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City of Ithaca, NY
Tompkins County
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Table of Contents
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[Adopted as Ch. 17 of the 1975 Municipal Code]
As used in this article, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where a person transacts business and deals in the goods, wares and merchandise such person hawks, peddles or solicits for during regular business hours on a daily basis.
HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from 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 vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except milk and newspapers.
SOLICITOR
Includes any person who goes from place to place or house to house or by telephone or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall, however, also mean and include any person taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery at the home or residence of any person who has been solicited prior thereto by telephone or has responded to an type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.
[Amended 8-5-1992 by L.L. No. 3-1992]
A. 
Nothing in this article shall be held to apply to any sales:
(1) 
Conducted pursuant to statute or by order of any court.
(2) 
By any person selling personal property at wholesale to dealers in such articles.
(3) 
By berry pickers who sell berries of their own picking.
(4) 
Of peddling meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
(5) 
By merchants having an established place of business within the city.
(6) 
By any person selling prepared food or other merchandise from a mobile vending cart or other vehicle that occupies one or more fixed, designated locations on City-owned property, provided such person has obtained and maintains a permit for mobile vending pursuant to Chapter 170 of this Code.
[Added 5-6-2009 by Ord. No. 2009-05]
B. 
Nonprofit organizations and persons working for such organizations and 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 shall also be exempt. However, such organization or person shall register annually with the Chief of Police in the event that it or he/she plans to engage in vending, hawking, peddling or soliciting and shall indicate the type of activities to be undertaken and the time when they will be performed.
C. 
Interstate commerce. This article also shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the Chief of Police for a certificate of compliance, using the form of application described in § 232-43. The applicant shall also submit to the Chief of Police satisfactory evidence that he/she is engaged in interstate commerce.
D. 
Certificate of compliance. When the applicant shall have established to the satisfaction of the Chief of Police that he/she is engaged in interstate commerce or is entitled to one or more of the above exemptions, the Chief of Police shall issue to such applicant, without charge, a certificate of compliance stating, among other things, that such person has complied with the requirements of this section and has satisfactorily established that he/she is engaged in interstate commerce or is exempt from the requirements of this section. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by an person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this article.
[Amended 8-5-1992 by L.L. No. 3-1992]
Except as otherwise provided herein, it shall be unlawful for any person within the corporate limits of the City to act as a hawker, peddler or solicitor as herein defined or assist in the same without first having obtained and paid for and having in force and effect a license therefor.
A. 
Any person desiring to procure a license as herein provided shall file with the Chief of Police a written application upon a form furnished by the Chief of Police and shall file at the same time satisfactory proof of good character. Such application shall give:
(1) 
The number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired.
(2) 
The kind of goods, wares and merchandise he/she desires to sell or the kind of service he/she desires to perform.
(3) 
The method of distribution.
(4) 
The name, permanent address, City address and age of the applicant.
(5) 
Whether or not the applicant has been convicted of a misdemeanor or felony and, if so, the date of conviction, the nature of the offense, the penalty imposed and the name and address of the court.
(6) 
The name and address of the person, firm or corporation the applicant represents.
(7) 
The length of time the applicant desires the license.
(8) 
Such other information as may be required by the Common Council.
B. 
If applicable, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a cash deposit of $5,000 or a surety company bond of $5,000 or other bond secured by sufficient collateral, said bond to be approved by the City Attorney as to form and surety, conditioned for making final delivery of the goods, wares, or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have the right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect and, in case of a cash deposit, such deposit shall be retained by the City for a period of 90 days after the expiration of any such license, unless sooner released by the Chief of Police.
A. 
Grant; refusal. Upon the filing of the application as provided in § 232-43, the Chief of Police shall, upon his/her approval of such application, issue to the applicant a license as provided in § 232-42 hereof. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B. 
Contents. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle, if any, to be used and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
A. 
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 an other person shall each be guilty of a violation of this article.
B. 
Every licensee, while exercising his/her license, shall carry the license with him/her and shall exhibit the same upon demand or, if engaged in telephonic solicitation, shall, upon each completed call, immediately state his/her name and address and number of his/her license.
[Amended 4-7-1982 by Ord. No. 82-5]
The following fees shall be paid for the license herein required:
A. 
Where a vehicle or vehicles is or are to be used by the applicant, the fees shall be:
(1) 
For the first such vehicle so used:
(a) 
For one year, $200.
(b) 
For any period less than one year, at the rate of $30 per month, except that the minimum fee shall be $60.
(2) 
For each additional vehicle so used by any one licensee:
(a) 
For one year, $100.
(b) 
For any period less than one year, at the rate of $15 per month, except that the minimum fee shall be $30.
B. 
Where no vehicle is used by the applicant or where an additional license is required by § 232-48A hereof:
(1) 
For one year, $100.
(2) 
For any period less than one year, at the rate of $15 per month, except that the minimum fee shall be $30.
A. 
Number limited. Any person using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler or solicitor; and when any additional persons are so employed, an additional license shall be required for each such additional person, and the fee fixed in § 232-47B shall be paid thereof.
B. 
Identification card required. The one employee mentioned in Subsection A above who acts with a licensee shall at all times carry and on demand display a card of identification issued by the Chief of Police, which card shall contain the following information: the name of the employee, the name of the employer and the date of expiration of the employer's license. Such identification card shall be valid until the expiration of the license under which it is issued.
C. 
Statement required. Each such employee shall file with the Chief of Police a statement including his/her name, age, permanent and City address and the name and address of his/her employer. The employee shall pay to the Chief of Police a fee of $1 upon the issuance of the identification card.
D. 
Refusal or revocation of card. The provisions of § 232-50 respecting revocation of licenses shall apply to the revocation of cards of identification. The issuance of a card of identification may be refused upon the same grounds as set forth in § 232-45A for the refusal of a license.
