[HISTORY: Adopted by the Town Board of the Town of Wallkill 3-12-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
Littering — See Ch. 150.
Peace and good order — See Ch. 178.
Sale of precious metals or gems — See Ch. 187.
Streets and sidewalks — See Ch. 205.
Editor's Note: This local law also repealed former Ch. 182, Peddling and Soliciting, adopted 5-12-1988 by L.L. No. 10-1988, as amended.
For the purpose of this chapter, the words used herein are defined as follows:
- CIVIC ORGANIZATIONS
- Organizations for the promotion of civic, fraternal and/or patriotic goals having a business office within or otherwise having a situs within the Town of Wallkill.
- ESTABLISHED PLACE OF BUSINESS
- A building, commercial or residential, in which or where a person transacts business and deals in goods, wares, merchandise or services, which shall have been in operation for at least 90 days.
- One or more persons of either sex, a firm, a partnership, a corporation, or any individual representative or agent thereof with proper identification (ID), such as a driver's license or photo ID with proper addresses.
- A. Any person who, by means of going door to door or standing in any street or public place, for money or other consideration:
- (1) Offers to sell merchandise, wares or other perishable or nonperishable goods.
- (2) Takes orders for the future delivery of merchandise, wares or other goods and services.
- (3) Offers to purchase goods, wares or other articles of value.
- (4) Offers to perform services immediately or at any future date or offers to make, manufacture or repair any article or thing whatsoever for future delivery.
- (5) Places business cards, flyers, or other forms of advertising the sale of goods or services adjacent to or on doorsteps, in doorways, in mailboxes, on vehicles or by similar means.
- (6) Carries or walks with any sign or placard or similar device for the purpose of advertising the sale of goods or services.
- (7) Offers to make a future appointment for any of the above purposes.
- B. For the purpose of this chapter, the following terms shall be considered synonymous with "solicitor": hawker, peddler, itinerant merchant, transient vendor, purveyor, door-to-door salesman, and ice cream vendor. This list is illustrative and is not intended to be exclusive.
- Car, truck, van, pushcart and trailer and similar devices used to perform the business of soliciting.
- YOUTH ORGANIZATIONS
- Include, but are not limited to, Boys and Girls Clubs, Girl Scouts, Boy Scouts, 4-H Clubs and youth and athletic clubs having a business office within or otherwise having a situs within the Town of Wallkill.
[Amended 5-26-2016 by L.L. No. 10-2016]
It shall be unlawful for any person to solicit food or food products without a veterans exemption. In regards to other solicitors, it shall be unlawful for any person to solicit, as defined in § 182-1, within the Town of Wallkill, without first having applied with the Town Clerk and having received and having in force and effect a license for the same approved by the Town of Wallkill Building Inspector/Code Enforcement Officer.
A person or business advertising by means of delivering business cards, pamphlets, flyers or the like to an established business in the Town of Wallkill shall not be required to obtain a license pursuant to this chapter, so long as said established business does not prohibit solicitation on its premises.
Persons that engage in the sale of used merchandise, wares or other goods in the form of garage sales, lawn sales, and contents of house sales shall be exempt from the requirements of this chapter, provided that such sales are limited to no more than three per year.
The following persons or organizations shall be required to obtain a license pursuant to the provisions of Chapter 182 but shall not be required to pay any license or registration fee or be required to comply with the provisions of this chapter requiring the solicitor to obtain liability insurance:
Merchants with established places of business within the town and their employees while acting within the scope of their employment.
Farmers and truck gardeners or their employees who sell or deliver products grown or raised on their own farms and gardens.
Religious, charitable, youth, veterans', fraternal and civic organizations as defined herein.
Any veteran of the Armed Forces of the United States holding a peddlers license provided for in Article 4 of the General Business Law.
No license shall be granted to a person less than 18 years of age.
No license shall be issued to a person who has been refused a license within the past 12 months or who has had a license revoked within the past 12 months, unless the applicant can show that the reasons for such rejection or revocation no longer exist.
No license shall be issued to any individual whose merchandise to be sold on the streets of the Town consists of souvenirs, such as artificial flowers to be worn as boutonnieres, small replicas of the American Flag or a facsimile thereof or any other souvenirs of a patriotic nature, unless sponsored by one of the bona fide local veterans' organizations.
No license shall be issued to a person convicted of any felony or of a misdemeanor or other offense, if the same involved violence, dishonesty, deceit or moral turpitude.
