[HISTORY: Adopted by the Town Board of the Town of Greenburgh 11-14-1990
by L.L. No. 4-1990. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddlers, Solicitors
and Canvassers Law, Local Law No. 4-1990, of the Town of Greenburgh." It is
meant as an expression of the police power of the Town and has been enacted
to protect the community, not as a taxation or revenue-raising measure.
For the purposes of this chapter, certain words used herein are defined
as follows:
Any person, either principal or agent, who represents a nonprofit
organization, in any street or public place or by going from house to house
or place of business to place of business or any combination thereof, predominantly
seeks contributions, fund-raises, petitions, solicits membership, disseminates
information or conducts activities which would not be characteristic of a
peddler or solicitor.
A permanent building, store or depository in which or where the person
transacts business and deals in goods, wares, merchandise or services in the
ordinary and regular course of business.
Any person who, in any street or public place or by going from house
to house or from place of business to place of business, or any combination
thereof, on foot or from any vehicle, sells or barters or offers for sale
or barter or carries or displays for sale or barter any goods, wares, merchandise
or services. For the purposes of this chapter, the entity which engages a
person as its agent for the purposes of peddling or soliciting is also considered
a "peddler" within the meaning of this section and is subject to all provisions
herein.
Includes any individual, firm, partnership, corporation, unincorporated
association and any principal or agent thereof.
Any person, either principal or agent, traveling either by foot or
by any conveyance from place to place, from house to house, from street to
street or from place of business to place of business, or any combination
thereof, who takes or offers to take orders for the sale of any goods, wares
or merchandise, including books or periodicals, for future delivery, or for
the performance of future services, whether or not he collects advance payments
for such sale or service.
It shall be unlawful for any person to engage in the business of peddler or solicitor as defined in § 390-2 of this chapter without having first obtained and having in force and effect a license therefor as herein provided.
Nothing contained in this chapter shall be deemed to apply to any of
the following:
A.
A sale conducted pursuant to an order of any court.
B.
A wholesaler selling articles to dealers or merchants
who have an established place of business in the Town.
C.
Provided that such person has completed the application
for a license and has met all other requirements as set forth in this chapter,
there shall be no fee for such license for an honorably discharged member
of the Armed Forces of the United States who is the holder of a license issued
pursuant to § 32 of the General Business Law of the State of New
York.
D.
The peddling of meats, fish, fruit and farm produce by
farmers and persons who produce such commodities on their own land, provided
that they have otherwise complied with any licensing and health and safety
requirements of any other competent governmental body or agency and the sale
takes place from a stationary location upon property owned or leased by the
seller of such goods.
E.
Any person selling goods, wares, merchandise or services
regularly to those who are his established customers, patrons or purchasers.
F.
Any candidate running for office or his representatives.
A.
Any person desiring a license as herein provided shall
file with the Town Clerk a written application, duly verified by the applicant
upon forms prescribed by the Town Clerk. Such application shall include but
not be limited to the following information:
(1)
The name, address, date of birth, social security number
and motorist identification number of such person and the name of the corporation,
firm, association, club, partnership or any other organization represented
by such person.
(2)
A description of the type of goods, wares or merchandise
which the applicant wishes to sell or solicit orders for or the type of service
the applicant wishes to sell or solicit orders for.
(3)
A description of the vehicle which the applicant wishes
to use in carrying out his business or occupation.
(4)
Owner of vehicle and registration details.
(5)
County Health Department permit number, if a food vendor.
(6)
If peddling or soliciting for a corporation, the state
in which it is incorporated and the names, addresses, dates of birth and social
security numbers of all officers.
(7)
Whether the applicant has ever been convicted of a crime
and, if so, under what name, with a listing of such conviction, including
crime jurisdiction, date and sentence imposed.
(8)
A list of streets, roads or neighborhoods where the licensee
shall conduct business.
B.
