[HISTORY: Adopted by the Town Board of the Town of Victor 7-12-1993 by L.L. No. 2-1993; amended in its entirety 6-25-2018 by L.L. No. 7-2018. Subsequent amendments noted where applicable.]
Streets and sidewalks — See Ch. 180.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and to protect the health, safety and welfare of the residents of the Town of Victor.
This chapter shall apply to the entire area of the Town of Victor, excluding the area within the corporate limits of the Village of Victor.
As used in this chapter, the following terms shall have the meanings indicated:
- PEDDLER (PEDDLING)
- Any person, either principal or agent, who, in any public street or road or highway or public place or from any vacant property, whether publicly or privately owned, or by going from place to place or house to house, delivers or distributes advertising matter, literature, pamphlets, samples or handbills or sells or offers for sale, barter or exchange any goods, wares, merchandise, service or any other article or thing whatsoever, either in his possession or not in his possession, either for immediate or future delivery.
- Includes an individual, corporation, partnership, association or any other organizational group of persons or representative of any of the foregoing.
- SOLICITOR (SOLICITING)
- Any person, either principal or agent, who, in any public street, road or highway or public place or from any vacant property, whether publicly or privately owned, or by going from place to place or house to house, requests or accepts a contribution.
Peddling and soliciting shall not be allowed in any Town or county rights-of-way.
In addition to the foregoing and excluding those areas defined in § 1157(C) of the Vehicle and Traffic Law of the State of New York, soliciting and peddling shall not be allowed on any public lands or in any public places, nor shall the same be allowed on Town-owned property unless approval is secured from the Town Board. As a condition for approval, the Town Board shall require adequate surety in an amount that will ensure that the activities authorized will not jeopardize the position of the Town or the protection of the Town residents.
In all areas of the Town of Victor, exclusive of those listed in § 150-4 of this chapter and the Village of Victor, it shall be unlawful to peddle, vend or solicit without first having obtained and paid for, and having in force and effect, a license issued by the Town Clerk's office.
Honorably discharged members of the Armed Forces of the United States, who obtain a license pursuant to the provisions of § 32 of the General Business Law, shall file a copy of the license issued by the county with the Town Clerk of the Town of Victor, provided such license states the veteran's name, residence at the time of the application and nature of goods to be sold; and, if the applicant is working on a commission or percentage basis for any person, firm or corporation, the name and business address of such person, firm or corporation. The Town Clerk, when satisfied, shall issue to such former member of the Armed Forces of the United States a license, without charge, certifying him to be entitled to the benefits of this chapter; provided, however, that nothing in this chapter shall prevent or in any manner interfere with the soliciting or peddling without the use of any but a hand-driven vehicle in a street, avenue, alley, lane or park of the Town by any honorably discharged member of the Armed Forces of the United States who is disabled as a result of injuries received while in the service of said Armed Forces and who is the holder of a license granted pursuant to § 32 of the General Business Law.
Exemptions shall be as follows:
Peddling or soliciting for charitable, political, educational or not-for-profit organizations.
Delivery of newspapers or periodicals.
Sale of newspapers from coin-operated vending machines.
Activities limited to three days or less per month on privately owned property.
Any person or proprietor soliciting on residential property at the express invitation of the person, serving an established customer or for the express purpose of providing a product or products to a not-for-profit organization.
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
Activities that would otherwise require a peddler's/solicitor's license shall be exempt if there is in existence a valid license or permit issued by the Town Board relating to similar or associated activities.
Application for license. Every applicant for a license to peddle or solicit or a renewal thereof shall be required to submit a written application, and addendum to original application for additional applicants, supplying, under oath, the information requested in a form prescribed by the Town Clerk. The applicants must submit all required documentation, including a request for release of information with a copy of a state-issued photo ID. The application shall include, but not necessarily be limited to:
The name, home address and local address, if any, of the applicant.
The name and address of the person, firm or corporation for whom or through whom orders are to be solicited or cleared .