No license shall be issued to any person to sell or solicit within 750 yards of the Fairgrounds during Orange County Fair Week or during concerts.
No license shall be issued to any person to sell or solicit goods or services that are sold or services that are offered by an established business within 1,000 feet unless said license is issued to the established business.
No license shall be issued to any applicant with a proposed site plan proposing that the location of the business, inclusive of any designated parking area, is within 50 feet of the edge of roadway pavement or, if the same is not paved, the demarcation of any public or private roadway.
No license shall be issued to any applicant without a street address being listed on the application. Post Office boxes are not sufficient.
No license shall be issued to any applicant who refuses to provide valid photo identification.
Any person required to obtain a license under this chapter shall file with the Town Clerk a written application, together with an employer's authorization, if required, sworn to before a notary public, upon a form approved by the Town Board.
The applicant shall complete an authorization permitting the Town, its agent or designee to perform a background investigation of the applicant and entitling the Town, its agent or designee to obtain information concerning the applicant's prior criminal record, if any, and prior employment history.
The applicant shall indicate the location, including section, block and lot, where any selling or soliciting will be done. Any proposed changes in location or any proposed change of location within a previously approved site must be made in writing to the Town Clerk, who shall refer the request to the Town Building Inspector or Code Enforcement Officer for approval.
Any application that involves an intended site location in the parking lot or on the property of an establishment with which the applicant has a business relationship shall include a site plan sketch identifying that the applicant will not be utilizing more than 35% of the establishment's designated parking area. The site plan must show location, number, size and type of barriers that will be provided to buffer the selling area from cars, traffic, and/or other hazards.
Any applicant seeking approval to operate a farm market, flea market, craft fair or the like shall be responsible for demonstrating compliance with all the requirements contained in this chapter, as well as all other requirements contained in the Town Code. [Individual vendors and their employees and/or assistants shall be exempt from the requirement to obtain and post photo identification.]
An applicant must provide proof of liability insurance in the amount of no less than $1,000,000 per occurrence.
Any applicant wishing to solicit on private or public property not owned by the applicant must provide proof of authorization from the property owner by means of a signed and notarized statement from the owner of the site. Said statement shall include, at a minimum, the name of the person to whom permission is given, the proposed permissible duration, and any other limits on such use required by the property owner, with complete address and contact information for the property owner.
Employees, or any other individual that will assist the applicant, whether or not that individual will receive payment or other form of remuneration or compensation from the applicant, must be included in the application and, if the license is granted, must wear a photo ID at all times. It is the responsibility of the licensee to confiscate any ID badges of employees or assistants that no longer represent the applicant and return them to the Town Clerk. An additional fee for employee or assistant processing will be charged.
The Town Clerk shall review the application to determine whether or not it is complete and the appropriate fee has been paid. If the application is complete and the appropriate fee has been paid, the Clerk shall, within five business days, forward the application to the Town Building Inspector/Code Enforcement Officer for review and/or approval. The Building Inspector/Code Enforcement Officer shall, within 10 business days of receipt of the application, either deny or approve the application in writing, stating any reasons for the denial of a license.
An applicant that has been denied a license may appeal the denial to the Town Board. Appeals to the Town Board must be made within five days of the mailing of the denial by certified mail by the Town Clerk or by the Building Inspector/Code Enforcement Officer. Upon approval by the Town Board, the Town Clerk shall issue a license and photo ID signed by the Clerk, authorizing the holder thereof to conduct business under the terms of this chapter.
In evaluating an application, the Town Building Inspector/Code Enforcement Officer will consider criteria that include, but are not limited to, the following: site location in proximity to competing vendors and businesses; intended duration; site location as it impacts vehicular and pedestrian traffic flow; site location as it impacts any and all safety considerations; and any and all other relevant factors that the Town Building Inspector/Code Enforcement Officer determines are necessary to conduct a complete evaluation.
All applicants for food licenses shall exhibit to the town a permit from the Orange County Department of Health at the time of application hereunder.
All vehicles which will be used or involved in soliciting shall at the time of application have a valid license and registration.
All places of sale or soliciting shall be handicapped accessible.
All applicants licensed hereunder are required to maintain continual compliance with all applicable federal, state and local laws. Any applicant licensed pursuant to this chapter shall immediately notify the Town Clerk, in writing, of his or her receipt of any notice of violation, summons, judgment, warrant, lien or other matter or process related to the proposed or actual suspension, revocation, expiration, cancellation or loss of privileges or good standing concerning any license, permit, approval or privilege required to conduct his or her business, including, but not limited to, matters concerning driver's licenses, vehicle registrations, insurance coverage, tax liens, tax warrants and the like.
