[HISTORY: Adopted by the Common Council of
the City of Kingston 6-6-1989, approved 6-8-1989 (Ch. 61 of the 1984
Code). Amendments noted where applicable.]
A.
The City of Kingston has broad powers to regulate
the use of its city streets and for the prevention and promotion of
the health, safety, aesthetics and general welfare of its inhabitants.
Any use of the streets for a private business purpose which interferes
unduly with the use of the streets by others for travel must be regulated.
B.
It is the purpose and intent of this article to control
and regulate the activities of hawkers, peddlers and solicitors in
the City of Kingston. History has shown that there is a need for investigation
and review of the past conduct of applicants in the interest of promoting
public safety and morals, child welfare, economic well-being and road
safety and usage. This article is intended to protect the peace and
security of our citizens in their homes and neighborhoods; to safeguard
consumers against fraud and inferior goods; and to prevent congestion
and unsafe conditions on the streets and roadways of the City of Kingston.
It has been made with reasonable consideration of the character of
our community and with a view to preserving the character, among other
considerations.
C.
The Common Council declares that some hawkers and
peddlers keep and store their merchandise and offer it for sale in
an unsanitary manner. The Council further finds that the presence
of hawkers and peddlers near places of public assemblage where children
of school age and others congregate or are discharged from vehicles
or where such children board vehicles presents a safety hazard and
a danger to the children and the motoring public. The Common Council
further finds that wrappings and coverings, some containing partially
unconsumed items, or the items themselves are often carelessly discarded
other than in receptacles provided for such items, thereby causing
an ugly blight on the city's streets and surrounding properties, with
increased collection costs to the city.
As used in this article, the following terms
shall have the meanings indicated:
A building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits during regular business hours, six hours per day for at
least 46 weeks in each calendar year, and in which there is a person
or clerk continually in attendance during such hours.
Includes, except as hereinafter expressly provided, any person
who, from 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
any or from any animal, wagon, cart, boat or car on a railroad track
or vehicles, sells or barters, offers for sale or barter or carries
or exposes for sale or barter any goods, wares or merchandise, except
milk, newspapers, periodicals and other expressive materials. The
terms "hawker" and "peddler" shall not be construed to include persons
exclusively selling expressive materials. For the purpose of this
chapter, expressive materials shall not be subject to peddling license
requirements. For the purpose of this chapter, "expressive materials"
includes, but is not limited to, books, comics, and other written
materials, audio recordings, video recordings, and visual art.
[Amended 9-2-2014; approved 9-8-2014]
Includes natural persons, corporations, copartnerships, unincorporated
associations or any other organizations of two or more persons.
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.
A.
Nothing in this article shall be held to apply to
any of the following:
(1)
Sales conducted pursuant to statute or by order of
any court.
(2)
Merchants having an established place of business
within the city or their employees, for soliciting orders, door to
door, from customers and delivering the same.
(3)
Commercial salesmen or deliverymen calling exclusively
on merchants having an established place of business within the city
or to any person selling goods, wares or merchandise or personal property
at wholesale to dealers in such articles.
(4)
Farmers and/or truck gardeners who themselves or through
their employees vend, sell or dispose of products of their own farms
and/or gardens.
(5)
Berry pickers who shall sell berries of their own
picking.
(6)
Sales conducted by infants under the age of 18 who
are soliciting orders for a not-for-profit corporation. The article
expressly excludes application to Girl Scouts, Brownies, Cub Scouts,
Boy Scouts and other school-age children who solicit door to door
for the benefit of their school or community organizations.
(7)
Persons soliciting, collecting or operating a sale
on behalf of any qualified and bona fide charitable, educational,
scientific, health, religious, civic or other organization of worthy
cause deemed to be in the public interest.
(8)
Any person selling his own personal property at a
garage sale held at his private residence.
(9)
Any person who applies for and is issued a special
promotional events permit from the office of the City Clerk.
(10)
Honorably discharged veterans of the Armed Forces of the United States who have obtained a veteran's license from the Ulster County Clerk in the State of New York to hawk, peddle or vend pursuant to law shall be subject to all provisions of this chapter, except those requirements contained in § 318-7 requiring licensing fees and § 318-5 requiring fingerprinting.
B.
This article shall not apply so as unlawfully to interfere
with interstate commerce.
It shall be unlawful for any person within the
corporate limits of the City of Kingston to act as a hawker, peddler
or solicitor, as herein defined, without first having obtained and
paid for and having in force and effect a license therefor. Each such
person, whether as principal, agent, servant or employee, who engages
in any such activities shall be required to be licensed hereunder.
