[HISTORY: Adopted by the Town Board of the Town of Niskayuna 6-3-1986. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSERS AND SOLICITORS
All persons who are now or who shall hereafter engage in canvassing and/or soliciting for the sale of or subscription to newspapers, magazines, books, pamphlets or other publications or materials and soliciting or canvassing for contributions for or subscriptions to any purpose by going from house to house and/or business to business and/or house to business within the limits of the Town or who engage in any such activities on public property or from a nonpermanent location within the Town, whether such person is the principal or an employee, agent or representative of any other person, firm or corporation, shall first procure a permit to do so as described herein from the Town Clerk or any Deputy Clerk.
[Amended 5-22-2018 by L.L. No. 2-2018]
MERCHANTS, DEALERS, VENDORS, HAWKERS AND PEDDLERS
Except as herein provided, all persons who are now engaged or who shall hereafter engage in purchasing, buying, bartering, selling, peddling, hawking or vending goods, wares and merchandise or other property, or soliciting orders or subscriptions for the sale or purchase thereof, or for work, labor or services to be rendered to residents of or businesses in the Town by going from house to house and/or business to business and/or house to business within the limits of the Town or engaging in any such activities on public property or from a non-permanent location within the Town, whether he or she is the principal or an employee, agent or representative of any other person, firm or corporation, shall first procure a permit to do so as described herein from the Town Clerk or any Deputy Town Clerk.
[Amended 5-22-2018 by L.L. No. 2-2018]
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
A. 
Generally, nothing in this chapter shall apply to sales conducted pursuant to statute or by order of any court or to any person selling personal property at wholesale to dealers in such article.
B. 
The licensing provisions of this chapter shall not apply to merchants having an established place of business within the Town of Niskayuna or their employees; to farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of the products of their own farms or gardens; to any veteran who has procured a license from the State of New York pursuant to § 32 of the General Business Law; to party plans; or to calls in response to a prior invitation.
C. 
Charitable, religious, fraternal and civic organizations.
[Amended 5-22-2018 by L.L. No. 2-2018]
(1) 
This chapter shall not apply to solicitations by charitable, religious, fraternal or civic organizations which have or maintain a regular place of worship, chapter, lodge, troop or other regular meeting place within the Town of Niskayuna or a municipality contiguous to the Town of Niskayuna.
(2) 
Charitable, fraternal, religious or civic organizations not described above shall be exempt from license fees but shall be required to obtain a license and must comply with all restrictions contained in this chapter. Such organizations, while exempt from license fees, will not be exempt from background check fees.
D. 
This chapter shall not apply to a mobile industrial caterer. The term "mobile industrial caterer," as used in this chapter, shall mean and include any retail dealer operating from a motor vehicle with which to travel from place to place on a regularly scheduled basis in order to stop at business locations and construction sites in the Town for the purpose of selling or offering for sale such items as coffee, doughnuts, sandwiches, milk, candy, cigarettes and snacks. A "business location," as used in this definition, shall not mean a retail store or an office area but shall be limited to factories, warehouses and places of manufacturing and construction.
E. 
This chapter shall not apply to any event duly licensed under the Town of Niskayuna ordinance regulating circuses, carnivals and public dance halls.[1]
[1]
Editor's Note: See Ch. 91, Entertainment, Public, Art. I.
[Amended 5-22-2018 by L.L. No. 2-2018]
It shall be unlawful for any person within the corporate limits of the Town of Niskayuna to act as a merchant, dealer, vendor, hawker, peddler, canvasser, or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.
[Amended 5-22-2018 by L.L. No. 2-2018]
A. 
Every applicant for a license under this chapter must file with the Town Clerk a sworn application, in writing, in duplicate, on a form to be furnished by the Town Clerk, which shall give the following information:
(1) 
The name and address of the applicant, both legal and local, if different.
(2) 
The date of birth.
(3) 
The citizenship of the applicant.
(4) 
The social security number of the applicant.
(5) 
A brief description of the nature of the business and the goods to be sold.
(6) 
The expected inclusive dates of soliciting activity.
(7) 
Three photographs of the applicant, two inches by two inches in dimension, taken within 30 days of the date of the application. Such photographs shall show the head, full face and shoulders of the applicant. One copy of the photo shall be attached to the application, one to the license and one shall be delivered to the Chief of Police of the Town of Niskayuna.
(8) 
A list of all other municipalities in which the applicant has peddled within the last three years, giving inclusive dates of such activities; also, a list of previous peddler's license permit numbers, noting which are still in effect.
