[HISTORY: Adopted by the Town Board of the Town of Rotterdam 4-3-1985 by L.L. No. 6-1985. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER AND PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, 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, except as hereinafter exempted.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind.
- PLACE OF BUSINESS
- A building, store, shopping center or mall in which persons transact business or deal in goods, wares, merchandise and services.
- Includes, except as hereinafter expressly provided, 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, merchandise, publications or services, except as hereinafter exempted, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery or for work to be done at the premises of the offeree.
- SOLICITOR OF FUNDS
- Includes, except as hereinafter provided, any person who goes from place to place or house to house or who stands in any street or public place asking, collecting or accepting pledges for money, funds, contributions or merchandise in lieu of money, funds or pledges for any purpose whatever.
The persons described in this section shall be exempted from the requirements of obtaining a license as required by this chapter. However, every such person shall comply with all other provisions of this chapter, excluding the obtaining of a photo-identification card. The following shall be exempt:
Persons conducting sales pursuant to statute or by order of the court.
Any person selling personal property at wholesale to dealers in such articles.
Any honorably discharged member of the Armed Forces of the United States who has procured a license as provided in the General Business Law of the State of New York.
Persons soliciting, hawking, peddling or collecting anything for a not-for-profit organization or group located within the Town of Rotterdam organized for and devoted to the promotion and sponsorship of activities and events for charitable purposes or for the benefit of youth within the Town or for veterans of the Armed Forces of the United States or for the benefit of volunteer firemen. Also exempted are persons soliciting, hawking, peddling or collecting in connection with an activity sponsored by a school situate within the Town.
Vendors of first class newspapers.
[Added 6-13-1990 by L.L. No. 12-1990]
All persons who are entitled to any exemption, or conducting activities which are exempt under § 150-2D, shall make application for an exemption certificate prior to engaging in any hawking, peddling or soliciting, except that persons conducting school-sponsored activities other than for the solicitation of money alone shall not be required to procure an exemption certificate.
The application for an exemption certificate shall be made to the Town Clerk on a form prescribed by the Town Clerk and shall contain the following information:
The name of the organization.
The reason for claiming and documentary proof substantiating entitlement thereto.
The names and addresses of each individual to be engaged in soliciting, hawking or peddling.
The area of the Town in which the soliciting, hawking or peddling will be carried on.
The dates on which such activities will be carried on.
Any further information required by the Town Clerk as proof of the applicant's entitlement to an exemption.
If the Town Clerk determines that the applicant is entitled to an exemption, the Town Clerk shall issue an exemption certificate on a form prescribed by the Town Clerk, which certificate shall expire on the date specified therein.
A person representing an out-of-town organization of the type enumerated in § 150-2D and intending to peddle, hawk or solicit within the Town shall be entitled to an exemption certificate upon submission of an application containing the information prescribed by § 150-4, except that such applicant must obtain a photo-identification card prescribed in §§ 150-8 and 150-9 and pay a fee therefor.
It shall be unlawful for any person within the territorial limits of the Town of Rotterdam to act as a hawker, peddler or solicitor or to solicit funds, as herein defined, without first having obtained and paid for and having in force and effect a license therefor or an exemption certificate issued by the Rotterdam Town Clerk.
Every applicant for a license is required to submit to the Town Clerk a written application supplying under oath the following information:
Whether he has ever been convicted of a crime and, if so, the offense and date of conviction.
The particular business, trade, occupation or purpose for which the license is required or requested, stating such in detail.
The manner or means of conveyance, if any, in which said business or trade, solicitation or collection shall be conducted.
The manner of engaging in the hawking, peddling or soliciting (door-to-door, street corner, vehicle, etc.).
The name, date of birth and residence of the applicant; if he has a driver's license, the state of issuance; and if a corporation is the applicant, the principal place of business and the name and address of the officer of the corporation upon whom process or other legal notice may be served. The applicant must produce whatever proof of identification as may be reasonably required by the Town Clerk.
Such other information as may be required by the Town Clerk.
Each person to be employed as a solicitor, hawker or peddler or solicitor of funds shall apply individually for a separate license, except persons who are exempt as provided by §§ 150-2 through 150-6. Further, in order for Rotterdam citizens to be able to readily identify all licensed hawkers, peddlers or solicitors, each individual applicant must procure and receive a photo-identification card from the Rotterdam Town Clerk, and said photo-identification card must be conspicuously displayed on the person of the hawker, peddler or solicitor's outer clothing. Upon request of any person or police officer, each hawker, peddler or solicitor shall produce and make available his photo-identification card for closer inspection.