Whether such person is compensated for his efforts shall not be determinative
for the necessity that all engaged in such activity shall be required
to be licensed. Nothing herein shall be considered as requiring a
license of the owner, clerk or employee of an established place of
business from conducting such activities on the premises of his own
place of business or on the sidewalk adjacent to such established
place of business.
A.
Any person desiring to procure or renew a license
as hereby provided shall file in person with the Chief of Police or
a representative designated by the Chief of Police a written application
upon a form supplied by the City Clerk and furnished by the city,
which shall give the following information:
(1)
The name and address of the applicant, including maiden
name where applicable.
(2)
The applicant's place of residence for the past five
years.
(3)
The applicant's business for the past five years,
including the names and addresses thereof.
(4)
Three photographs of the applicant, taken not more
than 60 days prior to the date of filing the application, which shall
be two by two inches in dimension, showing the head and shoulders
of the person making said application.
(5)
Whether or not the applicant has ever been convicted
of a felony, misdemeanor or violation of any municipal ordinance,
except with relation to illegal parking, and, if so, in what court,
when, where, upon what charges and the sentence of the court, including
the docket, index, indictment or file number in such court.
(6)
Whether the applicant is married or single.
(7)
Whether the applicant has been previously licensed
in any occupation and, if so, when, where and for what period and,
if such previous license was ever revoked or suspended, the date of
the revocation or suspension and the reason therefor.
(8)
If employed by the owner of a licensed vehicle, the
name and address of such employer, together with credentials establishing
the relationship.
(9)
If the applicant proposes to operate a vehicle in
connection with the license, a description of the cart, boat, contrivance
or vehicle, together with a license number or other means of identification
and the applicant's license number as issued by the New York State
Motor Vehicle Department.
(10)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform and the method
of distribution.
(11)
If the applicant is a corporation or association,
the name and address and title of the officer upon whom process or
other legal notice may be served.
(12)
A New York State sales tax identification number for
all corporations, partnerships, associations or other similar-type
business entities. In the event that an individual applicant does
not possess such number, the individual's social security number shall
be substituted therefor.
(13)
Fingerprints.
(a)
All applications shall be accompanied by a set
of fingerprints taken in the same manner as in a criminal proceeding.
All such fingerprints shall be submitted to the Chief of Police for
a full search. The application shall be accompanied by an appropriate
fee, in a certified or bank check or money order, which amount shall
be in addition to the fees stated herein. Any report received therefrom
shall be filed with the Police Department, whether a criminal record
is discovered or not.
(b)
If the applicant is a corporation or partnership,
a full set of fingerprints of all officers of said corporation or
of all of the partners must be furnished.
(14)
Applicants shall furnish such other information as
may be required by the Chief of Police.
B.
If the applicant's business involves the use of scales
or measures, 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 the application is for a license to handle food
in any form, the application shall be accompanied by a valid permit
issued by the county permit issuing official having jurisdiction,
as determined by the Health Department, County of Ulster.
D.
An application for a license shall be accompanied
by a bond to the City of Kingston, approved as to form and surety
by the Corporation Counsel, in the penal sum of $1,000, with sufficient
surety or sureties or sufficient collateral security, conditioned
for the due observance during the time of the license of any and all
ordinances which are now in force or may be hereafter adopted by the
Common Council respecting hawking, peddling and soliciting. In the
case of solicitors who demand, accept or receive payments or deposits
of money in advance of final delivery, such bond shall be further
conditioned for making final delivery of 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 of such shall
be refunded. Any person aggrieved by the action of any such licensed
solicitor shall have a 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 City of Kingston for a period of 90 days after the
expiration of any such license, unless sooner released by the Chief
of Police.
E.
Upon issuance of a license, the licensee shall have
in full force and effect a liability insurance policy in amounts not
less than $100,000 per individual and $100,000 per occurrence. A copy
of said policy shall be submitted to the City Clerk.
F.
Upon issuance of a license, the licensee shall execute
a hold-harmless agreement indemnifying the city against loss, including
costs and expenses resulting from injury to person or property as
a direct or indirect result of his enterprise. Said hold-harmless
agreement shall be covered by a protective policy of insurance obtained
by the applicant in an amount not less than $100,000 and shall be
submitted to the City Clerk and shall be subject to the approval of
the Corporation Counsel.
G.
The Chief of Police may, in his discretion, upon good
cause shown, waive any of the requirements for a license granted for
one day of 24 hours.
A.
