[Adopted 8-20-1958, amending ordinance of 11-20-1940]
No person, firm or corporation, without first
having obtained a license therefor as provided herein, shall peddle
goods, wares or merchandise on any public street, avenue, sidewalk,
lane or alley or in any public place in the Town of Union, outside
the corporate limits of any village, or sell or offer for sale any
goods, wares or merchandise in, upon or from any booth or stand in
any public street, avenue, sidewalk, lane or alley or in any public
place in such Town outside the corporate limits of any village; provided,
however, that the vendors of newspapers, milk, bakery goods, cheese,
eggs, cream and poultry and farmers and growers of farm and garden
produce and regularly established retailers in said Town and their
duly appointed agents, servants and employees shall not be required
to apply for and obtain a license or to pay a fee.
[Added 9-3-1969]
As used in this article, the following terms
shall have the meanings indicated:
Any individual, whether a resident of the Town or not, traveling
either by foot, wagon, motor vehicle or any other type of conveyance
from place to place, from house to house or from street to street
taking or attempting to take orders for the sale of goods, wares or
merchandise, personal property of any nature whatsoever for future
delivery or for services to be furnished or performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the subject of such sale or whether he is collecting advance
payments on such sales or not or hires, leases, uses or occupies any
building, structure, tent, railroad car, boat, hotel room, lodging
room, apartment house, shop or any other place within the Town for
the sole purpose of exhibiting samples and taking orders for future
delivery.
Includes any person, whether a resident of the Town or not,
traveling by foot, wagon, motor vehicle or any other type of conveyance
from place to place, from house to house or from street to street
carrying, conveying or transporting goods, wares or merchandise, offering
and exposing the same for sale or making sales and delivering articles
to purchasers or who, without traveling from place to place, shall
sell or offer the same for sale from a wagon, automotive vehicle,
railroad car or other vehicle or conveyance, and further provided
that one who solicits orders and as a separate transaction makes deliveries
to purchasers as a part of a scheme or design to evade the provisions
of this article shall be deemed a peddler subject to the provisions
of this article.
Includes the singular and the plural, and shall also include
any person, firm or corporation, association, club, partnership or
society or any other organization.[1]
Includes peddlers, solicitors and canvassers.
[Amended 1-16-2002 by L.L. No. 1-2002]
An applicant for such license shall execute
a written application therefor on a form to be provided by the Town
Clerk and shall furnish all information required in said form.
[Amended 4-6-1960; 5-3-1995 by L.L. No. 6-1995; 12-2-2015 by L.L. No. 3-2015]
The Town Clerk shall refer all applicants to
the Building Official of said Town to furnish such other information
as shall be required for the purpose of identification, and the Building
Official shall conduct such investigation as he shall deem necessary
and make a report of his investigation to the Town Clerk. If the Town
Clerk shall approve such application, he shall issue the license herein
provided for, for a term of 60 days. Such license shall be in such
form as the Town Clerk shall prescribe and it shall be signed by him.
The form shall include the name and address of the applicant, the
name and address of the person, firm or corporation, if any, for or
through whom or which, or under whose auspices, the applicant is authorized
to vend or, if none, a statement to such effect, a brief description
of the type or types of goods, wares and merchandise to be vended
and the expiration date of the license.
Any disabled veteran of any division of the United States Armed Forces, although he must qualify for a license pursuant to the terms of this article, if he does so qualify shall receive a license without fee. No license shall be issued, however, to any applicant who shall have been convicted of any crime or the violation of any municipal ordinance or to any person whose vendor's license has been revoked unless the Supervisor shall find upon good cause that the issuance thereof would not be contrary to the best interests of the Town. The license herein provided for may be renewed at its expiration upon the execution of a new application, which shall be in the same form as provided for in § 151-3 here of and upon compliance with the provisions of this article.
All licenses shall be nontransferable.
The vendor shall have such license in his possession
at all times and shall exhibit the same at any time upon demand by
any police officer, Town official, Town employee or the person approached
by any vendor.
[Amended 12-2-2015 by L.L. No. 3-2015]
A vendor shall not conduct activities in such
manner as will interfere with the pedestrian or vehicular use of the
public streets and places; nor shall he directly or indirectly cause
or permit the public streets and places to be littered with papers,
wrappings or other debris or refuse; nor shall he enter in or upon
any house or building or on any land or property where there is posted
on the front of the building or premises a written notice stating
that vendors are not desired, unless the vendor has received the prior
consent of the occupant thereof, and he shall make no false statements
or representations in the course of his activities and shall conduct
himself at all times in an orderly and lawful manner; nor shall he
use or blow upon or ring or sound any instrument or thing or shout
or cry out for the purpose of attracting attention to his wares or
giving notice of his approach; nor shall he 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; nor shall he conduct licensed activities
outside the hours of 8:00 a.m. and 6:00 p.m. daily from November 1
through April of the following year or between the hours of 8:00 a.m.
and 8:00 p.m. daily between April 2 and October 31 in any year.
Any vendor carrying, keeping or using scales,
measures or other appliances for weighing or measuring shall first
have the same inspected by the County Sealer of Weights and Measures,
and if the latter shall find such appliances correct and true, he
shall issue his certificate to that effect, and such certificate shall
be affixed thereto in a conspicuous place. A vendor shall not carry,
keep for use or use any such appliances which shall not be correct
and true and do not record and give the weight and quantity claimed
by said vendor.
A licensed vendor, hawker, peddler or solicitor
shall keep the vehicles and receptacles used by him in a clean and
sanitary conditions and the foodstuffs and edibles offered for sale
well covered and protected from dirt, dust and insects.
Any person, firm or corporation applying to
the Town Clerk for such license shall, at the time of making application
therefor, pay a fee as set from time to time by resolution of the
Town Board.
[Amended 1-16-2002 by L.L. No. 1-2002]
A violation of the foregoing article shall be
punishable by a fine of not to exceed $250 or imprisonment for not
to exceed 15 days, or both, for each offense.
