[HISTORY: Adopted by the Town Board of the
Town of Henrietta 10-6-1976. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Peddling, Vending and Soliciting Ordinance of the Town of
Henrietta."
This chapter is enacted for the purpose of regulating
itinerant merchandising and soliciting in order that the peace, health,
safety, welfare and good order of the Town and its inhabitants shall
not be endangered or unduly disturbed.
[Amended 10-19-1983]
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, commodities
or services he peddles, vends or solicits in the ordinary and regular
course of business.
A household sale conducted by or with permission of a residential
homeowner, not to exceed three consecutive selling days, for the purpose
of selling used household goods.
Unless otherwise specified, shall be construed to mean a
license or special permit as required by this chapter.
The selling, bartering or trading of 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 solicits contributions of goods or moneys by going
from house to house or place of business to place of business.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
A store, room, building, tent, enclosure or structure of
any kind intended to be occupied for the period of time necessary
to peddle, vend or solicit the merchandise or products therein housed
initially without the intent to replenish or restock such goods, wares
and merchandise sold therein. In all prosecutions for a violation
of this chapter, the intent of the defendant to conduct an established
place of business shall be a material fact, and the burden of proving
such intent shall be upon the defendant in such prosecution.
Includes, unless otherwise herein provided, a person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by occupying
space on any public street, roadside, private or public parking lot
or driveway unless owned by said vendor or operated under lease as
adjunct to the vendor's business.
[Amended 10-19-1983]
A.Â
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a peddler or solicitor, as herein defined,
without first having obtained and paid for and having in force and
effect a license therefor.
B.Â
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a vendor, as herein defined, without first
having obtained and having in force and effect a special permit from
the Town Board therefor.
A.Â
The provisions of this chapter shall not apply to
the following:
(1)Â
Any person soliciting at the express invitation of
the person solicited.
(2)Â
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Town.
(3)Â
A truck gardener or farmer who himself or through
his employees vends, sells or disposes of products of his own farm
or garden.
(4)Â
A child regularly attending any public, parochial
or private school located within the Town of Henrietta 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 Henrietta, or a member of a fraternal organization or civic group
that maintains a chapter or local organization within the Town of
Henrietta, 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
he is a member or the school which he attends.
(5)Â
Auction sales held pursuant to law by a sheriff or
other officer authorized by law to conduct such sale.
(6)Â
Users under lease or permit by the Regional Marketing
Authority vending, selling or disposing of products at the Regional
Market Facility in the Town of Henrietta.
(7)Â
Users under lease or permit by the Monroe County Fair
and Recreation Association vending, selling or disposing of products
at the Monroe County Fair and Recreation Facility in the Town of Henrietta.
(8)Â
Residents of the Town of Henrietta who as representatives
of a national, statewide or regional commercial enterprise engage
in merchandising, as herein defined, any goods, wares, commodities,
books, periodicals or services, provided that such commercial enterprise
is duly licensed, pursuant to the provisions of this chapter, and
further provided that such resident carries on his or her person and
upon demand exhibits to the prospective buyer, any Town official,
police officer or sheriff an identification issued by such commercial
enterprise setting forth the name and address of the licensee and
the date of the issuance of such license.
(9)Â
Members or representatives of a church or religious organization
or sect in the exercise of legitimate religious activities, provided
that such persons or the church, organization or sect which they represent,
prior to the commencement of such activities, notify the Department
of Building and Fire Prevention of their intended peddling, vending
or soliciting and further provided that such activities are carried
out in an orderly manner without annoyance or harassment to the persons
solicited or in any way disturbing the peace or creating a public
or private nuisance.
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(10)Â
Garage and lawn sales, provided that not more than
three such sales shall be conducted on any single property within
the same calendar year. Household sales of this type in excess of
limits herein stated shall require a special permit of the Town Board
for each occurrence.
[Added 10-19-1983]
(11)Â
Any honorably discharged member of the armed forces or any other
person who has procured a license issued by the County Clerk as provided
by § 32 of the General Business Law of the State of New
York.
[Added 2-18-2015 by L.L.
No. 1-2015]
B.Â
This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
A.Â
Every applicant for a license is required to submit to the Department
of Building and Fire Prevention a written application supplying, under
oath, the following information:
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
(1)Â
Name of applicant.
(2)Â
Permanent home residence.
(3)Â
Name and address of firm represented, if any.
(4)Â
The length of time for which the license is required.
(5)Â
A description of the goods, wares, commodities or
services to be offered for sale, together with a true invoice of their
amount, quality and value.
(6)Â
All felonies or misdemeanors with which the applicant
has been charged and the disposition of each such charge.
