[HISTORY: Adopted by the Town Board of the
Town of Wallkill as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-12-2009 by L.L. No. 2-2009[1]]
[1]
Editor's Note: This local law also repealed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:
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.
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.
Any person who, by means of going door to door
or standing in any street or public place, for money or other consideration:
Offers to sell merchandise, wares or other perishable
or nonperishable goods.
Takes orders for the future delivery of merchandise,
wares or other goods and services.
Offers to purchase goods, wares or other articles
of value.
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.
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.
Carries or walks with any sign or placard or
similar device for the purpose of advertising the sale of goods or
services.
Offers to make a future appointment for any
of the above purposes.
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.
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.
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.
B.
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:
A.
Merchants with established places of business within
the town and their employees while acting within the scope of their
employment.
B.
Farmers and truck gardeners or their employees who
sell or deliver products grown or raised on their own farms and gardens.
C.
Religious, charitable, youth, veterans', fraternal
and civic organizations as defined herein.
D.
Any veteran of the Armed Forces of the United States
holding a peddlers license provided for in Article 4 of the General
Business Law.
A.
No license shall be granted to a person less than
18 years of age.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
No license shall be issued to any applicant without
a street address being listed on the application. Post Office boxes
are not sufficient.
I.
No license shall be issued to any applicant who refuses
to provide valid photo identification.
A.
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.
C.
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.
D.
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.
E.
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.
F.
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.]
G.
An applicant must provide proof of liability insurance
in the amount of no less than $1,000,000 per occurrence.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
All vehicles which will be used or involved in soliciting
shall at the time of application have a valid license and registration.
C.
All places of sale or soliciting shall be handicapped
accessible.
D.
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.
E.
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.
F.
Photo ID is to be visible at all times.
A.
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.
B.
(Reserved)
C.
Approval of the Code Enforcement Officer is required
for any outdoor sales of goods ordinarily sold indoors in an adjacent
establishment.
A.
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.
B.
Any licensee using a vehicle shall employ only a properly
registered vehicle or properly licensed driver in selling and delivering
wares and other merchandise.
C.
Licensees may not park or store vehicles overnight
at the approved location.
D.
Licensees may not use any trailer over 20 feet long
in the course of their solicitation.
E.
Licensees may not use any box truck over 20 feet long
in the course of their solicitation.
F.
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.
A.
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.
B.
(Reserved)
C.
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.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
[Adopted 4-28-2022 by L.L. No. 2-2022]
Notwithstanding the provisions contained in Article I of this chapter regulating soliciting, vending and peddling within the Town of Wallkill, it is hereby found and determined that given the ever-changing food scene in the Town, a limited number of permits for mobile food vendors or "food trucks" should be allowed to provide the residents and visitors to the Town additional options for dining and the purchase of edible commodities during special events. It is further found and determined that, in an effort to protect the health, safety and welfare of Town residents and the consuming public, the operation of food trucks should be limited to a relatively small number, such permits should be granted on a periodic basis and that the operations of such vendors should be further regulated to ensure adequate location, accommodation and safe operation.
As used in this article, the following terms shall have the
meanings indicated:
The form and supporting information or documentation prescribed
by the Town Board seeking the issuance of a food truck permit.
Any movable restaurant, truck, van, cart, bicycle or other
movable unit in, on or from which food or beverage for human consumption
is sold or offered for sale at retail or given away at temporary or
permanent locations. Such vehicle may be self-propelled or towed by
another vehicle. Vehicles for the delivery of previously ordered food
or beverage, such as pizza, bread and milk, are excluded from the
foregoing definition.
The permit or license issued by the Town Clerk which shall
be proof that a particular food truck has met the qualification requirements
and that the location endorsed thereon has been approved by the Town
for the purpose stated therein.
The particular physical site, approved by the Town Board,
where the food truck shall be parked and operated during permitted
hours.
Any event sanctioned or sponsored by the Town of Wallkill
or private event on private property that does last more than one
calendar day, such as a family celebration or business function.
Any veteran of the United States military service or coast
guard who has been discharged from service for other than cause. Any
veteran applicant shall submit a copy of his or her Form DD-214 as
part of the application package.
A.
Except
as otherwise provided herein, the Town Clerk shall issue all food
truck permits following approval of any applications submitted to
the Town Board. Permits shall be valid for a period of one to three
calendar days at the sole discretion of the Town Board. No more than
one permit shall be issued to any individual or qualifying business
entity at a given time.
B.
Such permit
shall be issued to an applicant who has completed the requisite application
on the prescribed form provided by the Town Clerk, paid the requisite
fee(s) and provided such additional information as may be required
in the application, including, but not limited to, proof of general
liability insurance with limits of liability not less than $1,000,000
per occurrence; current vehicular registration, inspection and insurance;
proof of permission to locate the food truck at the particular location;
and, in the case of prepared food sales, a current food vendor's permit
issued by the Orange County Department of Health. The Town of Wallkill
shall be listed as an additional insured on the policy of general
liability insurance.
