[Adopted 11-15-2011 by Ord. No. 2011-9[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. III, Soliciting and Canvassing, adopted 11-16-1954.
It shall be unlawful for any solicitor or canvasser, as defined in § 171-35 of this article, to engage in such business within the corporate limits of the City of Amsterdam without first obtaining a permit and license therefor in compliance with the provisions of this article.
A.
Except as noted in Subsection C of this section, it shall be unlawful for any person(s), whether a resident of the City of Amsterdam or not, to sell or offer to sell any commodity by means of door-to-door canvassing or solicitation of residential or business property without first obtaining a permit in compliance with Chapter 171, Article II, of the Code of the City of Amsterdam.
B.
"Person"
shall include singular and the plural and shall also mean and include
any individual, society, club, firm, partnership, corporation or association
of person.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, whether a resident of the City of Amsterdam
or not, traveling either by foot, wagon, automobile, motor truck or
any other type of conveyance, from place to place, from house to house
or from street to street, taking or attempting to take orders for
sale of goods, wares and merchandise, electric or gas utility contracts,
personal property of any nature whatsoever for future delivery or
for services to be furnished or performed in the future, whether or
not such individual has, carries or exposes for sale a sample of the
subject of such sale or whether he is collecting advance payments
on such sales or not, provided that such definition shall include
any person who, for himself or for another person, firm or corporation,
hires, leases, uses or occupies any building, structure, tent, railroad
boxcar, boat, hotel room, lodging house, apartment, shop or any other
place within the City for the sole purpose of exhibiting samples and
taking orders for future delivery.
The City Clerk of the City of Amsterdam.
An item bought and sold, something that people find useful
or of value.
A license issued pursuant to this chapter.
Any person holding a license.
A.
Applicants for permit and license under this article must file with
the City Clerk a sworn written and signed application (in duplicate),
on a form to be furnished by the City Clerk, which shall give the
following information:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address of the applicant.
(3)
A brief description of the nature of the business and goods to be
sold.
(4)
If employed, the address and name of the employer, together with
credentials establishing the exact relationship.
(5)
The place where the commodity is proposed to be solicited and the
proposed method of delivery.
(6)
The names of at least three reliable property owners of the City of Amsterdam, New York, who will certify as to the applicant's good character and business responsibility or, in lieu of three of references, compliance with Subsection B of this section. Subsection B may be required by the City Clerk in certain circumstances along with three references.
(7)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
(8)
A statement by a reputable physician of the City of Amsterdam dated
not more than 10 days prior to submission of the application, certifying
the applicant to be free of contagious, infectious or communicable
disease.
B.
Applicants must provide proof from the City of Amsterdam Police Department
that the applicant has had photograph and fingerprinting done in the
Amsterdam Police Department at least 10 days prior to application.
The photograph of the applicant taken shall be two inches by two inches
showing the head and shoulders of the applicant in a clear and distinguishing
manner, and such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
C.
At the time of filing of the application, a fee of $10 shall be paid
to the Clerk to cover the cost of investigation of the facts stated
therein.
A.
Upon receipt of such application, the one copy shall be referred
to the Chief of Police who shall cause such investigation of the applicant's
business and moral character to be made as he deems necessary for
the protection of the public good. The copy shall then be retained
by the Police Department for filing.
B.
If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on Department letterhead his disapproval of the
application and his reasons for the same and forward to the City Clerk
who shall notify the applicant that his application is disapproved
and that no permit and license will be issued.
C.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on Department letterhead his approval to execute a permit
addressed to the applicant for the carrying on of the business applied
for to the City Clerk who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and show the name, address and photograph of said licensee, the class
of license issued and the kind of goods to be sold, the amount of
fee paid, the date of issuance and the length of time the same shall
be operative, as well as the license number and other identifying
description of any vehicle used in such peddling. The Clerk shall
keep a permanent record of all licenses issued.
A.
The permit fee charged by the City Clerk shall be an annual fee in
the sum of $250. The annual application fee shall authorize one commercial
solicitor to operate within the City of Amsterdam. Additional applicants
shall pay a sum of $25 to solicit within the City for and on behalf
of applicant.
B.
No more than six applicants representing the same company shall be
allowed to solicit at any one time.