(9) 
The name and address of the firm or organization represented, if any.
(10) 
An itemized statement of all merchandise or services to be sold or offered for sale, including a price list.
(11) 
A letter of authorization from the firm or organization the applicant purports to represent, if applicable.
(12) 
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
(13) 
A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of any municipal ordinance, state, federal or local law, the nature of the offense and the punishment or penalty assessed therefor.
(14) 
A signed and notarized authorization form allowing the Town to conduct a criminal history search and run a criminal history report with the costs of such report to be covered by the applicant.
(15) 
If applicable, a copy of an up-to-date certificate showing compliance with the State and County Department of Health regulations.
B. 
If the applicant has one or more employees, agents or representatives soliciting in the Town of Niskayuna, the information in Subsection A(1) through (15), inclusive, must be supplied as to each employee, agent or representative. Each employee, agent or representative must appear in person with the completed application and picture I.D. to qualify for a license.
[Amended 5-22-2018 by L.L. No. 2-2018]
An application for a license as a canvasser or solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the Town of Niskayuna approved as to form surety by the attorney employed by the Town Board. The bond shall be in the sum of $1,000 with a sufficient surety or sureties or sufficient collateral security, conditioned for making a 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 canvasser or 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 Town of Niskayuna for a period of 90 days after the expiration of any such license unless sooner ordered by the Town Board.
[Amended 7-18-2000 by L.L. No. 3-2000; 7-27-2010 by L.L. No. 7-2010; 11-23-2010 by L.L. No. 11-2010; 5-22-2018 by L.L. No. 2-2018]
A. 
Upon receipt of such application by the Town Clerk, the Town Clerk shall cause such investigation of the applicant's business and moral character to be made as s/he deems necessary for the protection of the public good.
(1) 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Town Clerk shall endorse on such application his disapproval and the reasons for such disapproval and shall notify the applicant that his application is disapproved and that no license will be issued. No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. Additionally, an incomplete application or an application containing false information may result in denial.
(2) 
If, as a result of such an investigation, the character and business responsibility are found to be satisfactory, the Town Clerk shall endorse on the application his approval and issue a license to the applicant for the carrying on of the business applied for.
B. 
The Town Clerk must notify the applicant of his decision within 15 working days of receipt of the application.
C. 
At the time the applicant picks up his/her license from the Town Clerk, the Town Clerk shall also issue an identification card for the individual licensed and a card for the vehicle to be used in the peddling/solicitation activity. The identification card shall bear the words "Licensed Peddler - Town of Niskayuna," the period for which the license is issued and the number of the license in letters and figures plainly discernible. The identification card shall be attached to the vehicle used by the licensee and shall be worn constantly by the licensee on the front of his or her hat or outer garment in such a way as to be conspicuous during such time as such licensee is engaged in peddling.
D. 
A license shall not be assignable. For all licenses issued pursuant to this chapter, the license issued shall not authorize any person except the designated person named in said license to engage in business thereunder. Said license shall not be transferable from the person to whom it was issued to any other person. A separate license must be obtained by a licensed peddler, hawker, vendor, merchant, canvasser, or solicitor for every employee or agent working for him/her. Any holder of such license who permits it to be used by any other person and any person who used such license granted to any other person shall be guilty of a violation of this chapter.
E. 
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Town Clerk upon filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. A fee of $25 will be charged for a duplicate license.
F. 
Such license shall automatically expire on December 31 of the year following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
G. 
No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least one year shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
H. 
License fees. At the time of filing the application, a fee for the initial application and for each additional employee's application shall be paid to the Town Clerk to cover the cost of investigating and administering the application. In addition, there will be a separate fee per each applicant, employee, agent or representative for conducting a criminal history search. Applications for renewal shall be accompanied by a fee, including a fee for each additional employee, as long as no more than one year has elapsed since expiration of the former license. All fees are nonrefundable. Fees for licenses described in this chapter shall be established from time to time by resolution of the Town Board of the Town of Niskayuna.
I. 
Records. The Town Clerk shall keep a record of all applications, the determinations thereof and all licenses issued and their date of termination and/or revocation and shall maintain a record for each license issued of the reports of violation relative thereto.
[Amended 5-22-2018 by L.L. No. 2-2018; 2-25-2020 by L.L. No. 1-2020]
A. 
Licenses issued by the Town Clerk pursuant to this chapter may be revoked by the Town Clerk after notice and an opportunity to be heard for any of the following causes:
(1) 
Any violation of this chapter.
(2) 
Conviction of any felony, misdemeanor or violation involving moral turpitude.
