[HISTORY: Adopted by the Town Board of the
Town of Hamburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-9-1968 by L.L. No. 28-1968 amended in its entirety 3-6-2000 by L.L. No. 1-2000]
The purpose of this article shall be to improve
and promote the health, safety and general welfare of the community,
and the preservation and protection of the property of the Town of
Hamburg and its inhabitants, by declaring and enforcing certain regulations
and restrictions pertaining to peddling and soliciting.
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
Words and terms defined. As used in this article,
the following terms shall have the meanings indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person selling or offering for sale
carries with him in traveling or has in his possession or control,
upon any of the streets, roads or highways or from house to house
within the Town of Hamburg.
Any natural person, association, partnership, firm or corporation.
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery upon any of the streets,
roads or highways or from house to house within the Town of Hamburg.
Any person who shall engage in soliciting as hereinabove
defined.
B.
Definitive description. In this article, the singular
shall include the plural, and the masculine shall include the feminine
and the neuter.
No person shall engage in soliciting or peddling
within the Town of Hamburg without procuring a permit from the Town
Clerk.
A.
No permit shall be issued until an application has
first been filed with the Town Clerk by the person seeking the same.
The application shall require the applicant to set forth his name,
address, his sex, his race, his age, his previous criminal record,
if any; the name and address of the person for whom he works, if any;
the type or types of article, device, subscription, contribution,
service or contract which he desires to sell or for which he desires
to solicit within the Town of Hamburg; the length of time for which
he wishes the permit to be issued, not exceeding 60 days; the type
of vehicle he uses, if any, and its registration number. Such application
shall be referred to the Police Department of the Town of Hamburg
for approval, and after such approval has been received, the applicant
shall be eligible for the issuance of such permit.
B.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above
shall be required to be given for each helper, and an individual permit
shall be required and issued to each helper. No permit issued under
this article shall be transferable from one person to another.
C.
The police
officer designated by the Police Chief to order and review criminal
records ("Criminal Records Officer") may cause the fingerprints of
any applicant for a peddling or soliciting permit and any applicable
fee to be forwarded to the Division of Criminal Justice Services (DCJS)
in the form and manner as prescribed by DCJS for a complete criminal
background and investigation upon receipt of the appropriate fee from
the applicant.
[Added 8-9-2010 by L.L. No. 4-2010]
D.
The Criminal
Records Officer, the Town Clerk, and the Town Attorney shall review
the criminal history record information (CHRI) disseminated by DCJS
in connection with the applicant's criminal background and investigation.
[Added 8-9-2010 by L.L. No. 4-2010]
E.
In making
the determination of the applicant's fitness for the requested permit,
based upon the information provided by DCJS, New York State Correction
Law §§ 701 through 703b and §§ 751 through
753 shall be given due consideration.
[Added 8-9-2010 by L.L. No. 4-2010]
No permit shall be issued under this article
until the proper fee shall be paid to the Town Clerk in the sum of
$100 per person.
Each solicitor or peddler shall be issued a
permit unless he shall have been convicted of a crime involving moral
turpitude, or engaged in a business not permitted by law. This permit
shall be valid all days between the hours of 9:00 a.m. and 8:00 p.m.
from the date of issuance for a period of 60 days thereafter, which
permit shall not be transferable, but shall be revocable in the event
of any violation of the terms and conditions thereof.
Every solicitor or peddler shall, at all times,
while engaged in soliciting and peddling within the town, carry the
permit upon his person and shall exhibit the same upon request to
all persons solicited or to any police officer within the town. No
solicitor or peddler shall engage in selling or offering for sale,
or in seeking or taking orders or contracts for any goods, wares,
merchandise, article, device or subscription, nor shall any person
use any vehicle for soliciting or peddling other than the vehicle
registered upon his license.
No person engaged in soliciting or peddling
shall hawk or cry his goods, wares, merchandise, offers, contracts
or services upon any streets, roads or highways within the township,
nor shall he use any loudspeaker, horn or any other device for announcing
his presence by which members of the public are annoyed.
The Town Clerk of the Town of Hamburg shall
keep a record of all vehicle registrations to whom permits have been
issued under this article, and the Police Department of the Town of
Hamburg shall supervise the activities of all holders of such permits.
A.
Notwithstanding any of the provisions herein contained,
any person, corporation, partnership or association engaged in charitable,
benevolent, patriotic, religious or school purposes, native to the
town, or engaged in selling produce or products raised in the town
which are offered for sale, who are soliciting shall be permitted
to obtain a permit in compliance with the regulations hereof, without
payment of any fee therefor.
B.
Persons under 19 years of age shall not be required
to register and obtain a permit as heretofore provided for, in the
event that they are soliciting for any purposes directly connected
with a religious, charitable, benevolent, school or service organization
native to the Town of Hamburg.
The Town Clerk shall keep a record listing the
names and numbers of persons to whom permits have been issued, the
date of issuance thereof and the expiration date of each permit.
