Town of Berne, NY
Albany County
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[HISTORY: Adopted by the Town Board of the Town of Berne 2-8-1967. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Includes a building or store in which the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours.
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 to place of business, on foot or on or from any animal or vehicle standing in a street or highway, sells or barters, offers for sale or barter or carries or exposes for sale or barter, any goods, wares, or merchandise, except as hereinafter exempted.
Includes one 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.
Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares 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 or their employees, or to the peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities produced within the Town or to dealers in milk, baked goods, heating oil and daily newspapers, or to persons soliciting or collecting for any bona fide charitable organization. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person, within the territorial limits of the Town, to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for, and having in force and effect, a license therefor.
Every applicant for a license as herein provided shall submit to the Town Clerk a written application, under affidavit, setting forth the following information:
That he is a citizen of the United States;
That he has never been convicted of a felony or misdemeanor (or if so, giving the details);
A detailed statement of the particular business, trade or occupation for which the license is requested;
The number and kind of vehicles, if any, to be used by the applicant in carrying on the business for which the license is requested;
The kinds of goods, wares and merchandise he desires to sell or the kind of service he desires to render;
The name, address and age of the applicant; the name and address of the person, firm or corporation he represents;
The names and addresses of the principal officers, if a corporation, and the name and address of a person upon whom a legal notice may be served; and
Such other information as may be required by the Town Clerk.
Upon the filing of the application, as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 138-3, signed by the Town Clerk. Except as hereinafter provided, no licenses shall be refused except for a specific reason for the protection of public safety, health, morals or general welfare. 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 be guilty of a violation of this chapter. Such license shall automatically expire on January 1 following the date of issuance of such license, but such license may provide for an earlier expiration date. 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 had 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 can show that the reason for such rejection or revocation no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand to any police officer or citizen.
The license fee for hawkers, peddlers or solicitors shall be as set from time to time by resolution of the Town Board.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any licensee using a horse and wagon or motor vehicle may employ not more than two persons to assist in selling and delivering the wares, but such persons 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 displayed on his vehicle at all times while such vehicle is in use during the continuance of the license.
Upon the refusal of the Town Clerk to issue a license to any applicant or upon the determination of the Town Board that any license should be revoked, the procedure prescribed in § 137 of the Town Law shall be complied with. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason therefor in writing shall be served by the Town Clerk upon the person named in the application or by mailing the same to the address given in the application, and a copy of such notice shall be filed with the Town Clerk.
A licensed hawker, peddler or solicitor shall:
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.
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.
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner or any lessee of the premises objects.
Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
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 or merchandise.
Not blow a horn, ring a bell or use any other noisy devise to attract public attention to his wares, or shout or cry out his wares.
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 copy shall be given to the purchaser at the time the 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 residence of the person licensed, the amount of the license fee paid, and also the date of revocation of all licenses revoked.
Any person who, himself or by his agent, or employee, shall act as a hawker, peddler or solicitor as herein defined, without a license, or shall violate any of the provisions of this chapter, or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor, shall, upon conviction, be punished by a fine of not less than $5 or more than $50, and each day on which such violation continues shall constitute a separate offense.