The application for a license obtained from the Town Clerk shall be completed by the applicant and submitted to the Town Clerk. If the application is complete and if the applicant is not disqualified by reason of the information contained therein, the Town Clerk shall make up a photo-identification card. The license and the photo-identification card shall be issued to the applicant upon payment of the license fees prescribed by §§ 150-15 and 150-16.
The Town Clerk shall not issue a license if the applicant has been convicted of a felony within the past three years or a misdemeanor within the past year or if any information provided in the application is false. No person shall knowingly provide false information in an application for a license or exemption certificate.
The application and a copy of the license shall be filed in the Town Clerk's office. A copy of the application and a copy of the license shall be transmitted to the Rotterdam Police Department for filing.
A license shall not be assignable. Any unauthorized use of a license by any person and the defacing or altering of a photo-identification card is prohibited.
The Town Clerk may hold any application for license or exemption pending investigation of facts presented. Such pending applications must be approved or rejected within five working days following the date of filing with the Town Clerk. The Town Clerk may demand of any applicant for license or exemption any reasonable verification or proof of facts to substantiate application. Failure of applicant to provide such required proofs shall be grounds to deny license or exemption.
[Amended 1-25-1989 by L.L. No. 1-1989; 5-12-1993 by L.L. No. 7-1993]
Parade license. A parade license shall only be used for one day for use during the day that the parade is officially scheduled and only on the parade route and shall further expire at 12:00 midnight on the date the said parade is officially scheduled. The fee for the issuance of the original parade license and photo-identification card shall be as set forth in Chapter 126, Fees.
[Amended 1-25-1989 by L.L. No. 1-1989]
The license may be renewed for thirty-day periods for 12 months from the date of the original license upon payment for each renewal application of a fee as set forth in Ch. 126, Fees. The renewal application shall be on a form prescribed by the Town Clerk.
The Town Board of the Town of Rotterdam, upon complaint of violation of this chapter or other ordinance or any law, after investigation of the complaint by the Rotterdam Police Department, if appropriate, and a hearing upon five days' prior notice to the licensee or exempt person, may revoke any license or exemption certificate.
Upon the refusal of the Town Clerk to issue a license or exemption certificate to the applicant or upon the determination of the Town Board that a license or exemption certificate should be revoked, the procedure prescribed in § 137 of the Town Law of the State of New York shall be complied with.
A hawker, peddler or solicitor or solicitor of funds shall:
Not falsely or fraudulently misrepresent the quality or quantity of any article or articles offered for sale nor offer for sale unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicle or 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 for more than 10 minutes nor in front of any premises or business establishment if the owner, occupant or lessee objects.
Not blow a horn, ring a bell or use any other noise or device to attract public attention to his wares nor shout or cry out his wares.
Not permit any vehicle used by him to stop for any length of time so as to block or endanger vehicular or pedestrian traffic or to block a crosswalk.
Not create or maintain a booth nor stand or place barrels, boxes or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
Not hawk, peddle or solicit prior to 8:00 a.m. nor subsequent to 8:00 p.m. Monday through Friday nor prior to 9:00 a.m. nor subsequent to 5:00 p.m. on Saturday and Sunday. Home solicitations shall be only by appointment, with consent of an adult occupant to do so.
Not enter any dwelling or residence without first obtaining the consent of an adult occupant to do so.
Not stand, hawk, peddle or solicit or solicit funds on or near the premises of any business establishment, shopping center or mall without the written consent of the owner or individual, agency or organization responsible for the management and/or operation of the same.
Not sell, offer for sale or dispense any food, confectionary or ice cream directly from a vehicle while said vehicle is on a public street.
Not hawk, peddle, solicit, distribute samples, pamphlets, newspapers or any other materials while standing in or on any public roadway or right-of-way or in such proximity to such roadway or right-of-way as to hamper, distract or delay traffic or create a traffic hazard.
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 of final delivery. One copy of the order so written shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
For all sales, whether partial or final, for wares, etc., immediately delivered or promised for future delivery and containing a warranty or guaranty, such warranty and/or guaranty should be in writing and expressly spelled out.
It shall be the duty of the Town Clerk to keep a record of all applications and of each license or exemption certificate granted under the provisions of this chapter, giving the number and date of each license or exemption certificate, the name and residence of the person licensed or exempted, the amount of the license fee paid and also the date or expiration or revocation of each license or exemption certificate. Copies of all records shall be supplied to the Rotterdam Police Department for its files and for whatever action is deemed necessary to protect the public.
Any person who shall act as a hawker, peddler or solicitor or solicitor of funds, as defined herein, without a license or exemption certificate or who shall violate any provisions of this chapter or who, upon having had his license or exemption certificate revoked, shall continue to act as a hawker, peddler or solicitor or solicitor of funds shall, upon conviction, be punished by a fine of not less than $25 nor more than $250, and each day on which such violation continues shall constitute a separate offense.