Upon filing of the application, bonds, and certificates provided in the preceding section, the Chief of Police, shall, within seven days approve or deny the application. In the event that the application is approved, and upon receiving the license fee herein specified, the Police Chief shall issue to the applicant a license as provided in § 318-4, signed by the Chief of Police. The Chief of Police may impose conditions upon the use of said license, including but not limited to the times of the day, days of the week and geographical limits within which the licensee may conduct such activities as allowed by this chapter.
[Amended 9-2-2014; approved 9-8-2014]
B.
Except as hereinafter provided, no license shall be
refused except for a specific reason and for the protection of the
public safety, health, morals or general welfare. In the event that
said application is rejected by the Chief of Police, notice of such
rejection shall be mailed to the applicant within 10 days of such
rejection. The applicant shall then have 10 days from the date of
such mailing to appeal such rejection by the Chief of Police to the
Common Council. The Common Council, upon hearing the appeal by the
applicant, shall approve or deny the issuance of a license.
C.
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 article. Whenever a license, badge or vehicle
plates shall be lost or destroyed on the part of the holder, a duplicate
in lieu thereof under the original application and bond may be used
by the Chief of Police upon the filing with him by the licensee of
an affidavit setting forth the circumstances of the loss and what,
if any, search has been made for its recovery.
D.
All licenses shall be issued from a properly bound
book with proper reference stubs kept for that purpose, numbered in
the order in 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 badge and license
plate, the dates of issuance and expiration of the license, the fee
paid and the name and address of the licensee. Such licenses shall
automatically expire on January 1 following the date of issuance of
such licenses, but such licenses may specifically state and provide
for an earlier expiration date.
E.
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.
F.
Every licensee, while exercising his license, shall
carry the license with him and shall exhibit the same upon demand.
[Amended 6-5-2012, approved 6-7-2012; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
The fee for a license to act as a peddler or
solicitor shall be in an amount set forth in the fee schedule to be
established by resolution of the Common Council of this City. The
Chief of Police may also, in his discretion, grant a license for one
day of 24 hours, for which the fee shall be in an amount set forth
in the fee schedule to be established by resolution of the Common
Council of this City.[1]
The Chief of Police shall supply badges and
vehicle plates to licensed hawkers, peddlers and solicitors. Such
badges and plates shall not be transferred or assigned. On the expiration
of the license, the licensee shall surrender his badge to the Chief
of Police. It shall be unlawful for any person to destroy, deface
or injure such badge in any manner or change the number or date thereon.
It shall also be unlawful for any person to wear or have in his possession
such badge, unless he is the licensed hawker, peddler or solicitor
in whose name the license is issued. Such licensee, while exercising
his license, shall wear on the front of his outermost garment the
badge so provided, which badge shall state the number and character
of the license and the date when it expires. The vehicle plates shall
be displayed by every licensee operating a vehicle, one on each side
of the body of the vehicle used by him in the exercise of his license.
Such vehicle plates shall state the character and number of license
and the date of expiration. The color of the vehicle plates shall
be changed each license year. The wearing of the badge and the display
of the vehicle's plates are hereby made a condition of every license
to which such badge or plates apply, and the failing of the licensee
to wear the badge or to display the vehicle plates, as aforesaid,
while in the exercise of his license shall be cause for the revocation
of such license.
Every vehicle used by a licensed hawker, peddler
or solicitor in or about his business shall have the name of the licensee
and his address 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 and
address shall be kept so painted plainly and distinctly at all times
while such vehicle is in use during the continuance of the license.
The Chief of Police may, at any time, for a
violation of this article 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 thereof, in writing, shall be served by
the Chief of Police upon the person named in the application or by
mailing the same to the address given in the application and upon
filing a copy of such notice with the City Clerk.
It shall be the duty of the City Clerk to keep
a record of all applications and all licenses granted under the provisions
of this article, giving the number and date of each license, the name
and residence of the person licensed, the amount of the license fee
paid and also the date of revocation of all licenses revoked.
A.
Exclusive rights to locations prohibited; certain
locations prohibited. No hawker, peddler, or solicitor shall have
the exclusive right to any location on any street or any public property.
It shall be unlawful to hawk, peddle or solicit within 200 feet of
the entrance to any school property or other place of public assemblage
or within a similar distance of a parking lot that is customarily
used by school buses. Further, hawkers and peddlers shall not stand
on any public streets, sidewalks, bus stops, crosswalks or places
so as to obstruct access to or egress from any place or the free flow
of vehicular and pedestrian traffic. No hawker, peddler or solicitor
shall locate a vending unit within 10 feet of any other vending unit
on a public sidewalk nor within 15 feet of a fire hydrant. No hawker
or peddler or solicitor shall hawk, peddle or solicit upon or within
any street which shall be declared a prohibited street by the Common
Council, which determination shall be based on traffic conditions
and maintaining a peaceful community. It shall be unlawful to hawk,
peddle or solicit in any designated City park, with the exception
of City-sponsored events such as Independence Day, Hooley, Fall Festival
at Forsyth, concession at Kingston Point Beach, etc., unless given
a waiver by the Recreation Department.
