[HISTORY: Adopted by the Town Board of the
Town of Greenfield 8-21-1974 by L.L. No. 2-1974. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a building, store or vacant property in which or
where a person transacts business and sells and deals in, during regular
business hours, the goods, wares and merchandise he hawks, peddles,
vends or for which he solicits.
[Added 12-28-1988 by L.L. No. 10-1988; amended 9-8-2011 by L.L. No. 1-2011]
Includes, except as hereinunder expressly provided, any person,
either principal or agent, who, in any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any animal or vehicle standing in a street or
highway, sells or barters, offers for sale or barter or carries or
exposes for sale or barter any goods, wares or merchandise, except
as hereinafter exempted.
Includes one or more persons of either sex, corporation,
partnership, association, joint-stock companies, societies, nonprofit
organizations or associations offering any service whatsoever and
all other entities of any kind capable of being sued, except as hereinafter
exempted.
[Amended 9-8-2011 by L.L. No. 1-2011]
Includes any person who goes from place to place or house
to house or who stands in any street or public place, taking or offering
to take orders for goods, wares or merchandise, except as hereinafter
exempted, or for services to be performed in the future by any profit
or nonprofit organization, except as hereinafter exempted, or for
making, manufacturing or repairing any article or thing whatsoever
for future delivery.
Nothing in this chapter shall be held to apply
to any sales conducted pursuant to statute or by order of any court;
to any person selling personal property at wholesale to dealers of
such articles; to merchants having an established place of business
within the Town of Greenfield or their employees; to the peddling
of meats, fish, fruit and similar produce by farmers and persons who
produce such commodities; to dealers in milk, baked goods, heating
oil and daily newspapers; to any honorably discharged member of the
Armed Forces of the United States who has procured a license as provided
by the General Business Law of the State of New York; or to persons
soliciting or collecting for any bona fide charitable organization
having offices within the Town of Greenfield. This chapter shall also
not apply so as unlawfully to interfere with interstate commerce.
[Amended 9-8-2011 by L.L. No. 1-2011]
It shall be unlawful for any person within the
territorial limits of the Town of Greenfield to act as a hawker, peddler,
mobile cart vendor or solicitor as herein defined without first having
obtained and paid for and having in force and effect a license therefor.
Every applicant for a license as herein provided
shall submit to the Town Clerk a written application, under affidavit,
setting forth the following information:
A.
[1]That the applicant has never been convicted of a felony
or misdemeanor (or if so, giving the details).
[Amended 9-8-2011 by L.L. No. 1-2011]
B.
A detailed statement of the particular business, trade
or occupation for which the license is requested.
C.
The number and kind of vehicle, if any, to be used
by the applicant in carrying on the business for which the license
is requested.
D.
The kinds of goods, wares and merchandise the applicant
desires to sell or the kind of service the applicant desires to render.
[Amended 9-8-2011 by L.L. No. 1-2011]
E.
The name and address of the person, firm or corporation
the applicant represents.
[Amended 9-8-2011 by L.L. No. 1-2011]
F.
The names and addresses of the principal officers,
if a corporation, and the name and address of a person upon whom a
legal notice may be served.
G.
For mobile
cart vendors, the location of the mobile cart and hours of operation;
a certificate of vendor's insurance and a copy of their NYSDOH food
service permit.
[Added 9-8-2011 by L.L. No. 1-2011]
H.
Such other information as may be required by the Town
Clerk.
A.
Upon the filing of the application as provided in the preceding section, the Town Clerk shall, upon his/her approval of such application, issue to the applicant a license as provided in § 73-3, signed by the Town Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of public safety, health, morals or general welfare. No license shall be granted to a person under 18 years of age.
[Amended 9-8-2011 by L.L. No. 1-2011]
B.
Such license shall automatically expire on January
1 following the date of issue of such license, but such license may
provide for an earlier expiration date.
C.
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person, and any person
who uses such license granted to any other person, shall be guilty
of a violation of this chapter.
D.
No applicant to whom a license has been refused or
who has had a license that has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection or revocation, unless he/she can show that
the reason for such rejection or revocation no longer exists.
[Amended 9-8-2011 by L.L. No. 1-2011]
E.
Every licensee, while exercising his/her license,
shall carry the license with him/her and shall exhibit the same upon
demand to any police officer or citizen.
[Amended 9-8-2011 by L.L. No. 1-2011]
[Amended 8-10-2006 by L.L. No. 6-2006; 9-8-2011 by L.L. No.
1-2011]
The license fee to hawkers, peddlers, mobile
cart vendors or solicitors shall be $100.
[Amended 9-8-2011 by L.L. No. 1-2011]
Any licensee using a horse and wagon or motor
vehicle may employ not more than two persons to assist in selling
and delivering the wares, but such persons shall so act only while
accompanying a licensed peddler, hawker, solicitor or mobile cart
vendor.
[Amended 9-8-2011 by L.L. No. 1-2011]
Every vehicle used by a licensed hawker, peddler,
solicitor or mobile cart vendor in or about his/her business shall
have the name of the licensee and his/her address plainly, distinctly
and legibly painted in letters and figures at least two inches in
height in a conspicuous place on the outside of each side of every
such vehicle, and such name and address shall be kept so painted plainly
and distinctly at all times while such vehicle is in use during the
continuance of the license.
Upon the refusal of the Town Clerk to issue
a license to any applicant or upon the determination of the Town Board
that any license shall be revoked, the procedure prescribed in § 137
of the Town Law shall be complied with. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason therefor in writing shall
be served by the Town Clerk upon the person named in the application
or by mailing the same to the address given in the application, and
a copy of such notice shall be filed with the Town Clerk.
[Amended 9-8-2011 by L.L. No. 1-2011]
A licensed hawker, peddler, mobile cart vendor
or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him/her
in a clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him/her to
stand in one place in any public way or street for more than 10 minutes
or in front of any premises for any time if the owner or any lessee
of the premises objects. Furthermore, but not contrary to the above,
mobile cart vendors may remain stationery during established hours
of operation.
D.
Not sell any 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.
E.
Not permit any vehicle used by him/her to stop or
remain on any crosswalks.
F.
Not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise. Furthermore, but not contrary to the above,
mobile cart vendors may display goods, wares, or merchandise for sale.
G.
Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares, or shout or cry out
his wares.
H.
No hawker,
peddler, mobile cart vendor or solicitor shall operate as such between
the hours of 8:00 p.m. and 8:00 a.m. on any day.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit of money is paid to the solicitor.
It shall be the duty of the Town Clerk to keep
a record of all applications and of all licenses granted under the
provisions of this chapter, giving the number and date of each license,
the name and residence of the person licensed, the amount of the license
fee paid and also the date of revocation of licenses revoked.
[Amended 12-28-1988 by L.L. No. 10-1988; 9-8-2011 by L.L. No. 1-2011]
Any person who himself/herself or by his/her
agent or employee, shall act as a hawker, peddler, mobile cart vendor
or solicitor, as herein defined, without a license, or shall violate
any of the provisions of this chapter, or who, having had his/her
license revoked, shall continue to act as a hawker, peddler, mobile
cart vendor or solicitor, shall, upon conviction, be punished by a
fine of not more than $350 or imprisonment for a term not to exceed
15 days, or both. Each day on which such violation continues shall
constitute a separate offense.