Goods, wares or merchandise for which orders are to be solicited.
That the applicant(s) has never been convicted of a felony or misdemeanor.
Such other information as the Town Clerk shall reasonably require.
A license fee for peddlers or solicitors shall be in such amount as the Town Board of the Town of Victor may, from time to time, establish by resolution.
No fee shall be required by a veteran who has obtained a license pursuant to Article 4 of the General Business Law of the State of New York.
Issuance. Upon the receipt of a properly filled out application and the license fee, the Town Clerk shall review the application and, if granted, shall issue the license specifying the particular business authorized to the applicant. The Town Clerk shall have 14 days from the date of the acceptance of the application to conduct the background investigation. However, the issuance of the license may be delayed for a longer period if the Town Clerk cannot, for good reason, complete the investigation and review in a timely manner.
Age restriction. No license for peddling or soliciting shall be issued under this chapter to any person under the age of 18 years.
Denial. The Town Clerk may deny the application; in which case, the Clerk shall specify to the applicant the reason or reasons therefor. Such decision must relate to the protection of the public safety, health, morals or general welfare of the residents of the Town. The Town Clerk may also deny any application by any person who shall have been convicted of any crime or of any violation of this chapter.
Appeals. Any person aggrieved by the action of the Town Clerk in the denial of a license shall have the right of 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 to such person's last known address, a written statement setting forth fully the grounds for such appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be sent by certified mail to the applicant at his last known address at least 15 days prior to the date set for the hearing. The decision and order of the Town Board on such an appeal shall be final and conclusive.
This license shall be in possession of the licensee or posted while engaged in the business licensed. The license shall be produced upon the demand of any Town official, prospective buyer or police officer. This license shall be nontransferable.
Peddling and soliciting licenses shall expire one year from the date of issuance of said license.
A valid peddling/soliciting license may be renewed for a period of one year at a time by following the license application procedures in § 150-8 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license.
Within the Town of Victor, exclusive of the Village of Victor, soliciting or peddling door to door shall be prohibited before 9:00 a.m. and after 7:00 p.m., Monday through Saturday. No peddling shall be permitted on Sundays.
Suspension. Whenever the Town Clerk shall have probable cause to believe that any person to whom a license has been issued under this chapter has violated any of the provisions of this chapter or that any peddler, solicitor or his agents have misrepresented the purpose of their activities, the Town Clerk shall immediately suspend the license temporarily and give the license holder notice by telephone along with written notice by certified mail giving the date, time and place of a hearing to be held before the Town Board of such temporary suspension to determine whether or not the license should be revoked. This notice must contain a statement of the facts upon which the Town Clerk has acted in suspending the license. If, after such hearing, the Town Board finds that this chapter has been violated or the activities of the peddler or solicitor have been misrepresented, the Board may, within two days after the hearing, revoke the license and give the applicant written notice of the revocation and the reasons therefor. Any conviction of the license holder, its employees, agents or representatives of a violation of any provisions of this chapter shall be prima facie grounds for temporary suspension.
In addition to the process set forth in § 150-15, such license may also be revoked by the Town Board of the Town of Victor after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for the license.
Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler or solicitor.
Any violation of this chapter.
Conviction for a felony or misdemeanor, which misdemeanor or felony, in the judgment of the Town Board, renders the applicant unfit or undesirable.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to health, safety or general welfare of the public.
Upon the recommendation of the New York State Department of Health that the sale of food or food products or other edibles is being conducted under unsanitary conditions or that there is a violation of law, regulation, code or ordinance cited by the New York State Department of Health.
Notice for a hearing for the revocation of a license pursuant to this section shall be given by the Town Clerk, in writing, setting forth specifically the grounds of the complaint and the time and date of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his/her last known address at least 10 days prior to the date set for hearing.
If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either he or any one or more of the employees are determined to be in violation of this chapter.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both. The continuance of an offense for each twenty-four-hour period shall be a distinct and separate violation.