[HISTORY: Adopted by the Town Board of the
Town of DeWitt as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-8-1976]
[Amended 3-28-2016 by L.L. No. 1-2016]
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm or organization requesting or soliciting
alms, subscriptions or contributions to any church, charitable or
public institution or organization whatsoever or for the purpose of
distributing any handbill, pamphlet, tract, notice or advertising
matter.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, in any public street or public place
of business, on foot or on or from any vehicle, sells or barters,
offers for sale or barter or carries or exposes for sale or barter
any goods, wares or merchandise, except as hereinafter exempted.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all entities of any kind capable of being sued.
Includes any person who goes from place to place or house
to house taking or offering to take orders for goods, wares or merchandise
or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery,
except as hereafter exempted.
A.
The following persons are exempt from the licensing provisions of
this article but are subject to all remaining provisions; however,
they shall file a notification with the Town Clerk before starting
any residential soliciting:
[Amended 2-15-1991 by L.L. No. 1-1991; 3-28-2016 by L.L. No. 1-2016]
(1)
Any person acting under this article pursuant to statute or court
order.
(2)
Any person selling personal property at wholesale to dealers in such
articles.
(3)
Any person acting as or in behalf of a bona fide merchant operating
specific business premises during regular business hours in the Town
of DeWitt.
(4)
Any person producing meats, fish, fruits or farm produce, and employees
thereof.
(5)
Any person acting as a dealer in milk, bakery products, heating fuel
oil or local newspapers.
(6)
Any person soliciting or collecting for any bona fide charitable
organization.
(7)
Any infant under the age of 16 years of age.
(8)
Any honorably discharged member of the United States Armed Forces
who has procured a license pursuant to the General Business Law.
(9)
Any person standing or sitting on public property for purposes of
begging, requesting or soliciting alms or charity for purposes of
his or her own personal support.
B.
The provisions of this Article shall not apply so
as to unlawfully interfere with interstate commerce or to be in restraint
of trade.
[Amended 3-28-2016 by L.L. No. 1-2016]
A.
It shall be unlawful for any person within the corporate limits of
the Town of DeWitt 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.
B.
Each person desiring to act as a hawker, peddler or solicitor shall first file a completed application and authorization for a background check with the Town Clerk on the forms prescribed for such purposes, and shall pay to the Clerk, at the time of filing said application and authorization, a nonrefundable background check fee in the amount established by the Town Board pursuant to § 140-6A.
Any person desiring to procure a license as
herein provided shall file with the Town Clerk a written application,
over affidavit, upon a form furnished by the Town Clerk, setting forth
the applicant and his date of birth, address and social security number;
the name and address of the person, firm or corporation he represents;
whether he is a citizen of the United States; whether he has ever
been convicted of a felony or misdemeanor and, if so, full details
of each and every such conviction; a detailed statement of the particular
business, trade or occupation for which a license is requested; the
kinds of goods, wares and merchandise or service to be sold or rendered
and the method of operation; the kind of vehicle, if any, to be used
by the applicant; the hours of operation; the duration of time the
applicant wishes to be licensed; and such other information as may
be required by the Town Clerk.
A.
The Town Clerk shall determine, upon the information contained in
such application together with the results of the background check,
whether the applicant is a desirable person and capable of properly
conducting the business, trade or occupation for which the license
is requested and whether the public health, safety, morals and general
welfare of the town will be protected and served by the granting of
the license request. The Town Clerk shall thereupon approve or disapprove
such application and issue or refuse to issue a license under this
article. The Town Clerk shall not issue any license under this article
until and unless the Clerk has seen and reviewed the results of the
applicant's background check.
[Amended 3-28-2016 by L.L. No. 1-2016]
B.
Any license shall become effective from the date of issue and payment of a license fee in the set by the Town Board pursuant to § 140-6A, and shall continue in force for the term specified therein, such term not to exceed one week.
[Amended 3-28-2016 by L.L. No. 1-2016]
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 be guilty
of a violation of this Article.
D.
Whenever a license or license badge shall be lost
or destroyed by the licensee, a duplicate in lieu thereof under the
original application may be issued by the Town Clerk upon filing an
affidavit setting forth the circumstances of the loss and what, if
any, search has been made for its recovery.
E.
All licenses shall state clearly the kind of vehicle
to be used, the goods, wares and merchandise to be sold or service
to be rendered, the license number, the dates of issuance and expiration
of the license, the fee paid and the name and address of the licensee.
F.
Such license shall automatically expire seven (7)
days following the date of issuance of such license, but such license
may specifically state and provide for an earlier expiration date.
G.
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 (6) months shall have elapsed since
the last previous rejection or revocation, unless he can show that
the reason for such rejection no longer exists.
H.
Every licensee, while exercising his license, shall
carry the license with him and shall exhibit the same upon demand.
[Amended 3-28-2016 by L.L. No. 1-2016]
A.
A fee schedule shall be established by resolution of the Town Board
of the Town of DeWitt. Such fee schedule may thereafter be amended
from time to time by like resolution.
B.
The background check fee shall be payable at the time of initial
application. An applicant's background check results shall expire
six months after the date they are received by the Town Clerk. An
applicant whose background check results have expired shall, upon
the filing of any new application, also sign a new background check
authorization and pay a new background check fee.