The license and the New York State sales tax certificate or New York state sales tax exemption certificate are to be displayed at all times.
Photo ID is to be visible at all times.
All locations for soliciting on sidewalks must first have the approval of the Code Enforcement Officer. Fifty percent of the sidewalk must be clear for pedestrian travel, shopping carts, carriages, etc. The location cannot impede any fire ingress or egress and cannot block fire hydrants. The licensee shall be solely responsible for maintaining an orderly, clean environment at all times; failure to do so will result in revocation of the license. A permit to solicit shall be prominently displayed during all times of operation. No merchandise shall be left outside on the sidewalk after business hours unless there is a person assigned to monitor merchandise. Any and all equipment approved for use using electricity shall have an electrical inspection before a permit is issued to ensure that no electrical violations exist.
Approval of the Code Enforcement Officer is required for any outdoor sales of goods ordinarily sold indoors in an adjacent establishment.
Every vehicle used by a licensee hereunder shall bear, prominently displayed on both sides of the vehicle in letters and figures at least two inches in height, the name of the licensee and his address. Such lettering and figures shall be maintained so that they can be plainly and distinctly read at all times while such vehicle is in use during the term of the license.
Any licensee using a vehicle shall employ only a properly registered vehicle or properly licensed driver in selling and delivering wares and other merchandise.
Licensees may not park or store vehicles overnight at the approved location.
Licensees may not use any trailer over 20 feet long in the course of their solicitation.
Licensees may not use any box truck over 20 feet long in the course of their solicitation.
With respect to licensees who engage in a form of solicitation by means of a motorized vehicle, such as, but not limited to, ice cream vendors and mobile food vendors, said licensees may not permit said vehicle to stand or be parked in the same location for more than one hour and 15 minutes.
The application fee, license fee and/or other fees associated with providing approvals for solicitors, their employees and/or assistants, and for their use of vehicles, pushcarts and/or trailers, shall be set by resolution of the Town Board.
All licenses shall expire December 31 of each year. Applicants and former licensees must submit an application in compliance with the requirements of this chapter, and any other applicable provisions of the Town Code, for any year or part thereof during which they wish to solicit.
A licensee, his agent, employee or assistant shall not create or maintain any booth or stand or place any barrels, boxes, crates or other obstruction upon any street, sidewalk or public place for the purpose of conducting business without the express approval of the Code Enforcement Officer.
Any license issued hereunder shall not be assignable, and any holder of a license who permits it to be used by any other persons, and any other person who uses it, shall be guilty of a violation of this chapter.
The Town Building Inspector/Code Enforcement Officer may, for a violation of this chapter or any other law, or otherwise for good cause shown, revoke any license after notice and an opportunity for the licensee to be heard regarding the proposed revocation, by delivering to the licensee, either in person or by mailing address given in the application, notice of such proposed revocation in writing and stating therein the reason or reasons for such proposed revocation. A license so revoked shall be returned to the Town Clerk within four days of revocation.
The refusal of a solicitor to leave a private premises after request by the owner or lawful occupant, or the solicitation of persons other than between the hours of 8:00 a.m. and 6:00 p.m., shall be cause for revocation.
The applicant or licensee shall be entitled to a hearing before the Town Board upon any claim that a license was wrongly refused or revoked.
It shall be the duty of the Town Clerk to keep a record of all applications received and all licenses granted under the provisions of this chapter, in which shall be recorded the names and addresses of persons licensed, the amount of fees paid and all other pertinent data concerning the issuance of licenses under this chapter. All licenses issued and all records pertaining thereto shall contain, in addition to the name and address of the licensee, the kind of goods, wares and merchandise to be sold or the nature of the services to be rendered and the date of expiration of said license.
Any person who, himself or through an agent or employee, shall act as a solicitor as herein defined without obtaining a license or who, having had his license revoked, shall continue to act as a solicitor shall, upon conviction, be punished by a fine of not more than $400, and each day on which such violation continues shall constitute a separate offense.
Any licensed solicitor who, himself or through an agent or employee, shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $200 for the first offense and not to exceed $400 for each subsequent offense.
Any violation of the provisions of this chapter shall be deemed an offense; provided, however, that for the purpose of conferring jurisdiction upon courts and judicial officers generally, such violation shall be deemed a misdemeanor; and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations.