As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where the person transacts
business and deals in the goods, wares or merchandise he hawks, peddles or
solicits for during regular hours of business daily or the home of an individual
residing in Tompkins County who accepts orders for merchandise but accepts
no payment until the time of delivery.
HAWKER and PEDDLER
Includes any person, either principal or agent, who, in any public
street or public place, or by going from house to house on foot or on or from
any vehicle or animal, sells or barters, offers for sale or barter, or carries
or exposes for sale or barter any goods, wares or merchandise, except milk,
newspapers, periodicals and nonprocessed foods.
PRIVATE SALE
Includes any sale of personal goods, by the owner of such at their
place of residence (such sales are sometimes referred to as "garage sales,"
"lawn sales," etc.).
SOLICITOR
Includes any person who solicits publicly, goes from place-to-place
or house-to-house, requests or accepts orders by telephone or who stands in
any street or public place taking or offering to take orders for goods, wares
or merchandise, 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.
TRANSIENT BUSINESS
Includes one conducted in a store, hotel, motel, house, building,
structure, on property owned by another or one conducted house-to-house or
one conducted by telephonic communications for the sale or purchase at retail
of goods, wares and merchandise, excepting food products, and which is intended
to be conducted for a temporary period of time, and not permanently.
It shall be unlawful for any person, except as provided in §
127-3 below, within the county limits to act as a hawker, peddler or solicitor or to conduct a transient business as herein defined without first having obtained and paid for, and having in force and effect, a license therefor.
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: for one year, $50;
for any period less than one year, at the rate of $10 per month, except that
the minimum fee shall be $20.
(2) For each additional vehicle so used by any one licensee:
for one year, $25; for any period less than one year, at the rate of $5 per
month, except that the minimum fee shall be $10.
B. Where no vehicle is used by the applicant, or where an additional license is required by Subsection
A of §
127-7 hereof: for one year, $25; for any period less than one year, at the rate of $5 per month, except that the minimum fee shall be $10.
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 represents, shall be given
to the purchaser at the time the money is paid to or deposited with such individual
or firm.
Any person or firm permitted to conduct business under the provisions
of this chapter shall file and attest to its accuracy a report containing
the gross amount of sales for each week or portion thereof that such business
is conducted. This report is to be filed on or before 12:00 noon, on Monday
or the first business day of each week for any portion of the preceding week
in which sales were made. The report is to be filed with the County Clerk
unless otherwise stipulated. The bond will not be returned until the report
has been filed.
The violation of the provisions of this chapter shall constitute an
offense, and a person guilty of such offense may be punished by a fine not
exceeding $1,000 or by imprisonment not exceeding 30 days, or by both fine
and imprisonment.
This chapter shall not supersede the local law of any other municipality
in effect now and hereinafter adopted.