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:
HAWKER AND PEDDLER
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.
SOLICITOR
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.
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.
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.
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. When a license shall be revoked, no refund of any unearned
portion of the license shall be made.
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.
Any violation of any provision of this chapter shall be punishable as provided by Chapter
1, §
1-18 of this Code.
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.