Entering a private residence or place of business
in the Town of Hamburg by a solicitor or peddler, as defined herein,
for the purpose of selling or offering for sale or for soliciting
orders for goods, wares, merchandise, contracts or personal services,
or remaining in a private residence or on the premises thereof, or
any place of business or on the premises thereof, after the owner
or occupant thereof shall have requested any solicitor or peddler
to leave, or going in and upon the premises of a private residence
or place of business by a solicitor or peddler, as defined herein,
for any such purposes when the owner or occupant has displayed a "no
soliciting" sign on such premises, is prohibited and is further declared
to be an offense.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be guilty of an offense
and shall be required to purchase a license as provided herein and
shall be sentenced to pay a fine not to exceed $100 or imprisonment
not to exceed 30 days, or both, for each and every offense.
This article shall take effect immediately.
[Adopted 1-13-1992 by L.L. No. 1-1992]
This article is enacted for the purpose of regulating
the conduct and business practices of transient merchants within the
Town of Hamburg.
As used in this article, the following terms
shall have the meanings indicated:
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer; on a parking lot or vacant
parcel of land; on a part of public right-of-way; or in any other
place for a temporary period of time. Lack of a rental or leasing
agreement of three months' or more duration, sealed by monetary consideration,
shall be presumptive of a temporary situation. The type of merchandise
being offered for sale will have no bearing on the designation.
The purpose of this article is to assist the
government of the Town of Hamburg, the management of its business,
the preservation of good order and the peace, health, safety and welfare
of its inhabitants and the protection and security of their property.
[Amended 7-14-1997 by L.L. No. 6-1997]
A.
No person shall engage in business as a transient
merchant unless he shall first obtain a license to do so from the
Town Clerk no later than 14 business days before the first date of
business.
B.
The fee for a transient merchant's license shall be
at the rate of $500 per day.
C.
Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General
Business Law of the State of New York shall obtain a license as required
under this article but shall be exempt from any fee.
D.
All license applications of transient retail merchants
shall require the approval of the Town of Hamburg Police Department,
Legal Department and Building Inspection Department.
An application for a transient merchant's license
shall provide the following information:
A.
The address of the applicant's residence.
B.
The firm or firms represented, together with copies
of documents establishing the firm's state or county, form of organization,
ownership and qualifications to do business in the State of New York,
including but not limited to, doing business as certificates, certificates
of incorporation, certificate of authority from the New York Sales
Tax Department, Disability and Workers' Compensation Insurance and
the exact relationship between the firm and the transient merchant.
[Amended 7-14-1997 by L.L. No. 6-1997]
C.
A brief description of the firm and the kind of goods
or commodities the applicant desires to sell.
D.
The hotel, room or other location where the applicant
proposes to sell such merchandise, and the time during which said
business is to be conducted.
E.
Background check.
[Added 11-7-2016 by L.L.
No. 7-2016]
(1)
The police officer designated by the Police Chief to order and review
criminal records ("Criminal Records Officer") may cause the fingerprints
of any applicant for a transient retail merchant license and any applicable
fee to be forwarded to the Division of Criminal Justice Services (DCJS)
in the form and manner as prescribed by DCJS for a complete criminal
background and investigation upon receipt of the appropriate fee from
the applicant.
(2)
The Criminal Records Officer, the Town Clerk, and the Town Attorney
shall review the criminal history record information (CHRI) disseminated
by DCJS in connection with the applicant's criminal background
and investigation.
(3)
In making the determination of the applicant's fitness for the
requested permit, based upon the information provided by DCJS, New
York State Correction Law §§ 701 through 703b and §§ 751
through 753 shall be given due consideration.
This article shall not be held to apply to any
of the following:
A.
Sales conducted pursuant to statute.
B.
Sales conducted pursuant to the order by any court.
C.
Any person selling personal property at wholesale
to dealers in such articles.
D.
The sale of fruits and vegetables raised on the property
where being sold.
E.
[1]Persons soliciting, collecting or operating a sale on behalf
of any bona fide charitable educational, scientific, health, religious,
patriotic or other organization of worthy cause deemed to be in the
public interest.
F.
Any person selling personal property at a garage sale
held at his residence.
[Amended 7-14-1997 by L.L. No. 6-1997]
The laws of the Town of Hamburg, including but not limited to Chapter 191, Zoning, of the Town of Hamburg shall apply to all licenses granted under this article. The town reserves the right to revoke any license which violates such laws of the Town of Hamburg.
Any person violating the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be fined not less than $100 nor more than $200 for each offense
and, further, shall be directed to obtain a license pursuant to this
article, paying the appropriate fee. Every day that a violation of
this article shall continue shall constitute a separate and distinct
offense.
The provisions of this article are declared
to be severable, and if any section, subsection, sentence, clause
or part thereof for any reason is held to be invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of any remaining sections, subsections, sentences, clauses
or part of this article.
All local laws or parts of local laws inconsistent
or in conflict with this article are hereby repealed to the extent
of such conflict of inconsistency.
This article will take effect as provided by
law.
