For the purposes of this chapter, certain words used herein are defined
as follows:
CANVASSER
Any person who, by going from house to house thereof, predominantly
seeks contributions, seeks to raise funds, petitions, solicits memberships,
disseminates information or conducts activities which would not be characteristic
of a peddler or solicitor.
ESTABLISHED PLACE OF BUSINESS
A building, store or depository in which or where the person transacts
business and deals in goods, wares, merchandise or services in the ordinary
and regular course of business.
PEDDLER
Any person who, in any street or public place or by going from house
to house or from place to place or any combination thereof, on foot or from
any vehicle, sells, barters, offers for sale or barter or carries or displays
for sale or barter, any goods, wares, merchandise or services. For the purposes
of this chapter, the entity which engages a person as their agent for the
purposes of peddling is also considered a peddler within the meaning of this
section and is subject to the provisions of this chapter.
PERSON
Any individual, including veterans of the Armed Forces of the United
States, firm, copartnership, corporation, company, association or joint-stock
association, church, religious sect, religious denomination, society, organization
of league and includes any trustee, receiver, assignee, agent or other representative
thereof.
SOLICITOR
Any person, either principal or agent, traveling either by foot or
by any conveyance from place to place, from house to house or from street
to street or any combination thereof, who takes or offers to take orders for
the sale of any goods, wares or merchandise, for present or future delivery
or for the performance of future services, whether or not he or she collects
advance payments for such sale or service. For the purposes of this chapter,
the entity which engages a person or his or her agent for the purpose of soliciting,
is also considered a solicitor within the meaning of this section and is subject
to the provisions of this chapter.
STATE HIGHWAYS
Highways within the Town of Cortlandt classified as state highways
pursuant to Highway Law § 3(1) and/or designated as such on the
official highway-map of the New York State Department of Transportation showing
the location of State highways.
It shall be unlawful for any person to engage in the business of peddling or soliciting, as defined in §
215-2 of this chapter, without having first obtained and having in force and effect a license therefor as herein provided.
Nothing contained in this chapter shall be deemed to apply to any of
the following:
A. A sale conducted pursuant to an order of any court.
B. A wholesaler selling articles to dealers or merchants
who have an established place of business in town.
C. Any candidate running for a governmental office, or his
or her representatives.
D. A child 18 years or age or under who resides within the
Town of Cortlandt and who solicits or peddles on behalf of a charitable, religious,
athletic, social, educational or civic organization, including but not limited
to the Boy Scouts, Girl Scouts, Cub Scouts or Brownie Scouts or clubs, classes
or organizations sponsored by a public or private school.
E. The peddling of meats, fish, fruit and farm produce by
farmers and persons who produce such commodities on their own land, provided
that they have otherwise complied with all applicable licensing, health and
safety requirements of any other governmental body or agency, as well as the
Zoning Code of the town, and the sale takes place from a stationary location
upon property owned or leased by the seller or such goods.
F. A not-for-profit-organization's sale of food ancillary
to a fundraising event, such as a picnic or carnival, that lasts no longer
than five consecutive days. This exemption shall not apply to any door-to-door
peddling or soliciting.
The fee for a license as required hereunder shall be as scheduled below
and shall be prorated:
A. Food vendor: $150 per calendar year or $100 per six-month
seasonal summer period (May 1 to October 31).
B. Itinerant vendor and solicitor: $50 per calendar year.
C. Daily permits for itinerant vendors and solicitors: $25
per day.
D. Provided that such person has completed the application
for a license and has net all other requirements as set forth in this chapter
for the issuance of a license, there shall be no fee for such license for
an honorably discharged member of the Armed Forces of the United States who
is the holder of a license issued pursuant to § 32 of the General
Business Law of the State of New York.
Licenses are nonrenewable. Each person shall file with the Director of Code Enforcement a complete application as set forth in §
215-5 on a yearly basis.
Licenses issued under the provisions of this chapter may be revoked by the Director of Code Enforcement for cause after written notice, including but not limited to the same reasons for denying an application listed above in §
215-5D. No refund of an unearned portion of the license fee shall be made.
Any person aggrieved by the action of the Director of Code Enforcement
in the denial or revocation of a license as provided herein may appeal to
the Town Board. Such appeal shall be taken by filing with the Board, within
14 days after the notice of the action complained of has been mailed, a written
statement which sets forth the grounds for appeal. The Town Board shall set
a time and place for a hearing on such appeal, and notice of such hearing
shall be published in the local newspaper not more than 20 days nor fewer
than 10 days prior to such hearing. Such notice shall also be served, personally
or by certified mail, to the applicant, licensee or registrant at the address
provided on his or her application at least five days prior to the date set
for the hearing. The decision of the Town Board on such appeal shall be final
and conclusive.
The Department of Code Administration and Enforcement shall keep a record
of all applications, licenses, registrations and revocations hereunder.
This chapter of the Town Code shall take effect in accordance with law
10 days after date of publication.