No person shall engage in the business of hawker, peddler, solicitor
or canvasser within the town without first obtaining a license therefor.
As used in this chapter, the following terms shall have the meanings
indicated:
HAWKER
Any person establishing a temporary location (not located within
a permanent building on an established taxable plot within the town) for the
purpose of offering for sale goods, wares, merchandise, including books and/or
periodicals, or service to be performed.
PEDDLER
Any person traveling by foot, vehicle or other conveyance from street
to street, from house to house, or from place to place, carrying or transporting
goods, wares, merchandise and offering the same for sale, except one engaged
in the distribution of farm products.
SOLICITOR OR CANVASSER
Any person traveling by foot, vehicle or other conveyance from street
to street, from house to house, or from place to place, soliciting and taking
orders for the sale of goods, wares, merchandise, including books and periodicals
for future delivery or for service to be performed, whether payment in advance
for such sale or services is solicited.
No license fee hereunder shall be so applied as to cause an undue burden
upon interstate commerce. If any applicant or licensee shall claim that the
fees required or paid place an undue burden upon interstate commerce, he or
she may apply to the Town Board for an adjustment of the fee so that the same
will not be discriminatory, unreasonable or unfair to such commerce. The Town
Board shall conduct an investigation of any such claim and shall make findings
of fact and shall fix for the applicant or licensee as a license fee an amount
that is fair, reasonable and nondiscriminatory or order a refund of any amount
over the fee so fixed. The fee may be fixed upon a percentage of gross sales
or other calculations which will assure that the fee assessed will be uniform
with that assessed on businesses of like nature, but not in excess of the
license fee specified above. For this purpose the applicant may be required
to furnish sworn statements as to gross sales.
Any applicant holding a license issued by the Ulster County Clerk, pursuant
to § 32 of the General Business Law, shall be entitled to obtain
a license without payment of any fee therefor, but no such person shall engage
in any of the occupations specified in this chapter without first having been
issued license by the Town Clerk.
The Town Clerk shall issue the licenses required by this chapter upon
filing of application therefor and payment of the prescribed fee and furnishing
of bond, if required, but no license shall be issued to person not of good
moral character or who has previously been convicted of a crime.