[HISTORY: Adopted by the Town Board of the Town of Geddes 5-17-1982
by L.L. No. 1-1982 (Ch. 57 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 145.
This chapter is enacted for the purpose of regulating the conduct and
business practices of transient merchants within the Town of Geddes.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
A person who engages or proposes to engage in a transient retail
business.
One conducted in a store, hotel, motel, building, lot or structure
for the retail or discount sale of goods, wares and merchandise, excepting
food products, and from which is intended to be conducted for a temporary
period of time and not permanently. If the place in which a business is conducted
is rented or leased for a period of six months or less, such fact shall be
presumptive that the business carried on therein is a "transient business."
[Amended 2-13-1996 by L.L.
No. 1-1996]
The purpose of this chapter is to assist the government of the Town
of Geddes, the management of its businesses, the preservation of good order
and the peace, health, safety and welfare of its inhabitants and the protection
and security of their property.
[Amended 2-13-1996 by L.L.
No. 1-1996[1]]
No person shall engage in business as a transient merchant unless he
shall first have obtained a license to do so from the Town Clerk no later
than 10 business days before the first date of business. The fee for a transient
merchant's license shall be as set from time to time by resolution of the
Town Board.
A.
An application for a transient merchant's license shall
provide the following information:
(1)
Address of his place of residence.
(2)
The firm or firms he represents, together with copies
of documents establishing the firm's state or county, form of organization,
ownership and qualifications to do business in this state, and the exact relationship
between the firm and the transient merchant. (If a corporation, the shareholders,
directors and officers of same shall be reported.)
(3)
A brief description of the nature of the business and
the kind of goods or commodities he desires to sell.
(4)
The hotel, room or other place where the applicant proposes
to sell such merchandise, and the time during which said business is to be
conducted.
B.
Bond requirements.
(1)
Before such license is issued by the Town Clerk, the
applicant will be required to post a surety bond in an amount of $1,000 with
a surety company licensed to do business in this state. Said bond shall be
approved as to form and sufficiency by the Town Attorney and Town Clerk before
such license is issued.
[Amended 2-13-1996 by L.L.
No. 1-1996]
(2)
A condition of such bond shall be that said transient
merchant will pay all state and local sales and other taxes applicable to
his transactions entered into in this town; that he will well and truly perform
any and all contracts or sales orders made within the town; that all contracts
and sales orders will be in writing and will specify in detail all terms thereof,
including but not limited to any warranty or guaranty therein; and that if
said merchant takes orders for merchandise to be delivered at a future date
and accepts payment in part or in full, that he will deliver said merchandise
in a satisfactory condition within a period of three months from the date
of said contract, a copy of which contract or sales order, with full particulars,
is to be delivered to the purchaser at the time of sale.
(3)
There shall be no forfeiture in respect to the three
months' limitation where there is proof that nondelivery was due to strikes
or other extraordinary events beyond the control of said merchant; however,
in such event, the merchant, upon demand, shall promptly return, in full,
the purchaser's deposit; and if he fails to do so, the surety will be required
to make restitution under said bond.
C.
Licenses hereunder shall state the place where the businesses
is to be conducted and the date of expiration of the term of such business
pursuant to the license.
Before any person who is a nonresident of New York State shall have
a license issued hereunder, such person must provide, to the Town Clerk and
Town Attorney, proof of authorization to the New York State Secretary of State
to receive service pursuant to the Business Corporation Law § 304.
A certified copy of such authorization shall be filed with the Geddes Town
Clerk.
A.
Nothing in this chapter shall be held to apply to any
of the following:
(1)
Sales conducted pursuant to statute.
(2)
Sales conducted pursuant to the order of any court.
(3)
Any person selling personal property at wholesale to
dealers in such articles.
(4)
The peddling of meats, fish, fruit and similar produce
by farmers and persons who produce such commodities or to dealers in milk,
baked goods, heating oil and daily newspapers.
(5)
Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General Business
Law of the State of New York.
(6)
Persons soliciting, collecting or operating a sale on
behalf of any bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy causes deemed to be in the public
interest.
(7)
Any person selling personal property at a legitimate
garage sale held at his residence.
(8)
Any person selling Christmas trees.
B.
This chapter shall not be construed so as to unlawfully
burden or interfere with interstate commerce.
Chapter 240, Zoning, of the Town of Geddes shall apply to all licenses granted under this chapter. The town reserves the right to revoke any license which violates such chapter.
The owner, proprietor or manager of any hotel, motel, rooming house
or other place of public accommodation shall, within six hours after renting,
report to the Town of Geddes Police Chief and to the Onondaga County Sheriff
the name of any person who has rented a room or other space for the sale and
display of merchandise of a transient merchant, giving the location of the
room so rented.
Any person violating the provisions of this chapter shall be guilty
of a violation and, upon conviction thereof, shall be punishable by a fine
of not more than $250, imprisonment for not more than 15 days, or both, for
each offense; and every day that a violation of this chapter shall continue
shall constitute a separate and distinct offense.
