[HISTORY: Adopted by the Town Board of the Town of Bethlehem 3-13-1996
by L.L. No. 3-1996. Amendments noted where applicable.]
For the purpose of this chapter, the words used herein are defined as
follows:
A building, commercial or residential, in which or where a person
transacts business and deals in goods, wares, merchandise or services, which
shall have been in operation for at least 90 days.
One or more persons of either sex, a firm, a partnership, a corporation
or any individual representative or agent thereof with proper identification
(ID), such as a driver's license or photo ID with proper addresses.
Any person who, by means of telephone, by going door-to-door or by standing
in any street or public place:
Offers to sell merchandise, wares or other goods.
Takes orders for the future delivery of merchandise, wares or other
goods.
Offers to purchase goods, wares or other articles of value.
Offers to perform services immediately or at any future date or offers
to make, manufacture or repair any article or thing whatsoever for future
delivery.
Offers to make a future appointment for any of the above purposes.
For the purpose of this chapter, the following terms shall be considered
synonymous with "solicitor": hawker, peddler, itinerant, merchant, transient,
vender, purveyor and door-to-door salesman.
Car, truck, van, pushcart and trailer.
It shall be unlawful for any person to solicit, as defined in § 86-1, within the Town of Bethlehem without first having registered with the Town Clerk and having received and having in force and effect a license for the same if such be required by said Town Clerk.
The following persons or organizations shall be exempt from the provisions
of this chapter:
A.Â
Merchants or solicitors having an established place of
business within the Town or their employees while acting within the scope
of their employment and not having another use.
B.Â
Farmers and truck gardeners or their employees who sell
or deliver products of their own farms and gardens.
C.Â
Religious, charitable and nonprofit organizations.
A.Â
Any person desiring to procure a license or to register
to solicit in the Town of Bethlehem shall file with the Town Clerk and Building
Inspector a written application, together with an employer's authorization
if required, sworn to before a notary public, upon a form approved by the
Town Board.
B.Â
If the Town Clerk shall approve the application, he or
she shall, within five days, issue a license or registration card signed by
him, authorizing the holder thereof to conduct business under the terms of
this chapter. In the event that the application shall be denied, the Town
Clerk shall state the reasons therefore. Any license issued hereunder shall
not be assignable, and any holder of a license who permits it to be used by
any other persons, and any other person who uses it, shall be guilty of a
violation of this chapter.
C.Â
No license shall be granted to a person under 18 years
of age. No license shall be issued to a person who has been refused a license
within the past 12 months or who has had a license revoked within the past
12 months unless he can show that the reasons for such rejection or revocation
no longer exist. Every licensee, while conducting business, shall carry the
license and exhibit the same upon demand.
D.Â
No license shall be issued to any individual whose merchandise
to be sold on the streets of the Town consists of souvenirs such as artificial
flowers to be worn as boutonnieres, small replicas of the American Flag or
a facsimile thereof or any other souvenirs of a patriotic nature unless sponsored
by one of the bona fide local veterans' organizations.
E.Â
No license shall be issued to any person standing or
selling in parking lots, on sidewalks or rights-of-way.
A.Â
The Town may at any time, for cause shown or for a violation
of this chapter of any other law, immediately revoke any license by delivering
to the licensee, either in person or by mailing address given in the application,
notice of such revocation in writing and stating therein the reason or reasons
for such revocation. A license so revoked shall be returned to the Town Clerk
within four days of revocation.
B.Â
The refusal of a solicitor to leave private premises
after a request by the owner or lawful occupant or the solicitation of persons
other than between the hours of 9:00 a.m. and 6:00 p.m. or sundown, whichever
is later, shall be cause for revocation. The licensee shall be entitled to
a hearing before the Town Board upon any claim that a license was wrongly
revoked or refused.
A.Â
The license fee for solicitors shall be $75 per person
as an annual license fee. In addition, those solicitors who use vehicles shall
pay an annual fee of $100 for each vehicle.
B.Â
Any veteran of the Armed Forces of the United States
holding a peddlers license provided for in Article 4 of the General Business
Law shall not be required to pay any license fee whatever, but shall be required
to register with the Town Clerk.
C.Â
All licenses shall expire December 31 of each year and
must be renewed by payment of another annual fee.
D.Â
All applicants for food licenses shall exhibit to the
Town a permit from the Albany County Department of Health at the time of application
hereunder.
E.Â
All vehicles which will be used or involved in soliciting
shall at the time of application have a valid license and registration.
F.Â
All places of sale or soliciting shall be handicapped
accessible.
G.Â
All premises licensed hereunder shall be in conformity
with New York State Uniform Fire Prevention and Building Code.
Every vehicle used by a licensee hereunder shall bear, prominently displayed
on both sides of the vehicle in letters and figures at least two inches in
height, the name of the licensee and his address. Such lettering and figures
shall be maintained so that they can be plainly and distinctly read at all
times while such vehicle is in use during the continuance of the license.
Any licensee using a vehicle shall employ only a registered or licensed person
in selling and delivering wares and other merchandise.
A licensee or his employee shall not:
A.Â
Create or maintain any booth or stand or place any barrels,
boxes, crates or other obstruction upon any street, sidewalk or public place
for the purpose of conducting business.
B.Â
Sell or conduct business of any kind within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on days school
is in session.
It shall be the duty of the Town Clerk to keep a record of all applications
received and all licenses granted under the provisions of this chapter, in
which shall be recorded the names and addresses of persons licensed, the amount
of fees paid and all other pertinent data concerning the issuance of licenses
under this chapter. All licenses issued and all records pertaining thereto
shall contain, in addition to the name and address of the licensee, the kind
of goods, wares and merchandise to be sold or the nature of the services to
be rendered and the date of expiration of said license.
A.Â
Any person who, himself or through an agent or employee,
shall act as a solicitor as herein defined without registering with the Town
Clerk or obtaining a license, if said Clerk shall require one, or who, having
had his license revoked, shall continue to act as a solicitor shall, upon
conviction, be punished by a fine of not more than $250, and each day on which
such violation continues shall constitute a separate offense.
B.Â
Any person who, himself or through an agent or employee,
shall violate the provisions of this chapter shall, upon conviction, be punished
by a fine of not to exceed $250 for the first offense and not to exceed $500
for each subsequent offense.
C.Â
Any violation of the provisions of this chapter shall
be deemed an offense.