(7)Â
A written detailed description of the specific proposed
plan of operations to be used by the applicant in merchandising the
products or services.
B.Â
To the application must be appended a letter of authorization
from the firm which the applicant purports to represent.
C.Â
If the applicant has one or more employees who will
work in the Town, the same information must be supplied as to each
employee.
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
Upon receipt of the application and the license fee and if reasonably
satisfied with the applicant's qualifications, the Building Inspector
or designee shall issue a license to the applicant specifying the
particular business and method of business operations authorized,
along with any restrictions thereon. This license shall be nontransferable
and shall be 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.
A.Â
The Department of Building and Fire Prevention shall keep a record
of the applications, the determinations thereon and of 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 of all
licenses revoked.
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
B.Â
All licenses hereunder shall expire no later than
one year from date of issue. Special permits shall be time limited
at the discretion of the Town Board.
[Amended 10-19-1983]
A.Â
A peddler, vendor or solicitor, whether licensed or
exempt from licensing pursuant to the provisions of this chapter,
shall:
(1)Â
Not willfully misstate the quantity or quality of
any article or service offered for sale.
(2)Â
Not willfully offer for sale any article of an unwholesome
or defective nature.
(3)Â
Not call attention to his goods by blowing a horn,
by shouting or crying out or by any loud or unusual noise.
(4)Â
Not frequent any street in an exclusive manner so
as to cause a private or public nuisance.
(5)Â
Keep the vehicle and/or receptacles used by him in
the furtherance of his licensed business in a sound, clean and sanitary
condition.
(6)Â
Keep his edible articles offered for sale well protected
from dirt, dust and insects.
(7)Â
Not stand, hawk, peddle or solicit, or solicit funds,
on or near the premises of any business establishment, shopping center
or mall without the written consent of the owner or individual, agency
or organization responsible for the management and/or operation of
the same.
(8)Â
Not sell or vend within 250 feet of any school property
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
(9)Â
Not enter upon private property for the purpose of
peddling or soliciting before the hour of 9:00 a.m. of any day or
after 1/2 hour before sunset of any day, except upon the invitation
of the householder or occupant.
B.Â
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "no peddlers,"
"no solicitors," "no agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
[Added 2-18-2015 by L.L.
No. 1-2015]
A.Â
Vendors
requesting to operate a cart service in the Town of Henrietta must
submit a permit application prior to commencing service. The application
must be accompanied by:
(1)Â
If
food service is involved, a New York State Department of Health license
issued to allow the specific type of vending requested.
(2)Â
A
New York State sales tax certificate, which must be prominently displayed
on the vendor's cart.
(3)Â
A
certificate of liability insurance adequately insuring the Town or
the owner of the property on which the vendor's cart is located.
(4)Â
A
fee in an amount set from time to time by resolution of the Town Board.
B.Â
Upon approval
of a permit application, the Town will provide the applicant with
the location of designated areas in which the vendor may operate.
Any other requested area must receive prior approval after Town review.
C.Â
The permit
must be prominently displayed on the vendor's cart.
A.Â
Licenses issued under provisions of this chapter may
be revoked by the Town Board of the Town of Henrietta after notice
and hearing for any of the following causes:
(1)Â
Fraud, misrepresentation or any false statement contained
in the application for license.
(2)Â
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler, vendor or solicitor.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)Â
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
(6)Â
Any breach of stipulations or conditions specified
by the Town Board or any deviation from the terms and agreements upon
which a special permit has been granted, as provided herein.
[Added 10-19-1983]
B.Â
The Town Board may suspend for up to 60 days or revoke
any license or permit issued under this chapter upon a finding that
the holder of any such license or permit has violated any provision
of this chapter; violated any condition of the license or permit;
been convicted of any violation referred to in this section; or been
indicted or charged or convicted of any crime. A hearing for such
suspension or revocation shall be held before the Town Board upon
notice as provided herein.
[Amended 10-4-1989]
C.Â
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of the 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 the hearing.
D.Â
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.
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
Any person aggrieved by the action of the Building Inspector or designee in the denial of an application for a license, as provided in § 192-6 of this chapter, shall have the right to appeal to the Town Board of the Town of Henrietta. 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 granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.
[Amended 6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023]
Where one acts as a peddler, vendor or solicitor,
as herein defined, without a license, or fails to comply with any
of the provisions of this chapter, or continues to act as peddler,
vendor or solicitor subsequent to the revocation of his license, shall
be in violation hereof, and, upon conviction thereof, shall be subject
to a fine in the minimum amount of $100, up to a maximum amount of
$250. Each day's continued violation shall constitute a separate additional
violation.
