It shall be illegal for any person to publicly
sell, hawk or peddle any articles of merchandise, including any property
not considered articles of merchandise, on any street located within
the territorial boundary of the Town of Hyde Park without first having
obtained a license from the Town Clerk as hereinafter provided, except
as exempted herein.
All licensees desiring to renew their licenses
shall make application to the Town Clerk of the Town of Hyde Park
at least 60 days prior to the termination of their existing license,
together with the necessary fee for said renewal as hereinafter set
forth. The Town Clerk shall refer all applications for said renewal
to the Town Board, who shall approve or disapprove the same. Upon
the approval by the Town Board, the Town Clerk shall be authorized
to issue a new license, which shall terminate as hereinafter set forth.
[Amended 1-1-2007 by L.L. No. 2-2007; 2-22-2021 by L.L. No. 2-2021]
Under this chapter, the fees shall be set by resolution of the
Town Board. All fees will be collected by the Town Clerk.
It shall be illegal for any person licensed
under this chapter to remain in one location for any period longer
than is actually necessary for the conduct of said business licensed
hereunder.
No license issued under the provisions of this
chapter may be used or displayed at any time by any person other than
the person whose name and picture appears on the license.
It shall be the duty of any police officer of
the Town of Hyde Park to require any person seen peddling or soliciting
and who is not known by such police officer to be duly licensed to
produce his/her peddler's license and to enforce the provisions of
this chapter against any person found to be violating the same.
[Added 2-22-2021 by L.L. No. 2-2021]
A. Any person
aggrieved by the action of the Town Board in refusing or revoking
a license as provided in this chapter shall have the right to appeal
to the Town Board within 14 days of the refusal or revocation of the
license.
B. The Town
Board shall set a date, time and place for the hearing on such appeal,
and notice of such hearing shall be mailed to the applicant by regular
mail and certified mail at the applicant's address as shown on the
application at least 10 days prior to the date set for the hearing.
C. The applicant
shall be provided with an opportunity to be heard at the public hearing,
and to present evidence and/or arguments as to why the application
should not have been denied or revoked, as the case may be.
D. If after
the conduct of the public hearing the Town Board determines that the
license should be granted, or the revocation of the license should
be withdrawn, the applicant and the Town Clerk shall be so notified
within 10 days after the date of determination of the Town Board,
and the Town Clerk shall issue or reissue the license, as the case
may be. In the event the Town Board determines to sustain its original
refusal to issue the license or its revocation of the license, the
applicant shall be provided notice of such determination within 10
days of the date of close of the hearing, and the applicant shall
have the right to a review of such determination pursuant to the provisions
of Article 78 of the Civil Practice Law and Rules of the State of
New York, but any such proceeding must be commenced within 30 days
after the mailing of the notice of the action sought to be reviewed
and the filing of the same in the Town Clerk's office.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to a penalty not
to exceed $250 or to an imprisonment for a term not to exceed 15 days,
or both. The continuance of an offense for each twenty-four-hour period
shall be deemed a distinct and separate violation.