A. 
License identification. The vehicle kept or used by a licensee in the exercise of his/her license shall be marked on both sides with the number corresponding to the number of his/her license and the words "Licensed Vendor" in plain letters and figures at least two inches in height and of such color as to be plainly read at a distance of at least 10 feet.
B. 
Name and address of licensee. Every vehicle used by a licensee 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.
A. 
Commitment of violation. The Chief of Police may, at any time, for a violation of this article or any other provision of this Code or any law, revoke the license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made.
B. 
Notice. Notice of such revocation and the reason or reasons therefor, in writing, shall be served upon the person named in the application by delivering the same to him/her personally or by mailing the same to the address given in the application. Such revocation shall be immediately effective if served personally and shall become effective 24 hours after mailing if served by mail.
C. 
Fraud or misrepresentation in obtaining license. Licenses obtained by fraud or misrepresentation of any material fact shall be wholly invalid and shall be surrendered upon demand. No refund of the license fee shall be made.
A written statement of all orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery, setting forth the terms thereof, the amount paid in advance, the name of the solicitor and the name of the person or firm he/she represents, shall be given to the purchaser at the time the money is paid to or deposited with the solicitor.
A. 
Unlawful sales. A huckster, peddler or solicitor shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
Sanitary conditions. A huckster, peddler or solicitor shall 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. 
Noises. A huckster, peddler or solicitor shall not blow a horn, ring a bell or use any other noisy device to attract public attention to his/her wares or shout or cry his/her wares.
D. 
Use of vehicles. A huckster, peddler or solicitor shall not stand or permit the vehicle used by him/her to stand in one place in any street or public place for more than 10 minutes.
E. 
Obstructions. A huckster, peddler or solicitor shall 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.
F. 
Measuring devices. A huckster, peddler or solicitor shall not use any weighing or measuring device unless the same shall have been examined and sealed by the County Sealer of Weights and Measures.
[Amended 8-5-1992 by L.L. No. 3-1992]
G. 
School premises. A huckster, peddler or solicitor shall not sell or offer for sale any product on the public highway within one street block of any school building in the City between the hours of 8:00 a.m. and 5:00 p.m.
H. 
Appealing to sympathies. No peddler or solicitor shall, in order to effectuate or assist in any sale or solicitation, represent that he/she is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
I. 
Soliciting on private property. No peddler or solicitor shall canvass or solicit on any private property or in any private or semipublic building without the consent of the owner or lessee thereof when a notice forbidding such general canvassing or soliciting has been conspicuously posted thereon.
A. 
Applicability of section. The provisions of this section shall not apply to any corporation organized under the Religious Corporations Law nor to solicitation at the regular exercises or services of any lodge, benevolent order or fraternity, or any branch thereof, whenever such solicitation is made at the regularly appointed meetings and regular places of worship or exercises of such lodge, order or fraternity.
B. 
License and identification card required. It shall be unlawful for any person, organization, society, association or corporation or their agents or representatives to solicit money, donations of money or property or financial assistance of any kind upon the streets, in office or business buildings, by house-to-house canvass or in public places in the City except upon a license issued by the City Manager and an identification card issued by the City Clerk.
[Amended 11-3-2022 by L.L. No. 2022-07]
C. 
Application for license; contents. An application to solicit funds for any cause whatsoever, as provided for in this section, shall be addressed to the City Manager at least two weeks in advance of the first day of solicitation, and such application shall contain the following information:
[Amended 11-3-2022 by L.L. No. 2022-07]
(1) 
The name and the purpose of the cause for which permission is sought.
(2) 
The names and addresses of the officers and directors of the organization.
(3) 
The time for which permission is sought and the localities and places of solicitation.
(4) 
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation.
(5) 
Such other information as the City Manager shall require.
D. 
Statement of finances. It shall be the duty of the City Manager, before granting permission to solicit funds or donations as provided for in this section, to compel the applicant to file a signed statement of all moneys collected in the calendar year or the fiscal year of such organization, society, association or corporation previous to the application and the expenditures connected therewith, together with the names and addresses of all persons receiving wages, commissions or emoluments and the amounts so expended.
[Amended 11-3-2022 by L.L. No. 2022-07]
[Added 5-3-1978 by Ord. No. 78-6; amended 3-5-1980 by Ord. No. 80-3]
A. 
All religious solicitations within the City of Ithaca corporate limits shall be subject to the applicable costs and ordinances of the City of Ithaca as well as these regulations.
B. 
All such solicitations shall take place only during the daylight hours from 9:00 a.m. to 7:00 p.m.
C. 
Advance notice shall be given to the City Manager, in writing, at least 72 hours and not more than one month prior to the commencement of such solicitations, including the following information:
[Amended 11-3-2021 by Ord. No. 2021-09]
(1) 
The full name, present address and date of birth of each solicitor or group leader.
(2) 
The name, present address and date of birth, and phone number of the person in charge of solicitations.
(3) 
The times, date and areas of proposed solicitations.
D. 
All solicitors shall refrain from overaggressiveness, rudeness and overbearance and shall conduct themselves in a reasonable manner.
E. 
Breach of any of these regulations or any City ordinance with regard to solicitations shall be grounds for immediate revocation of permission to solicit.
F. 
In the case that a proposed solicitor shall be found to be unfit due to a prior conviction of a crime or due to a prior breach of these regulations or any City ordinance with regard to solicitations, permission for such person to solicit may be denied.
G. 
Each solicitor must have on his/her person identification and the current permit granted by the Ithaca Police Department.
A violation of any provision of this article is hereby declared to be a misdemeanor and shall be punishable by a fine not exceeding $250 or imprisonment of not more than six months, or both.