[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985
as Ch. 51 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 166.
Pursuant to authority conferred by Article 9 of the Town Law, and for
the purpose of promoting the health, safety, morals and general welfare of
the community, and the peace and good order thereof, the Town Board of the
Town of Cheektowaga has ordained and hereby does enact the following chapter
regulating soliciting, hawking and peddling in the Town of Cheektowaga, outside
the corporate limits of the Villages of Sloan and Depew.
For the purpose of this chapter, certain words used herein are defined
as follows:
Includes, except as hereinafter expressly provided, any person, whether
a resident of the Town of Cheektowaga or not, not having been requested or
invited to do so by the owner or owners, occupant or occupants, traveling
by foot, wagon, automotive vehicle or any other type of conveyance from place
to place, from house to house or from street to street, carrying, conveying
or transporting goods, wares, merchandise, magazines, periodicals, meat, fish,
vegetables, fruits, garden truck farm products or provisions, offering and
exposing the same for sale, or making sales and delivering articles to purchasers,
or delivering advertising matter or so-called handbills, or who offer services,
or who, without traveling from place to place, shall sell or offer the same
for sale, from wagon, automotive vehicle, railroad car or other vehicle or
conveyance; and further provided that one who solicits orders as a separate
transaction and who makes deliveries to purchasers shall be deemed a "peddler"
subject to the provisions of this chapter. The word "peddler" shall include
the words "hawker" and "huckster." The word "peddler" shall also include a
person or corporation conducting transient business, as that term is defined
in § 85-a of the General Municipal Law, within the Town of Cheektowaga.
[Amended 11-18-1991]
One or more person of either sex, natural persons, corporations,
partnerships, firms, associations, joint-stock companies, clubs, societies
and all other entities of any kind.
It shall be unlawful for any person to engage in the business of peddler, as defined in § 179-2, within the Town of Cheektowaga, outside of the corporate limits of the Villages of Sloan and Depew, without first obtaining a permit as provided herein. It shall also be unlawful for an applicant to obtain a permit through fraud, misrepresentation or false statement on his application. It shall also be unlawful for a licensee to commit fraud, make misrepresentations or false statements in the course of carrying on his business as peddler.
Applicants for a license under this chapter must file with the Town
Clerk a sworn application, in duplicate, on a form to be furnished by the
Town Clerk, which shall give the following information and such other information
as the Town Clerk may deem pertinent:
A.
The name and description of the applicant setting forth
the applicant's age, height, weight and color of hair and eyes.
B.
The address of the applicant.
C.
A brief description of the nature of the business, and
the kind of goods or services to be peddled.
D.
A statement as to whether or not the applicant has ever
been convicted of any crime or misdemeanor or any violations of any municipal
ordinance, the nature of the offense and the punishment or penalty therefor.
E.
Two photographs of the applicant, taken not more than
60 days prior to the date of filing of the application, which pictures shall
be two by two inches showing the head and shoulders of the applicant in a
clear distinguishing manner.
F.
A statement that the applicant is a citizen of the United
States and whether citizenship was obtained by birth or naturalization. If
by naturalization, the date and place where obtained shall be stated.
G.
If employed by the owner of a licensed vehicle, the name
and address of such employer, together with credentials establishing the exact
relationship. If the applicant is a company, each employee must obtain a permit.
H.
A statement as to the period during which the applicant
intends to peddle and, if applicable, the address(es) or location(s) from
which the applicant intends to peddle and the name(s) and address(es) of the
owner(s) of such property. If the applicant proposes to operate from an established
location and the property is not owned by the applicant, the written consent
of the owner to such hawking and peddling by the applicant must be attached
to the application.
[Amended 11-18-1991]
A.
If the application should disclose that the applicant
has been convicted of a felony or if the application should disclose the applicant
to have been convicted of a misdemeanor, which misdemeanor, in the judgment
of the Town Clerk, renders the applicant unfit or undesirable, the Town Clerk
shall notify the applicant that his application is disapproved, and no permit
will be issued on said application.
B.
The Town Clerk may refuse to issue a license to a person
who, in the judgment of the Town Clerk, is an undesirable person or incapable
of properly conducting himself as a peddler.
C.
If the application discloses that the applicant has not
been convicted of a felony or a misdemeanor as defined above and if the Town
Clerk does not determine the applicant to be an undesirable person or persons
or incapable of properly conducting himself as a peddler, upon approval by
the Town Clerk and the payment of the prescribed fee by the applicant, the
Town Clerk shall prepare and deliver to the applicant his permit. Such permit
shall contain the Seal of the town and the signature of the issuing officer
and shall show the name, address and photograph of the licensee, the kind
of goods to be peddled thereunder, the fee paid, the permit number, the date
of issuance and the date of expiration of such permit. Such permit shall state
that the issuance of the same does not constitute an endorsement of the product.
D.
The Town Clerk shall keep a record of all permits issued.
E.
No permit shall be issued to a person under 18 years
of age.
A.
The fee for each person proposing to peddle, whether
on foot, from a vehicle or otherwise, shall be $100.
[Amended 11-18-1991]
B.
The fee herein provided for shall be assessed on a six-month
basis, but any such permit may be renewed for additional six-month periods
upon payment of additional fees. There shall be no prorating of or reduction
in fees for fractional periods of a six-month period.
[Amended 11-18-1991]
C.
The permit shall be revoked automatically upon conviction
of a violation of any of the provisions hereof.
Every peddler licensed under this chapter shall have his permit in his
immediate possession at all times when peddling and shall display the same
upon demand by any person.
No permit issued herein may be transferred from one person to another.
The following solicitations and persons are exempted from obtaining
a permit.
A.
Solicitations or distributions for charitable, religious,
political or municipal organizations or other nonprofit groups which are not
for pecuniary benefit and no part of the earnings of which inure to the benefit
of any individual.
B.
The peddling of meats, fish, fruit and farm products
by farmers and persons who produce such commodities.
C.
Honorably discharged veterans of the Armed Forces of
the United States who have obtained a veteran's license pursuant to § 32
of the General Business Law.
D.
Persons maintaining a regular delivery route in the Town
of Cheektowaga.
E.
A person or persons licensed by the State of New York
to conduct the specific business or businesses to which the provisions of
this chapter would otherwise be applicable.
F.
Commercial salesmen or deliverymen calling exclusively
upon retail or wholesale establishments or other business firms within the
Town of Cheektowaga.
G.
Representatives of the United States government or any
political subdivisions thereof, acting in the carrying out of their regular
duties.
It shall be the duty of any police officer of the Town of Cheektowaga
to require any person seen peddling and who is not known by such police officer
to be duly licensed, to produce his peddler's permit, and to enforce
the provisions of this chapter against any person found to be violating the
same.
Any person violating any provisions of this chapter shall be guilty
of an offense punishable as follows: by imprisonment for a term not exceeding
30 days or by a fine not exceeding $50, or by both. Each and every day upon
which said person shall continue to violate any of the provisions of this
chapter shall constitute a separate and distinct offense hereunder.
The provisions of this chapter are declared to be severable, and if
any section, sentence, clause or phrase of this chapter shall for any reason
be held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, sentences, clauses and phrases of
this chapter, but they shall remain in effect, it being the legislative intent
that this chapter shall stand notwithstanding the invalidity of any part.
Prior ordinances or parts thereof which are inconsistent herewith are
hereby repealed.
This chapter shall become effective 10 days after publishing and posting
as required by statute.
