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.
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.
[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:
(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:
(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:
(2) For any period less than one year, at the rate of
$15 per month, except that the minimum fee shall be $30.
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.
[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.