[HISTORY: Adopted by the Town Board of the Town of Pawling 5-1-1973 as Ch. 37 of the 1973 Code. Other amendments noted where applicable.]
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.
- 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.
- 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.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the town or their employees soliciting orders from customers and delivering the same; to farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens; to any honorably discharged soldier, sailor or marine who has procured a license as provided by the General Business Law of the State of New York; to berry pickers who sell berries of their own picking; or to the Town of Pawling local religious, educational or charitable organizations. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
This section shall not be interpreted as to exempt such persons, except properly identified members of a local nonprofit religious, educational or charitable organization, from registering themselves with the Town Clerk and observing such regulations as to the operations of their business as may be set forth in this chapter.
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.
Upon the filing of the application as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided for in § 147-3, signed by the Town Clerk. 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.
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 chapter.
Whenever a license badge or vehicle plate shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application, may be issued by the Town Clerk 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.
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.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
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.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
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.
The Town Clerk may supply badges or vehicle plates to licensed hawkers, peddlers or solicitors when, in his determination, they shall be necessary. Such badges and plates 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 vehicle plate shall be displayed by every licensee operating a vehicle, on one 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 the 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 plates are hereby made a condition of every license to which such badge or plates apply, and failure by 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.
A charge as set by resolution of the Town Board shall be made by the Town Clerk for each badge and also for each vehicle plate, which sum shall be refunded when the badge or plate, as the case may be, is returned by the licensee.
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:
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.
Not wear the badge provided by the town or use the vehicle plates after the expiration or revocation of the license represented by them.
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.
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.
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.
Not permit any vehicle used by him to stop or remain on any crosswalk.
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.