C.
A safety
inspection of the food truck or trailer must be completed by a certified
New York State inspection facility. Each food truck or trailer shall
be registered as a commercial vehicle with the New York State Department
of Motor Vehicles.
D.
Pursuant
to New York State workers’ compensation regulations, a permit
applicant must present documentation of workers’ compensation
and disability insurance coverage or proof of exemption prior to any
permit being issued or renewed.
E.
Permits
shall be issued on a special event duration basis. Applications for
such permits shall be available to residents or established businesses
located within the Town of Wallkill The number of permits issued each
year to any individual or business applicant will be determined by
the Town Board. A maximum of four permits will be issued to any food
truck operator.
F.
The fee
for a food truck permit shall be set by the Town Board and included
in the annual fee schedule adopted by the Town Board, as the same
may be amended from time to time. Any permit issued to a veteran shall
be exempt from the payment of the fee. To be exempt from the payment
of the requisite permit fee, such veteran shall actually be engaged
in the operation of the food truck and shall be present at the location
at all times the food truck is in operation.
G.
Food truck
permits shall be maintained on the truck of the permit holder at all
times that the food truck is in operation and shall be open to the
inspection by the Town Code Enforcement Officer or any police officer.
H.
Notwithstanding
the foregoing, any licensed or permitted food truck shall be allowed
to operate on private property within the Town at a specific function
and at the specific request by such private property owner for the
purpose of catering or providing food service for such special function.
A.
Except
as otherwise provided for herein, a food truck permit shall allow
the holder thereof to conduct the business vending food from a specific,
stationary location which shall either be Town or private property
depending upon the nature of the special event. Such location shall
not be within or on a public thoroughfare or right-of-way without
the written approval of the Town Board. The Town Board may authorize
operation of food trucks at special events sanctioned or sponsored
by the Town. No vending or soliciting of food sales shall occur by
the permittee at any location within the Town other than that which
is declared on the permit. No permits shall be issued to individuals
or entities seeking to hold a private event on Town property, including
at any Town park.
B.
A permitted
location other than within Town property shall be subject to the prior
approval of the Town Board and with a report from the Town Code Enforcement
Officer confirming that such location is safe for use by both vehicles
and pedestrians.
C.
An applicant
for a food truck permit shall provide proof, in writing, signed by
the owner of the particular location that the applicant has permission
to park or locate the food truck at that particular location. Such
documentation shall be signed and acknowledged before a notary public;
provided, however, that with respect to honorably discharged veterans
who possess a current license issued pursuant to New York State General
Business Law § 32 to hawk, peddle, vend and sell goods,
wares or merchandise, or solicit trade upon the streets and highways
within Orange County, no such documentation or written authorization
to locate within or along such thoroughfares shall be required. Notwithstanding
the foregoing, the holder of such General Business Law § 32
permit shall be required to apply for and obtain a food vendor permit
under this chapter and to abide by all restrictions and regulations
provided herein.
D.
No permit
shall be issued under this article to conduct business in a location
within 500 feet of the primary entrance of an establishment that is
open to the public and where ready-to-eat food is prepared, cooked,
wrapped, packaged, processed or portioned for service, sale, or distribution.
This requirement shall be waived if written permission for the permit
holder’s operations is obtained from the owner of the property
that contains the establishment and the operator of the establishment
where ready-to-eat food is prepared, cooked, wrapped, packaged, processed
or portioned for service, sale or distribution.
E.
There
shall be no outdoor seating or other accommodation for on-site consumption
of food or other vended products, unless specifically authorized in
the permit by the Town Board.
A.
Food trucks
may be operated during the hours of 8:00 a.m. through 8:00 p.m. on
the day that the permit specifies.
B.
Food trucks
shall be removed from the permitted location within one hour after
the permit end-time, on each day that the permit remains in effect.
There shall be no overnight parking of food trucks at any permitted
location.
A.
All applicable
laws, rules and regulations must be adhered to related to food service.
No alcoholic beverages are allowed.
B.
At all
times, food truck vendors must abide by the New York State Transportation
Law and all applicable parking, vehicle and traffic laws, ordinances,
rules and regulations.
C.
At all
times, food truck vendors must abide by the New York State and Orange
County Department of Health regulations pertaining to food service
safety.
D.
All food
truck vendors must provide trash receptacles of sufficient capacity
to contain all trash and waste generated in association with the business
of the food truck. All waste and trash shall be placed in the trash
receptacles. All trash, waste, litter and debris shall be removed
from the site of the vending operation at the end of each daily operation.
A.
Any person
who violates any provision of this article shall be guilty of an offense
and upon conviction thereof shall be subject to a fine of not less
than $500 nor more than $1,000 for each violation, or by imprisonment
not exceeding 15 days, or both such fine and imprisonment.
B.
Conviction
of three violations of any provision of this article shall result
in the immediate revocation of the food truck permit.