(3) 
Any fraud, misrepresentation or false statement contained in the application for license or made in the course of carrying on his or her business as a peddler.
(4) 
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.
B. 
If a license is revoked, no refund of any portion of the license fee shall be made.
C. 
Notice of such revocation and the reasons therefor shall be in writing and advise the person of the right to appeal the revocation to the Town Board. The notice shall advise the person that if a hearing is not requested as prescribed in § 151-8 within five days after receipt of such notice of revocation, the license issued by the Town Clerk becomes void, without authority in law and of no legal effect.
D. 
Notice of revocation shall be mailed to the address given in the license application. The notice shall be sent by certified mail, return receipt requested. Possession by the Town Clerk of the US Postal Service receipt indicating delivery of the notice to the addressee, regardless of whether the receipt is signed by the addressee or a third party, shall constitute conclusive proof of the receipt by the addressee of said notice of revocation.
E. 
The five-day period for appealing a notice of revocation shall commence on the date of the delivery of the notice as indicated on the postal receipt. The notice may also be personally served on the addressee, in which event the respective five-day period shall commence on the date of the personal service of the notice.
[Amended 2-25-2020 by L.L. No. 1-2020]
A. 
Any person aggrieved by the action of the Town Clerk in the denial of the application for a license or in the decision with reference to the revocation of a license shall have the right of an appeal to the Town Board consistent with § 137 of the New York State Town Law.
B. 
Such appeal shall be taken by filing with the Town Clerk, within five 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 or its designee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The Town Clerk may suspend any license pending any hearing as herein prescribed.
C. 
The appellant shall have the right to attend the hearing and to present any evidence or information in reply to a denial of the application for a license or a notice of revocation.
D. 
The decision and order of the Town Board on such appeal shall be final and conclusive.
A. 
A licensed vendor, hawker, peddler or solicitor shall:
(1) 
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 of merchandise.
(2) 
Not use a license after the expiration or revocation of the license represented by him.
[Amended 2-25-2020 by L.L. No. 1-2020]
(3) 
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
(4) 
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.
(5) 
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
(6) 
Not permit any vehicle used by him to stop or remain on any crosswalk.
(7) 
Not create or maintain any booth or stand or place any tables, barrels, boxes, crates or other obstructions upon any street, in any street right-of-way or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
(8) 
Not hawk, peddle, vend or solicit orders for goods, wares or merchandise door to door before 10:00 a.m. or after 7:00 p.m. during the time of the year that Eastern standard time is in effect, or after 8:00 p.m. during the time of the year that daylight saving time is in effect, nor shall such peddler or solicitor operate at any time that will cause public annoyance or disturbance of residents within their homes.
[Amended 2-25-2020 by L.L. No. 1-2020]
(9) 
Behave in an orderly and peaceful manner, refraining at all times from aggressive or deceptive sales techniques.
[Amended 2-25-2020 by L.L. No. 1-2020]
(10) 
Immediately depart the premises of a householder, owner or occupant upon being requested to do so.
(11) 
Not remain stopped or standing at any one place that is not a public place or street for a period of time in excess of four hours within any twenty-four-hour period.
(12) 
Not sell at Niska-Day or other public events noxious materials, including but not limited to poppers, snappers, silly string, or aerosol cans designed to eject any liquid, nor any imitation weapons.
[Added 5-19-2008 by L.L. No. 3-2008]
(13) 
Be required to carry the original license issued to him/her (no photocopies will be allowed) with him/her at his/her business premises while engaged in the business licensed. The licensee must produce the license at the request of any official of the Town and of any person of the Town with whom the licensee wishes to conduct his/her said business.
[Added 5-22-2018 by L.L. No. 2-2018]
(14) 
All food and beverages which shall be sold or offered for sale from a mobile unit shall comply with all laws and local ordinances relating to food and food products.
[Added 5-22-2018 by L.L. No. 2-2018]
(15) 
All mobile food unit vendors shall keep the vehicles and receptacles that are used in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
[Added 5-22-2018 by L.L. No. 2-2018]
(16) 
All mobile food unit vendors must adhere to New York State Public Health Law § 225 and guidelines established by New York State Department of Health regulations on mobile food service establishments and food carts.
[Added 5-22-2018 by L.L. No. 2-2018]
(17) 
Not state or imply that the issuance of the license in any way represents approval, endorsement or guarantee by any part of the Town of Niskayuna.
[Added 2-25-2020 by L.L. No. 1-2020]
B. 
No peddler shall erect any sign.
C. 