[Amended 7-11-2006, approved 7-13-2006]
B.
Heated water required in some instances. Any licensed
hawker or peddler selling or dispensing foodstuffs, other than fresh
fruit and vegetables, at all times while so hawking or peddling shall
have on his or her cart, vehicle or other contrivance from which such
foodstuff is sold or dispensed a container with at least five gallons
of water heated and maintained to a temperature suitable for the purpose
of cleaning the hands of the purveyor and any utensils that may be
used in the purveying of the foodstuffs. Such water shall be disposed
of only in a wastewater drain and shall not be discharged onto a city
street or in a catch basin of a street. This subsection shall not
apply to foodstuffs that have been prepackaged or wrapped or covered
at a location other than the hawker's, peddler's or solicitor's vehicle,
boat, cart or other contrivance.
C.
Refuse containers required. Each and every cart, vehicle,
boat or other contrivance used in the hawking or peddling of foodstuffs,
beverages or other articles containing a wrapping or cover shall at
all times have readily available to the purchasing public a refuse
receptacle for the disposal of waste. The maintenance of the container
shall at all times be with the hawker or peddler. At the conclusion
of the activities at a particular location by the hawker or peddler,
he or she shall be responsible for the cleaning up of all waste and
debris within a ten-foot radius of such container and shall be responsible
for the disposition of such waste and debris in a manner that will
cause the expense of such removal in the first instance to be borne
by the hawker or peddler and not by the city or any adjacent property
owner. At no time of the license period by the hawker or peddler shall
such waste or debris be placed in containers provided for the general
public by the city or any business association. Disposition of such
waste and debris shall comply with any and all City of Kingston regulations
on recycling and waste.
D.
Use of weighing and measuring devices. All weighing
and measuring devices used by peddlers shall be attached to a fixed
standard suspended from the vehicle or conveyance used by such peddler,
in order to ensure the accuracy of such device.
E.
Unnecessary noise. No persons, hawkers, peddlers or
solicitors shall use or operate any loudspeaker public-address system,
radio, sound amplifier or similar device or make any other unnecessary
noise to attract the attention of the public.
No persons, hawkers, peddlers or solicitors
shall falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provision or merchandise.
A.
In addition to and not in limitation of any power
otherwise granted by law, officers of the Kingston City Police Department
are hereby authorized to issue an appearance ticket for violations
of this article.
B.
Any person who shall act as a hawker, peddler or solicitor,
as herein defined, without a license or who shall violate any of the
provisions of this article or who, having had his license revoked,
shall continue to act as a hawker, peddler or solicitor shall, upon
conviction, be punished by a fine of not less than $100 nor more than
$500. Each day on which such violation continues shall constitute
a separate offense.
Notice of this article shall be published once
in the official newspaper of the City of Kingston, New York.
This article shall take effect immediately upon
passage and approval.
It is hereby found and determined by the Common
Council of the City of Kingston, New York, that the public solicitation
of funds from stopped vehicles or vehicles stopped for such purpose
on the public street, avenues, roadways and intersections of the City
of Kingston, New York, has posed an ever-increasing danger of accident,
injury and possible death to the operators of such vehicles, their
passengers, other pedestrians and solicitors for funds and that the
continuation of such practice of soliciting is inimical to the interests
of the people of the City of Kingston, New York, and that there should
be adopted, pursuant to § 1640 of the Vehicles and Traffic
Law of the State of New York, rules and regulations respecting soliciting
from vehicles and the occupants thereof on such public streets, avenues,
roadways and intersections within the City of Kingston, New York.
On and after the date that this article shall
take effect, it shall be unlawful for any person to solicit funds
for whatever cause by soliciting from the occupants of motor vehicles
on the moving traffic lanes of any public street, avenue, roadway
or intersection, whether such vehicle is stopped for traffic or is
in the process of moving with traffic, and each such violation shall
constitute a separate offense.
Any person or persons found guilty of an offense
or offenses for violation of the provisions of this article shall
be subject to a fine in an amount not to exceed $100 or imprisonment
not to exceed 10 days, or for both such fine and imprisonment, for
each separate violation.
This article shall take effect immediately upon
passage and approval.