C.
No fee shall be required of one selling products of the farm or orchard
actually produced by the seller or one subject to the provisions of
Article 4 of General Business Law of the State of New York or of milk
peddlers.
D.
The annual license fee shall not be prorated and all licenses will
expire on December 31 of each calendar year.
Such applicant as defined in § 171-35 of this article shall file, with the application for permit, a surety bond in the sum of $5,000 per individual or $5,000 per company and $1,000 for each individual applicant of said company.
Applicants and persons soliciting or selling for and on behalf
of the applicant are required to exhibit the identification material
at all times provided by the City Clerk following approval by the
Chief of Police.
A.
Material shall include, but not be limited to:
(1)
Identification cards or badges which shall be prominently displayed
on the person while soliciting or canvassing.
(2)
Placard for automobile(s) used in solicitation identifying company.
All license plate numbers of vehicles that will be used by licensed
solicitators/canvassors must be registered with the City Clerk and
the Amsterdam Police Department.
No license or badge issued under the provisions of this article shall be used or worn at any time by any person other than the one to whom it was issued. If any solicitors are to be replaced by another individual, that individual shall apply for a permit as stated in § 171-36. All material provided to the solicitor being replaced must be turned in to the office of the City Clerk before the new license will be issued.
No licensee shall use or operate any loudspeaker, public address
system, radio, sound amplifier or similar device to attract the attention
of the public.
No licensee shall have any exclusive right to any location within
the municipal limits of the City of Amsterdam, nor shall any be permitted
a stationary location, nor shall be be permitted to operate in any
congested area where his operation might impede or inconvenience the
public. For the purpose of this article, the judgment of a police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or inconvenienced.
No licensee shall solicit within 1,000 feet of the grounds of any
elementary or secondary school between 1/2 hour prior to the start
of the school day or 1/2 hour after dismissal at the end of the school
day.
A.
No licensee shall enter any house, building or premises where there
is posted on the front of the house, building or premises a written
notice stating that vendors are not desired, unless the solicitor
has received the prior consent of the occupant.
B.
No solicitor shall seek admission or entrance to any premises before
10:00 a.m. or after sunset.
C.
No solicitor shall make false statements or misrepresentations in
the course of his activities. The solicitor shall conduct himself
at all times in an orderly and lawful manner.
D.
City residents who do not wish to be contacted by solicitors may
register with the City Clerk annually. The Clerk shall maintain a
"Do Not Solicit" list consisting of those residents who wish to be
included on the "Do Not Solicit" list. Applicants will be provided
with a copy of the list at the time permits are issued and shall be
responsible to ensure that the list be in their possession at all
times. No solicitor shall contact any person who has registered with
the Clerk. It shall be the duty of the applicant to ensure compliance
with this restriction.
Each applicant (A company who employs more than one individual
shall be considered the applicant in this case.) shall provide to
the City of Amsterdam's official newspaper, local radio stations and
to the City of Amsterdam for inclusion on the City's website, all
information pertinent to its solicitation so as to provide the public
a full knowledge of such solicitation or selling. Such notification
shall be done no less than five days prior to the start to solicitation.
It shall be the duty of any police officer of the City of Amsterdam
to require any person seen peddling and who is not known by such officer
to be a duly licensed solicitor to produce such license and to enforce
the provisions of this article against any person found to be violating
the same. The Chief of Police shall report to the City Clerk all convictions
for violations of this article and the City Clerk shall maintain a
record of each license issued and record the reports of violations.
A.
Permits and licenses issued under the provisions of this article
may be revoked by the City of Amsterdam after notice and hearing for
any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a solicitor.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing set forth specifically the grounds of complaint and the
time and place of hearing. Such notice shall be mailed, postage paid
to the licensee at his last known address at least five days prior
to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit or license as provided in § 171-37 of this article or in the decision with reference to revocation of a license as provided in § 171-47 of this article shall have the right to appeal to the City of Amsterdam Common Council. Such appeal shall be taken by filing with the Council within 14 days after notice of the action complained of has been mailed to such person's last-known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 171-47B of this article for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punished by a fine of not more than $5,000,
by imprisonment not to exceed 90 days or by both such fine and imprisonment.
