[HISTORY: Adopted by the City Council of
the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 17 of the 1991
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Peddlers and Solicitors Ordinance of the City of Auburn, New
York."
As used in this chapter, the following terms
shall have the meanings indicated:
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 barters, 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, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or 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 any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order
of any court.
(2)
Any person selling personal property at wholesale
to dealers in such articles.
(3)
Merchants or their employees delivering orders to
customers at their residence or place of business.
(4)
Persons under the age of 18 years.
(5)
Peddling of meats, fish, fruit and farm produce by
farmers and persons who produce such commodities.
(6)
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.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall
register annually with the City Manager in the event they plan 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. It shall be the responsibility of such organizations
to furnish identification for their representatives which must be
exhibited upon demand.
C.
Interstate commerce; certificate of compliance.
(1)
This chapter shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce shall apply to the City Manager for a certificate of compliance, using the form of application described in § 221-5. The applicant shall also submit to the City Manager satisfactory evidence that he or she is engaged in interstate commerce.
(2)
When the applicant shall have established to the satisfaction
of the City Manager that he or she is engaged in interstate commerce,
the City Manager shall issue to him or her, 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 or she is engaged in interstate commerce. 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 any person not in fact engaged in interstate
commerce shall constitute a violation of this chapter.
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 the same without first having obtained
and paid for and having in force and effect a license therefor.
A.
Any person desiring to procure a license as herein
provided shall file with the City Manager a written application upon
a form furnished by the City Manager and shall file at the same time
satisfactory proof of good character. Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he or she
desires to sell or the kind of service he or she desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of
a misdemeanor or felony and, if so, the date of conviction, nature
of the offense, penalty imposed and name and address of the court.
(6)
The name and address of the person, firm or corporation
he or she represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the City
Manager to substantiate the above items.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
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 Corporation Counsel as
to form and surety 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 solicitor shall have 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 Council.
[Amended 8-20-2015 by Ord. No. 5-2015; 4-20-2017 by L.L. No. 2-2017]
A.
Upon the filing of the application, bond and certificate as provided in the preceding sections, the City Manager shall, upon his or her approval of such application, issue to the applicant a license as provided in § 221-4, License required. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B.
Before issuing a license, the applicant shall be referred to the
Auburn Police Department Identification Bureau for the purpose of
scheduling an appointment for submission of civilian fingerprints.
C.
The applicant's fingerprints and any applicable fees shall be
forwarded to the Division of Criminal Justice Services (DCJS) in the
form and manner as prescribed by DCJS for a complete criminal background
check. Applicants are responsible for all fees associated with the
fingerprint submission. Applicants may contact the Auburn Police Department
I.D. Bureau for a fee schedule.
D.
Before issuing a license, the City Manager shall refer the application
to the Chief of Police for investigation. The Chief of Police or his
authorized designee shall review all information provided by DCJS
in connection with the applicant's criminal background and investigation
and will either "Approve" or "Disapprove" said application.
E.
If the applicant has been convicted of a misdemeanor or felony which
is determined to render the applicant unfit to carry on the aforesaid
operation, proper consideration will be given to New York State Correction
Law §§ 701 through 703-b (or Correction Law Article
23) and §§ 751 through 753 (or Correction Law Article
23-A) in making any such determination.
F.
Appeal to Council. Any applicant who has been refused a license by
the City Manager may apply to the Council therefor, and the same may
be granted or refused by the Council.
A license shall not be assignable. Any holder
of such license who permits it to be used by any other person, and
any person who uses such license granted to any other person, shall
each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed
on the part of the holder or his or her agent or employee, a duplicate
in lieu thereof under the original application and bond may be issued
by the City Manager upon the filing with him or her by the licensee
of an affidavit setting forth the circumstances of the loss and what,
if any, search has been made for its recovery.
All licenses shall be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in the order in which they are issued, and shall state clearly the
kind of vehicle to be used, the kind of goods, wares and merchandise
to be sold or service to be rendered, the number of the license, the
date of issuance and expiration of the license, the fee paid and the
name and address of the licensee.
Such licenses shall automatically expire on
December 31 following the date of issuance of such license, but such
licenses may specifically state and provide for an earlier expiration
date.
A.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 18 years of age. No
applicant to whom a license has been refused or who has a license
which has been revoked shall make further application until a period
of at least six months shall have elapsed since the last previous
rejection or revocation, unless he or she can show that the reason
for such rejection no longer exists.
B.
Every licensee, while exercising his or her license,
shall carry the license with him or her and shall exhibit the same
upon demand.
A.
The license fee for each person licensed as a hawker,
peddler or solicitor shall be $100 per annum, or fraction thereof.
B.
The license fee for each person licensed to assist
a hawker, peddler or solicitor shall be $50 per annum, or fraction
thereof. For the purpose of this chapter, a person who assists a hawker,
peddler or solicitor shall be deemed to be any person who participates
in delivering merchandise or any other items sold, performs any services
in or about the customer's premises or otherwise generally renders
aid or assistance, except participation in selling or soliciting orders.
C.
A license fee shall not be required of any honorably
discharged veteran of World War I, World War II, the Korean War or
the Vietnam War.
The City Manager may, at any time, for a violation
of this chapter or any other provision of this Code or any law, suspend
or revoke any license issued hereunder as provided by law.[1] When a license shall be revoked, no refund of any unearned
portion of the license shall be made.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his or her trade to ring the bell or knock upon or enter
any building whereon there is painted or otherwise affixed or displayed
to public view any sign containing any or all of the following words:
"No Peddlers," "No Solicitors," "No Agents," or other wording, the
purpose of which purports to prohibit peddling or soliciting on the
premises.
C.
No peddler or solicitor shall peddle, vend, or sell
his or her goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he
or she permit his or her cart, wagon or vehicle to stand on any public
highway within said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the City.
E.
No peddler or solicitor shall blow a horn, ring a
bell or use any other noisy device to attract public attention to
his or her wares, or shout or cry out his or her wares.
F.
It shall be unlawful to 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 or merchandise.
G.
No peddler or solicitor shall represent or state or
otherwise indicate that he or she is not intending to sell or otherwise
enter into a contract with any person in the household.
H.
Entry on private residential premises.
(1)
Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the
City of Auburn for the purpose of vending, peddling or soliciting
an order for any merchandise, device, work, services, book, periodical
or printed matter whatsoever; nor for the purpose of soliciting alms
or a subscription or a contribution to any church, charitable or public
institution; nor for the purpose of distributing in person any handbill,
pamphlet, tract, notice or advertising material; nor for the purpose
of selling or distributing any ticket or chance whatsoever without
the consent of the occupant of said premises previously given.
I.
Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
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 made in duplicate, stating the
terms thereof and the amount paid in advance, and one copy shall be
given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the City Manager 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 fee paid and the date of suspension and/or revocation
of all licenses suspended or revoked.
In addition to the foregoing, the court may
also suspend or revoke any license of any person convicted of violating
any provisions of this chapter.
