[HISTORY: Adopted by the Town Board of the Town of Esopus 6-12-1980
by L.L. No. 12-1980. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling and Soliciting
Law of the Town of Esopus."
As used in this chapter, the following terms shall have the meanings
indicated:
A permanent building, store or depository in which or where the person
transacts business and deals in the goods, wares or commodities he peddles,
vends or solicits in the ordinary and regular course of business.
The selling, bartering or trading or offering to sell, barter or
trade any goods, wares, commodities or services.
Includes, unless otherwise herein provided, any person who engages
in merchandising any goods, wares, commodities, books, periodicals or services
or who solicits contributions of goods or moneys by going from house to house
or place of business or in any public street or public place or by temporarily
occupying a room, building or other premises therefor.
Includes any individual, firm, partnership, corporation and unincorporated
association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction of this
chapter to act as a peddler, vendor or solicitor, as herein defined, without
first having duly obtained, and having in force and effect, a license therefor.
The fee for each license issued pursuant to this chapter shall be $50
per year or $10 per day or fraction thereof.[1]
[1]
Editor's Note: See also § 76-2C(5).
A.
An application for a license shall contain the following
information:
(1)
Name and description of the applicant.
(2)
Address of the applicant (local and legal).
(3)
Name of the firm or company where the applicant is employed.
(4)
Address of the firm or company where the applicant is
employed.
(5)
Description of the motor vehicle to be used, along with
the license number.
(6)
Brief description of the nature of the business and the
kind of goods or property to be peddled or solicited.
(7)
Date and length of time the applicant desires the license.
(8)
Two photographs of the applicant, which shall be approximately
2 1/2 inches by 2 1/2 inches in size, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(9)
A statement as to whether or not the applicant has been
convicted of a crime, misdemeanor or disorderly conduct offense, and where
and when so convicted, the nature of the offense and the penalty, if any.
(10)
The make, model, year, color and license plate number
of the automobile(s) used by the applicant during the period of solicitation
in the town and the number of his driver's license and the state of issuance.
B.
The Town Clerk may require a letter of authorization
from the firm or company which the applicant purports to represent.
C.
Each person peddling or soliciting for the same firm
or company shall be required to file a separate application.
D.
Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count as provided
under Article 16 of the Agriculture and Markets Law of the State of New York,
such application shall be accompanied by a certificate from the Sealer of
Weights and Measures having jurisdiction thereof, certifying that all weighing
and measuring devices to be used by the applicant have been examined and approved.
Upon receipt of the application and of the license fee and if reasonably
satisfied with the applicant's qualifications, the Town Clerk shall issue
a license to the applicant specifying the particular business authorized and
the location wherein it may be conducted. This license shall be nontransferable
and in the continuous possession of the licensee while engaged in the business
licensed. The license shall be produced upon the demand of any town official,
prospective buyer, police officer or sheriff or his deputies.
The licensing period shall be on a daily, monthly or annual basis, and
fees for the same shall be as determined by the Town Board from time to time.
Such license shall not be transferable and shall so state on the face thereof.
The Town Clerk shall keep a record of the applications, the determination
thereon and all licenses issued in accordance with this chapter. The record
shall contain the name and residence of the person licensed, the location
of the business, the amount of the license fee paid and the date of revocation
and/or expiration of all licenses revoked.
The provisions of this chapter shall not apply to the following:
A.
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, which listed as exempt an
honorably discharged person injured while in the military services of the
United States who procured a license from the Ulster County Clerk pursuant
to § 32 of the General Business Law, was repealed 9-11-1991 by L.L.
No. 4-1991.
B.
Any person soliciting at the express invitation of the
person solicited or serving any established customer.
C.
A wholesaler selling articles to dealers or merchants
who have an established place of business within the town.
D.
A truck gardener or farmer who himself or through his
employees vends, sells or disposes of products of his own farm or garden.
E.
A child permanently residing in the Town of Esopus and
attending any public, parochial or private school located in the Town of Esopus
or immediately adjacent town; or a representative of any established church
maintaining a place of worship within the town or immediately adjacent town;
or a member of a veterans organization, provided that such organization has
and maintains a chapter, post, lodge, camp or other group within the Town
of Esopus; or a member of a fraternal organization or civic group, provided
that such fraternal organization or civic group maintains a chapter or local
organization within the Town of Esopus, and further provided that any person
coming within the provisions of this exemption shall only peddle, vend or
solicit in connection with an authorized activity of the organization of which
such person is a member or the school which such person attends.
F.
Auction sales held pursuant to law by a sheriff or other
officer authorized by law to conduct such sale.
A licensed peddler, vendor or solicitor shall not:
A.
Call attention to his goods by blowing a horn, by shouting
or crying out or by any loud or unusual noise.
B.
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his business
or offer for sale any provision, food or merchandise that is unwholesome,
unfit, deleterious or harmful to the user or consumer thereof.
C.
Frequent any street or road so as to cause a private
or public nuisance.
D.
Stand or permit the vehicle used by him to stand in one
place in any public place or street for more than 10 minutes, nor in front
of any premises, for any time, if the owner or the lessee of the ground objects.
E.
Sell confectionery or ice cream within 250 feet of any
school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F.
Canvass, solicit or otherwise go from door to door or place to place within the town for the purpose of canvassing or soliciting as defined in § 100-2, except between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, unless special permission is given by the Town Clerk.
G.
Enter or attempt to enter the house or apartment of any
resident in the town without an express invitation from the occupant of the
house or apartment.
H.
Conduct himself in such a manner as to annoy or harass
any person while soliciting within the town.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Clerk of the Town of Esopus after notice and hearing
for any of the following causes:
B.
Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior to the
date set for hearing.
C.
The Town Clerk, upon receiving information giving him
or her reasonable cause to believe that the holder of any license issued hereunder
has violated any provisions of this chapter or has been convicted of any violation
referred to in this section, may forthwith temporarily suspend such license
until a hearing is held by him or her, as provided herein, and the Town Clerk
shall have issued his or her determination thereon.
D.
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 his employees are determined to be in violation of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in this chapter, or in the decision of the Town Clerk with reference to the revocation of a license, as provided in § 100-11 of this chapter, shall have the right to appeal to the Town Board of the Town of Esopus. Such appeal shall be taken by filing, 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 Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 4-16-1981 by L.L. No. 6-1981]
Any person who shall act as a peddler, vendor or solicitor, as herein
defined, without a license or who shall violate any of the provisions of this
chapter or who shall continue to act as a peddler, vendor or solicitor subsequent
to the revocation of his license shall be guilty of a violation and shall
be punishable by a fine not to exceed $250 or by imprisonment for a term not
to exceed 15 days, or both, for each day on which such violation continues.