Such application shall be accompanied by three photographs
of the applicant, two inches by two inches in size, taken within 30 days prior
to the date of filing of the application, full face on a white background.
C.
Each applicant shall submit two sets of fingerprints
to the Chief of Police or his designated representative in conformity with
the Fingerprints Law of the Town,[1] along with any fees required by that chapter. In addition, a certified
check or money order, in the amount specified by and made payable to the New
York State Division of Criminal Justice Services to cover the cost of processing
fingerprints, shall accompany the application.
D.
The amount of the license fee shall be as established
by the Town Clerk, subject to the approval of the Town Board by resolution,
except that there shall be no fee for veterans of the Armed Forces of the
United States pursuant to General Business Law § 32.
A.
The Town Clerk and the Police Department shall investigate
all applications.
B.
After completing the investigation pursuant to Subsection A above, the Chief of Police or his designated representative shall forward to the Town Clerk his recommendation as to either granting or denying the application. No license shall be issued under the provisions of this chapter until the Chief of Police or his designated representative has indicated, in writing, his recommendation thereof.
C.
The Town Clerk may deny any application for cause, after
written notice, for the reasons following, including but not limited to:
(1)
Fraud, misrepresentation or false statement in the application
for the license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying out the applicant's trade, business or occupation.
(3)
Any violation of this chapter.
(4)
Conviction of a felony or a misdemeanor which, in the
judgment of the Town Clerk or Chief of Police, renders the applicant unfit
or undesirable, except by a majority vote of the Town Board.
(5)
Carrying out of the licensed business, trade or occupation
in an unlawful manner or in such a way as to breach the peace or to constitute
a menace to the health, welfare or safety of the public.
D.
The license shall automatically expire on December 31
of the year of its issuance. The dates of the issuance and expiration of the
license, as well as the nature of the business, shall be set forth on the
face thereof.
E.
The license shall be carried on the person of the licensee
at all times while engaging in peddling or soliciting and shall be exhibited
by the licensee to any person on demand. A picture of the licensee shall appear
on the valid license with the Town Seal imprinted on the same.
F.
The license shall not be transferable or assignable.
In the event that a licensee shall permit any other person to possess or use
such license, such license shall automatically be revoked, and the licensee
shall thereby be guilty of violating this chapter, and no application for
a further license may be made for a period of one year from the date of revocation.
G.
Any applicant who has had a license denied or revoked
by the Town Clerk may appeal to the Town Board, in writing, within 30 days
of the receipt of the denial or revocation. The Town Board will thereafter
hold a public hearing within 45 days of receipt of the demand for such hearing
to review the determination of the Town Clerk.
A.
It shall be unlawful for any person to engage in the business of canvasser, as defined in § 390-2 of this chapter, without having first registered with the Town Clerk upon forms prescribed by the Town Clerk. Such registration shall include, but not be limited to, the following information:
(1)
The name and address of such organization, firm, association,
club, corporation or partnership.
(2)
The name, address, date of birth and social security
number of such person(s) who will represent the organization.
(3)
The current tax status (i.e., whether tax exempt, not-for-profit,
etc.).
(4)
Proof of registration with the Department of State Office
of Charities Registration and/or the Attorney General Charities Bureau.
(5)
Sample literature.
(6)
The date and state of incorporation, along with a copy
of the Articles of Incorporation.
(7)
The dates and times canvassing is to take place.
B.
The canvassing organization will provide each canvasser
with an identification card which will include the canvasser's name and photograph,
along with the name of the organization.
C.
Each organization shall renew its registration on a yearly
basis by providing the Town Clerk with a current list of the names, addresses,
dates of birth and social security numbers of its canvassers, as well as the
times and dates it intends to canvass.
D.
There shall be no fee for a canvasser registration.
A.
Licensed peddlers and solicitors or registered canvassers
shall not:
(1)
Enter upon private or public property for the purpose
of soliciting, peddling or canvassing before the hour of 10:00 a.m. or after
the hour of 8:00 p.m., except:
(2)
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting their business
or offer for sale any provision, food or merchandise that is unwholesome,
unfit or is otherwise harmful to the user or consumer thereof.
