)
Such other information as may be required by the Town
Clerk to determine the veracity or to clarify any of the prior statements
required in this subsection.
B.
If applicable, 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.
C.
If applicable, such application shall be accompanied
by proof of a professional license held if said license must be used in conjunction
with the solicitation.
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.
A.
Application; grant. Except for those organizations which
are exempt as outlined in this chapter, the Town Clerk shall issue a license
pursuant to a valid application for peddling and soliciting.
B.
Use. A license shall not be assignable. Any holder of
such license who permits it to be 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.
Contents. All licenses shall be filed in the Town Clerk's
office and shall state clearly the kind of vehicle, if any, to be used and
the kind of goods, wares or merchandise to be sold or service to be rendered,
the dates of issuance and expiration of the license, the fee paid and the
name and address of the licensee.
D.
Display. Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit the same
upon demand or, if engaged in telephonic solicitation, shall, upon each completed
call, immediately state his or her name and address and number of his or her
license.
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.
Number limited. Any person who aids or assists a solicitor
in selling and delivering must obtain a separate license.
B.
Identification card required. All persons who have obtained
a solicitor's license shall at all times carry and on demand display a card
of identification issued by the Town Clerk, which card shall contain the following
information: the name of the employee, the name of the employer and the date
of expiration of the employer's license. Such identification cards shall be
valid until the expiration of the license under which they are issued.
C.
Statement required. Each such employee shall file with
the Town Clerk a statement, including his or her name, age, permanent and
city address, telephone number and the name, address, and telephone number
of his or her employer.
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.
Unlawful sales. A hawker, peddler or solicitor shall
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 or merchandise.
B.
Sanitary conditions. A hawker, peddler or solicitor shall
keep the vehicles and receptacles used by him or her in a clean and sanitary
condition and the food stuffs and edibles offered for sale well covered and
protected from dirt, dust and insects.
C.
Noises. A hawker, peddler or solicitor shall not blow
a horn, ring a bell or use any other noisy device so as to create a public
nuisance.
D.
Obstructions. A hawker, peddler or solicitor shall not
create or maintain any booth or stand or place any barrels, boxes, crates
or other obstructions upon any street, sidewalk, right-of-way, or public place
for the purpose of selling or exposing for sale any goods, wares or merchandise.
E.
Measuring devices. A hawker, peddler or solicitor shall
not use any weighing or measuring device unless the same shall have been examined
and sealed by the County Sealer of Weights and Measures.
F.
Hours. A licensee may not sell or vend within 250 feet
of any school property between the hours of 8:00 a.m. and 4:00 p.m. on school
days, nor enter upon private property for the purpose of peddling or soliciting
before the hour of 10:00 a.m. or after 1/2 hour before sunset of any day,
except upon the prior invitation of the householder or occupant.
G.
Appealing to sympathies. No peddler or solicitor shall,
in order to effectuate or assist in any sale or solicitation, represent that
he or she is engaged in any contest or in any way attempt to induce a sale
or solicitation by appealing to the sympathies of the person so solicited.
H.
Permitted place. A licensee may perform his/her respective
acts and occupations at any place in the Town of Irondequoit, except on property
owned or leased by the Town of Irondequoit or any district thereof or on property
owned by any school district, or otherwise prohibited by the owner of private
property.
I.
Use of public streets. None of the foregoing licensees
shall use any of the public streets or government property within the Town
of Irondequoit as standing places for their vehicles, handcarts or pushcarts
for the conduct of business.
A.
No peddler, solicitor or vendor of any type shall be
issued a permit for the duration of the Fourth of July Celebration in the
Town of Irondequoit, from start to finish, for the portion of Titus Avenue
from the intersection of Portland Avenue to the intersection of Kings Highway.
B.
Exception. The license procedure as set forth in this
chapter will not apply to those vendors participating in the July Fourth Celebration
as selected by the July Fourth Committee.
A.
Application for registration; contents. An application
to solicit funds for any cause whatever as provided for in this section shall
be addressed to the Town Clerk at least two weeks in advance of the first
day of solicitation, and such application shall contain the following information:
(1)
The name and purpose of the cause for which permission
is sought.
(2)
The names, addresses and telephone numbers of the officers
and directors of the organization.
(3)
The time for which permission is sought and localities
and places of solicitation.
(4)
Whether or not any commissions, fees, wages or emoluments
are to be expended in connection with such solicitation.
(5)
Such other information as the Town Clerk shall require
to determine the veracity or to clarify any of the prior statements required
in this subsection.
B.
Statement of finances. It shall be the duty of the Town
Clerk, before granting permission to solicit funds or donations as provided
for in this section, to compel the applicant to file with him or her a signed
statement of all moneys collected in the calendar year or the fiscal year
of such organization, society, association or corporation previous to the
application, the expenditures connected therewith, together with the names
and addresses of all persons receiving wages, commissions or emoluments and
the amounts so expended.
C.
Registration. Registration as required by this section
shall be done, in writing, at the office of the Town Clerk during regular
business hours and shall include the following information:
(1)
The name, address and telephone number of the organization,
society, association, religious institution or corporation desiring to solicit
in the Town.
(2)
The names, addresses and telephone numbers of the officers
and directors of the organization, society, association, church or corporation.
(3)
The names, addresses, telephone numbers and ages of all
agents or representatives who will solicit in the Town.
(4)
Whether or not the agents or representatives or any of
them have ever been convicted of a misdemeanor or felony and, if so, give
the date of conviction, the nature of the offense, the penalty imposed and
the name and address of the court.
(5)
A police background check of each person to be soliciting
within the Town. The police check must be made at the applicant's expense
and must be obtained from the town or city where each solicitor resides.
(6)
The number, year, trade name identification or registration
number, state of registration and owner of every vehicle to be used.
(7)
The name and purpose of the cause for which soliciting
is to be done.
(8)
The time, localities and places of solicitation.
(9)
Whether or not any commissions, fees, wages or emoluments
are to be expended in connection with such solicitation and to whom.
(10)
A statement of finances as hereinafter provided in Subdivision
B.
(11)
Such other reasonable information as the Town Clerk shall
require to determine the veracity or to clarify any of the information required
by the subsection.
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.
A.
Any person aggrieved by the action of the Town Clerk
in the denial of an application for a license or revocation of a license,
as provided in this chapter, shall have the right to appeal to the Town Board.
B.
Such appeal shall be taken by filing, within 14 days
after notice of the action complained of has been mailed to such person's
last known address, as shown on the application, a written statement setting
forth fully the grounds for the appeal.
C.
The Town Board shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be mailed to the applicant
at his or her last known address at least five days prior to the date set
for the hearing.
D.
The granting, refusal, revocation or suspension of a
license or permit by the Town Board shall be subject to review pursuant to
Article 78 of the Civil Practice Law and Rules of the State of New York. Any
such Article 78 proceeding must be commenced within 30 days of the mailing
of notice of the action sought to be reviewed.
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.