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall any be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[Added 11-23-2010 by L.L. No. 11-2010]
A. 
A person shall be permitted to stop, stand or park a motor vehicle on a public street in the Town of Niskayuna for the purpose of selling or offering for sale any frozen desserts directly from the vehicle pursuant to the following schedule and subject to the time limitations in Subsection D; except for November 1 through March 31 of the following year, when it shall be unlawful to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts on any day.
[Amended 4-25-2017 by L.L. No. 5-2017]
(1) 
Beginning April 1 until the last day of school, as designated by the official calendar of the Niskayuna Central School District, it shall be unlawful to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts on any day other than Saturday and Sunday.
(2) 
Beginning the day after the last day of school, as designated by the official calendar of the Niskayuna Central School District, through Labor Day, as designated by the official calendar of the Niskayuna Central School District, it shall be lawful to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts on any day.
(3) 
Beginning the day after Labor Day until October 31, it shall be unlawful to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts on any day other than Saturday and Sunday.
(4) 
Beginning November 1 through March 31 of the following year, it shall be unlawful to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts.
B. 
For purposes of this chapter, "frozen desserts" shall mean ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, ice milk, artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, water ices, non-fruit water ices, quiescently frozen confection, quiescently frozen dairy confection, manufactured desserts mix, frozen confection, mellorine frozen dessert, parevine, frozen yogurt, freezer-made shakes, freezer-made milk shakes, lo-mel and dietary frozen dessert as all such products are commonly known, together with any mix used in such frozen desserts and any products which are similar in appearance, odor or taste to such products, or are prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or nondairy products.
C. 
All motor vehicles used for the purpose of selling or offering for sale any frozen desserts shall be in compliance with the provisions of § 375 of the Vehicle and Traffic Law and Article 4-A of the Agriculture and Markets Law. All persons must be licensed by the Town of Niskayuna pursuant to Chapter 151 of the Town Code prior to operating a motor vehicle for the purpose of selling or offering for sale any frozen desserts.
D. 
Notwithstanding § 151-9A(8), it shall be unlawful for a licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts to sell or offer for sale any frozen desserts outside the hours: during summer (last day of school through Labor Day), the hours of 12:00 noon and 8:30 p.m.; during the school year (April 1 through the last day of school and the day after Labor Day until October 31), the hours of 4:00 p.m. and 8:30 p.m. Monday through Friday, and 12:00 noon and 8:30 p.m. on Saturday and Sunday. Further, a licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts shall not be permitted to sell or offer for sale such frozen desserts on public highways that are not Town of Niskayuna roadways.
[Amended 4-25-2017 by L.L. No. 5-2017]
E. 
A licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts is prohibited from vending in a manner that interferes with pedestrian or vehicular traffic or other legitimate business in the Town of Niskayuna.
F. 
A licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts shall not directly or indirectly, cause or permit the public street, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
G. 
A licensed vendor, hawker, peddler or solicitor who operates a motor vehicle for the purpose of selling or offering for sale any frozen desserts shall be prohibited from operating any loudspeaker, public address system, sound amplifier or similar device to attract the attention of the public.
H. 
A vendor, hawker, peddler or solicitor who applies for a license pursuant to Chapter 151 of the Town Code to operate a motor vehicle for the purpose of selling or offering for sale any frozen desserts shall file with the Town Clerk a certificate of insurance (or a duplicate of an insurance policy) on each and every vehicle for which an application is made. The policy or certificate shall name the Town of Niskayuna as an additional insured and shall be filed prior to issuance of a license. Such proof of insurance shall identify each vehicle covered by such policy or certificate according to vehicle identification number. Cancellation or lack of insurance shall be cause for immediate suspension of any license under this chapter. Commercial general liability insurance coverage shall be at least in the amount of $2,000,000 for general aggregate (other than products/completed operations aggregate) and products/completed operations aggregate and $1,000,000 for personal and advertising injury liability, and each occurrence. Automobile liability insurance coverage shall be at least in the amount of $1,000,000.
A. 
Any person committing an offense against this chapter or any section or provision thereof is guilty of a violation and shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both.
B. 
In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense of this chapter, each such offense may be subject to a civil penalty not to exceed $250, to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues shall be subject to a separate civil penalty.
The Town of Niskayana Police Department or any police officer shall enforce the provisions of this chapter. It shall be the duty of any police officer to require any person seen peddling and who is not known by such officer to produce his license in order to determine if that person has complied with this chapter. Failure to produce such a license constitutes prima facie evidence of a violation of this chapter.