(4)
Peddle, solicit or canvass on private or public property
which has displayed a sign bearing the words "No Peddling, Soliciting or Canvassing"
or words of like intent, nor shall any peddler, solicitor or canvasser remain
on the premises after the owner or occupant thereof shall have requested his
departure therefrom.
(5)
Create, erect or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street, public place
or private property for the selling or exposing for sale any goods, wares
or merchandise.
(6)
Have any exclusive right to any location in the public
streets, nor shall any be permitted a stationary location, nor shall any be
permitted to operate in a congested area where such operation might impede
or inconvenience the public. For the purpose of this chapter, the judgment
of any police officer exercised in good faith shall be deemed conclusive as
to whether the area is congested or the public impeded or inconvenienced.
(8)
Peddle, solicit, canvass or otherwise offer for sale,
any goods, wares, merchandise or services within 250 feet of any school property
between the hours of 7:00 a.m. and 3:00 p.m. on school days.
B.
Such license or registration shall include the right
to use only one vehicle or conveyance in carrying out the business for which
the person is licensed or registered.
C.
Such license or registration shall not be construed so
as to supersede any applicable ordinances.
D.
All orders taken by a licensed solicitor or peddler for
which he or she demands, accepts or receives payment of 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 of money is paid to the solicitor or peddler.
Such orders can be taken only in compliance with applicable state law, federal
law and Federal Trade Commission rulings, and nothing herein shall be taken
to waive such restrictions.
A.
Any person desiring a permit to conduct a seasonal sale (i.e., Christmas trees, pumpkins, etc.) shall submit an application, duly verified by the applicant, upon forms prescribed by the Town Clerk as set forth above in § 390-5A. Additionally, the applicant shall submit a proposed location for the proposed sale.
B.
Seasonal sales shall be permitted only in CB, IB and
DS Zones, as those zones are defined by the Town Zoning Ordinance.[1] Such sale sites are subject to the approval of the Chief of Police
and the Fire Marshal or their designated representatives, who shall consider,
among other things, the traffic, building and firesafety for the proposed
site.
C.
The application must be filed no less than two weeks
before the proposed sale is scheduled to begin.
E.
The permit shall expire automatically one month after
the date of its issuance. The permit shall be nonrenewable.
F.
The amount of the permit fee shall be $250. Additionally,
the applicant shall file with the Town Clerk a cleanup bond in the amount
of $500, subject to the approval of the Town Attorney. Cleanup of the site
must be completed within one week of the conclusion of the sale. Said bond
shall be released after an inspection of the site reveals that the site has
been left in a clean and neat condition.
G.
This section shall not apply to a retail establishment
conducting a sale at its established place of business in the ordinary course
of business.
Licenses issued under the provisions of this chapter may be revoked by the Town Clerk of the Town of Greenburgh for cause after written notice, including but not limited to the same reasons for denying an application listed above in § 390-6C. Upon revocation, the person may appeal the revocation to the Town Board as provided above in § 390-6G.
The Town Clerk shall keep an accurate record of all licenses issued
under this chapter.
A.
A person who violates any licensing or registration provision
of this chapter shall be guilty of a misdemeanor, punishable by a fine of
not more than $500 and/or imprisonment for not more than three months, except
that after the first violation, the person shall be guilty of a misdemeanor
punishable by a fine not to exceed $1,000 and/or imprisonment for a period
of time not to exceed one year.
B.
A person who violates any provision of this chapter other than those set forth above in § 390-13A shall be guilty of a violation punishable by a fine not to exceed $250 and/or imprisonment for not more than 30 days, except that after the first violation, the person shall be guilty of a misdemeanor punishable by a fine not to exceed $500 and/or imprisonment for not more than three months.
C.
Each day on which any violation continues shall constitute
a separate offense.
