As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which a person transacts business
and deals in the goods, wares, publications and merchandise he hawks, peddles
or solicits for during regular business hours.
HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place or by going
from house to house or place of business, on foot or on or from any animal
or vehicle standing in a street or highway, sells or barters or offers for
sale or barter any goods, wares, publications or merchandise, except as hereinafter
exempted.
PERSON
Includes one (1) 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.
SOLICITOR
Includes any person who goes from place to place or house to house
or who stands in the street or public place taking or offering to take orders
for goods, wares, publications or merchandise, except as hereinafter exempted,
or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court; to any person selling personal
property at wholesale to dealers in such articles; to merchants having an
established place of business within the Town of Marlborough or their employees;
to the peddling of meats, fish, fruits, vegetables and similar produce by
farmers and persons who produce such commodities; to dealers in milk, baked
goods, heating oil and daily newspapers; to any honorably discharged member
of the armed forces of the United States who has procured a license as provided
by the General Business Law of the State of New York; or to any person soliciting
or collecting for any bona fide nonprofit or charitable organization. This
chapter shall also not apply to, so as unlawfully to interfere with, interstate
commerce.
The license fee to hawkers, peddlers or solicitors shall be an amount
as set by resolution of the Town Board.
Any licensee using a horse and wagon or motor vehicle may employ not
more than two (2) persons to assist in selling and delivering wares, but such
person shall so act only while accompanying a licensed peddler, hawker or
solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor in or
about his business shall have the name of the licensee and his address plainly,
distinctly and legibly painted in letters and figures at least two (2) 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 printed plainly and distinctly
at all times while such vehicle is in use during the continuance of the license.
A licensed hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B. 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.
C. Not stand or permit the vehicle used by him to stand
in one (1) place in any public place or street for more than ten (10) minutes
or in front of any premises for any time if the owner or lessee of the premises
objects.
D. Not sell any confectionery or ice cream within five hundred
(500) feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
E. Not permit any vehicle used by him to stop or remain
on any crosswalk.
F. 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, publications
or merchandise.
G. 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.
H. Not enter upon private or public property for the purpose
of peddling, hawking or soliciting before the hours of 9:00 a.m. of any day
or after the hour of 9:00 p.m. of any day, except upon the invitation of the
householder or occupant, nor at any time on Sundays or holidays.
[Amended 3-28-1977]
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing,
in duplicate, stating the terms thereof and the amount paid in advance, and
one (1) copy shall be given to the purchaser at the time the payment or deposit
of money is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter, giving the
number and date of each license, the name and address of the person licensed,
the amount of the license fee paid and the date of revocation of all licenses
revoked.
[Amended 3-28-1977]
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen
(15) days, or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.