[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:
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.
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.
A.
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.
B.
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.[1]
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
F.
No license shall be granted to a person under 18 years
of age.
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 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.
The license fee to hawkers, peddlers or solicitors shall be as set by
resolution of the Town Board.[2]
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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.
