For the purpose of this chapter, the terms used herein are defined as
follows:
ESTABLISHED PLACE OF BUSINESS
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
for during regular business hours.
HAWKER AND PEDDLER
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any car on a railroad track 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 standing
in a street, sells or barters, offers for sale or barter or carries or exposes
for sale or barter any goods, wares or merchandise, including magazines, books,
newspapers and other periodicals.
PERSON
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 sued.
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 or for services to be performed in the future
or for making, manufacturing or repairing any article or thing whatsoever
for future delivery.
It shall be unlawful for any person, within the limits of the Town of
Pawling, 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.
Any person desiring to procure a license as herein provided shall file
with the Town Clerk a written application upon a blank form prepared by the
Town Clerk and furnished by the town, and shall file at the same time satisfactory
proof of good character. Such application shall give the number and kind of
vehicles to be used by the applicant in carrying on the business for which
the license is desired; the kinds 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.
The license fee to hawkers, peddlers or solicitors shall be as set by
resolution of the Town Board.
Any licensee using a motor vehicle may employ two persons, and no more,
to assist in selling and delivering the wares, but such persons shall so act
only while accompanying a licensed peddler, hawker or solicitor.
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 size 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 Town Clerk may at any time, for a violation of this chapter or any
other ordinance or 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, and a copy of such notice
shall be filed with the Town Clerk.
A licensed hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale, or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B. Not wear the badge provided by the town or use the vehicle
plates after the expiration or revocation of the license represented by them.
C. Keep the vehicles 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 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 of or lessee of the ground
floor thereof objects.
E. 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.
F. Not permit any vehicle used by him to stop or remain
on any crosswalk.
G. 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 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 of money
is paid to the solicitor.
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 chapter, 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 committing an offense against any provision of this chapter
shall be guilty of a violation punishable by imprisonment for a term not exceeding
15 days or by a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.