[HISTORY: Adopted by the Town Board of the
Town of Halfmoon 11-21-1972 by L.L. No.
4-1972. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
PERSONS
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being used.
SOLICITOR
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take orders for goods, wares or merchandise, 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.
VENDOR, HAWKER AND PEDDLER
Except as hereinafter expressly provided, any person, either
principal, agent, officer or employee, who, from any boat or motor
vehicle or on a railroad tract or in 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 animal or vehicle, sells or barters, offers
for sale or barter or carries or exposes for sale or barter any goods,
wares or merchandise, except milk or newspapers.
A. Generally. Nothing in this chapter shall apply to
sales conducted pursuant to statute or by order of any court or to
any person selling personal property at wholesale to dealers in such
articles. The licensing provisions of this chapter shall not apply
to merchants having an established place of business within the Town
of Halfmoon or their employees; to farmers and truck gardeners who
themselves or through their employees vend, sell or dispose of the
products of their own farms or gardens; to party plans or to calls
in response to prior invitation. This chapter shall not be construed
to prevent route salesmen or other persons having established customers
to whom they make periodic deliveries from calling upon such customers
or from making calls upon prospective customers to solicit a request
for future periodic route deliveries.
B. This chapter shall not apply to solicitations by charitable,
religious or civic organizations.
It shall be unlawful for any person within the
corporate limits of the Town of Halfmoon to act as vendor, hawker,
peddler or solicitor as herein defined without first having obtained
and paid for, and having in force and effect a license therefor, all
as is herein provided.
Any person desiring to procure a license as
herein provided shall file with the Town Clerk of the Town of Halfmoon
a written application upon a form furnished by the Town Clerk and
shall file at the same time satisfactory proof of good character.
Such application shall have the number and kind of vehicle to be used
by the applicant in carrying on the business for which the license
is desired; the kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform; the method of distribution;
the name, address and age of the applicant; the name and address of
the person, firm or corporation he represents; the length of time
the applicant desires the license; and such other information as may
be required by the Town Clerk. Such application shall be accompanied
by a certificate from the sealer of weights and measures certifying
that all weights and measuring devices to be used by the applicant
have been examined and approved. 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 bond delivered
to the Town of Halfmoon, approved as to form and surety by the attorney
employed by the Town Board, in the sum of $1,000 with a sufficient
surety or sureties, or sufficient collateral security, 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 falling therein that the advance payment of such order be refunded.
Any person aggrieved by the action of any licensed solicitor shall
have right by action on the bond for the recovery of money or charges,
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 of Halfmoon
for a period of 90 days after the expiration of any such license,
unless sooner released by the Town Board.
Upon filing of the application, bond and certificate as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant, a license as provided in §
125-3 signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morale or general welfare. 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. Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Town Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the lost license and what, if any, search has been made for its recovery. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order which they are issued and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license, the date of issuance and expiration of the license fee paid and name and address of the licensee. Such licenses shall automatically expire on January 1 following the date of issuance, but such licenses may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 18 years of age. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists. Every licensee while exercising his license shall carry the license with him and shall exhibit the same upon demand.
[Amended 5-20-2015 by L.L. No. 5-2015]
The license fee shall be per annum and set by the Town Board
by resolution, and if the licensee shall have more than one person
to whom or vehicle for which it is desired to have a license issued,
there shall be an additional fee for each license which shall also
be set by resolution of the Town Board.
Every vehicle used by a licensed vendor, hawker,
peddler or solicitor in or about his business shall have the name
and address of the licensee plainly, distinctly and legibly painted
in letters and figures at least two inches in length in a conspicuous
place on the outside of each side of every such vehicle, and such
name shall be kept so painted plainly and distinctly at all times
while such vehicle is in use during the continuance of the license.
The Town Clerk may at any time, for a violation
of this chapter or any other ordinance or any law, revoke any license.
When a license shall be revoked, no refund of any unearned portion
of the license fee shall be made. Notice of such revocation and the
reason or reasons therefor in writing shall be served by the Town
Clerk upon the person named in the application or by mailing the same
to the address given in the application.
A licensed vendor, hawker, peddler or solicitor
shall:
A. 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 merchandise.
B. Not use the license provided by the Town after the
expiration or revocation of the license represented by them.
C. Keep the vehicle and receptacles used by him in a
clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
D. Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares or shout or cry out
his wares.
E. Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes
or in front of any premises for any time if the owner or lessee of
the ground floor thereof objects.
F. Not sell any confectionery or ice cream within 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
G. Not permit any vehicle used by him to stop or remain
on any crosswalk.
H. Not create or maintain any booth or 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 or merchandise.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Town Clerk to keep
a record of all the applications and of all licenses granted under
the provisions of this chapter giving the number and date of each
license, the name and residence of the person licensed, the amount
of license fee paid and the date of revocation of all licenses revoked.
[Amended 6-17-2008 by L.L. No. 2-2008]
Any person who himself or by his clerk, agent
or employee shall act as a vendor, hawker, peddler or solicitor, as
herein defined, without a license or shall violate any of the provisions
of this chapter or who, having had his license revoked, shall continue
to act as a vendor, hawker, peddler or solicitor shall be liable to
a fine of not more than $250 for each offense or to imprisonment for
a term not to exceed 15 days, or both such fine and imprisonment.
When a violation of any of the provisions of this chapter is continuous,
each week or portion thereof shall constitute a separate and distinct
violation.