[Amended 3-28-2016 by L.L. No. 1-2016]
The Town Clerk shall supply badges to all licensed hawker, peddlers or solicitors. Such badges shall not be transferred or assigned. On the expiration of the license, the licensee shall surrender his badge to the Town Clerk. 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 wearing of the badge is hereby made a condition of every license to which such badge applies, and failure by the licensee to wear the badge as aforesaid while in the exercise of his license shall be cause for the revocation of such license. There shall be a charge for each badge in the amount set by the Town Board in accordance with the provisions of § 140-6A, which sum shall be refunded when the badge is returned by the licensee.
A.
Any applicant who has been refused a license by the
Town Clerk may apply to the Town Board therefor, and the same may
be granted or refused by said Board except as prohibited by statute.
B.
Any license issued pursuant to this Article may be
revoked by the Town Board under the authority of Article 9 of the
Town Law after a public hearing at which the licensee is given opportunity
to be heard, upon determination that the holder of such license is
an undesirable person or is incapable of properly conducting the business,
trade or occupation previously licensed.
[Amended 4-23-1984; 3-28-2016 by L.L. No. 1-2016]
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale nor offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
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.
C.
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.
D.
Not permit any vehicle used by him to stop or remain on any crosswalk.
E.
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.
F.
Not solicit at residences prior to 9:00 a.m. or after 9:00 p.m.
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 and signed by the solicitor, in
duplicate, stating the terms thereof and the amount paid in advance,
and one (1) copy shall be given to the purchaser at the time the deposit
of money is paid to the solicitor.
A.
Any resident of the town who wishes to exclude peddlers,
solicitors or charitable solicitors from premises occupied by him
may place upon or near the usual entrance to such premises a printed
placard or sign bearing substantially the following notice: "Peddlers
and solicitors prohibited." Such placard shall be at least three and
three-fourths (3 3/4) inches long and three and three-fourths
(3 3/4) inches wide, and the printing thereon shall not be smaller
than forty-eight-point type.
B.
No peddler, solicitor or charitable solicitor shall
enter in or upon any premises or attempt to enter in or upon any premises
where such placard or sign is placed and maintained without the consent
of an occupant of said premises being previously given.
C.
No person other than the person occupying such premises
shall remove, injure or deface such placard or sign.
This Article shall be read and interpreted in conjunction with other laws. Compliance with other laws shall not fulfill the requirements of this Article. Any person or firm with a hawker's, peddler's and solicitor's permit from the Town of DeWitt shall nevertheless be required to comply with this Article, including § 140-11A and B herein.
It shall be the duty of the Town Clerk to keep
a record of all applications and of 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.
Any person who, himself or by his clerk or employee,
shall act as a hawker, peddler or solicitor, as herein defined, without
a license or 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 more than one hundred dollars ($100.), and each day on which
such violation continues shall constitute a separate offense.
[Adopted 5-24-1982]
This Article is enacted for the purpose of regulating
the conduct and business practices of transient merchants within the
Town of DeWitt, outside the Village of East Syracuse.
As used in this Article, 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, tent, lot,
truck, tractor-trailer or structure for the retail or discount sale
of goods, wares and merchandise, excepting food products, and from
which it 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 one (1) month or less, such fact
shall be presumptive that the business carried on therein is a transient
business.
The purpose of this Article is to assist the
government of the Town of DeWitt in the management of its business,
the preservation of good order and the peace, health, safety and welfare
of its inhabitants and the protection and security of their property.
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 five (5) business days before the first
date of business. The fee for a transient merchant's license shall
be at the rate of three hundred fifty dollars ($350.) for each thirty-day
period or portion thereof.
A.
An application for a transient merchant's license
shall provide the following information:
(1)
The 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 the state and the exact
relationship between the firm and the transient merchant. (If a corporation,
the shareholders, directors and officers of the 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 required.
(1)
Before such license is issued by the Town Clerk, the
applicant will be required to post a surety bond in an amount of five
thousand dollars ($5,000.) 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.
(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 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, he will deliver said merchandise in a
satisfactory condition within a period of three (3) 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
(3) 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 business
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 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 DeWitt Town Clerk.
A.
Nothing in this Article shall be held to apply to
any of the following:
(1)
Sales conducted pursuant to statute.
(2)
Sales conducted pursuant to order by 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 or daily newspapers.
(5)
Any honorable 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 cause deemed
to be in the public interest.
(7)
Any person selling personal property at a garage sale
held at his residence.
(8)
Any person selling Christmas trees.
B.
This Article shall not be construed so as to unlawfully
burden or interfere with interstate commerce.
The Zoning Ordinance of the Town of DeWitt[1] shall apply to all licenses granted under this Article.
The town reserves the right to revoke any license which violates the
Zoning Ordinance or this Article.
The owner, proprietor or manager of any hotel,
motel, rooming house or other place of public accommodation shall
report, within six (6) hours after renting, to the Town of DeWitt
Police Department 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.
[Amended 3-28-1988]
Any person violating the provisions of this
Article shall be guilty of an offense and, upon conviction thereof,
shall be fined not less than fifty dollars ($50.) nor more than one
hundred dollars ($100.) for each offense, and every day that a violation
of the Article shall continue shall constitute a separate and distinct
offense.
This Article shall not apply to any village
within the Town of DeWitt.
