Town of Milton, NY Peddling and Soliciting

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.

SOLICITOR

Includes any person who goes from place to place or house to house or who stands in any street or public place or place generally accessible to the public taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article of thing whatsoever for future delivery.

VENDOR, HAWKER AND PEDDLER

Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car or on a railroad tract or in any public street or public place or place generally accessible to the public 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, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except milk or newspapers.

§ 129-2 Exempted activities.

Nothing in this chapter shall apply to sales conducted pursuant to statute or by order of any court or to any person selling personal property at wholesale to dealers in such articles or to any persons selling personal property from their home if these sales do not exceed more than six days per year.

The licensing provisions of this chapter shall not apply to merchants having an established place of business within the Town of Milton or their employees conducting the business of their employer; to resident farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; to party plans; to calls in response to a prior invitation; or to established religious, charitable or civic organizations established in the Town.

This chapter shall not be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit a request for future periodic route deliveries.

This chapter shall not apply to children under the age of 14, nor to children selling or soliciting for school functions.

This chapter shall not apply to any veteran of any military service who resides in the Town of Milton, provided that said party registers with the Town Clerk of the Town of Milton prior to any effort to vend, hawk or peddle in said Town and further provided that no such registry shall result in the payment of any fee by said person.

[Added 10-15-1986]

§ 129-3 License required.

[Amended 3-19-1997 by L.L. No. 5-1997]

It shall be unlawful for any person within the corporate limits of the Town of Milton to act as a vendor, hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor. The fee for said license shall be as set from time to time by resolution of the Town Board and shall be on file in the Town offices.

§ 129-4 Application for license; bond required.

Any person desiring to procure a license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk. Such application shall give the number and kind and registration of vehicle to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the license and such other information as may be required by the Town Clerk.

Such application shall be accompanied by a certificate from the Sealer 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 of deposit of money in advance of final delivery shall also be accompanied by a bond to the Town of Milton, approved as to form and surety by the Attorney employed by the Town Board, in the minimum sum of $1,000, with a sufficient surety or sureties, or sufficient collateral security, 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. If advanced payments will commonly be larger than $1,000, the Town Board will determine the amount of the bond, to be approved by Town Attorney. 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 Town of Milton for a period 90 days after the expiration of any such license, unless sooner released by the Town Board.

[Amended 3-19-1997 by L.L. No. 5-1997]

§ 129-5 Issuance of license; expiration; restrictions.

Upon filing of the application, bond and certificate as provided in § 129-4, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 129-3 and signed by said Clerk. 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.

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 agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Town Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. The fee for such replacement license may be set from time to time by resolution of the Town Board and shall be on file in the Town offices.

[Amended 3-19-1997 by L.L. No. 5-1997]

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 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 his 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 January 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date. 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 14 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 no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.

§ 129-6 License fees.

[Amended 3-19-1997 by L.L. No. 5-1997; 4-28-2021 by L.L. No. 3-2021]

The license fee shall be as set from time to time by resolution of the Town Board and shall be on file in the Town offices. If the licensee shall have more than one person to whom or vehicle for which he desires a license issued, there shall be an additional fee for each license so issued as set from time to time by resolution of the Town Board and shall be on file in the Town offices. An application for license is for the calendar year and shall expire on the 31st of December of the year it is in effect and must be renewed every year thereafter. Applications may be issued for less than a calendar year yet no license shall be issued for less than a calendar-year fee.

§ 129-7 Vehicle to be marked with name and address.

Every vehicle used by a licensed vendor, hawker, peddler or solicitor in or about his business shall have the name and address of the licensee plainly, distinctly and legibly displayed in letters and figures at least two inches in length in a conspicuous place on the outside of the left and right side of every such vehicle, and such name shall be kept so displayed plainly and distinctly as all times while such vehicle is in use during the continuance of the license.

§ 129-8 Revocation of license.

The Town Board may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund or any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Town Board upon the person named in the application or by mailing the same to the address given in the application.

§ 129-9 Restrictions on activities.

A licensed vendor, hawker, peddler or solicitor shall:

Not falsely or fraudulently misrepresent the quantity, character or quality or any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions of merchandise.

Not use the license provided by the Town after the expiration or revocation of the license represented by him.

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 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.

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 of or lessee of the ground floor thereof objects.

Not sell any wares 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 stand in any public street to hawk his wares.

Not state or imply that the issuance of the license in any way represents approval, endorsement or guaranty by any part of the government of the Town of Milton.

§ 129-10 Penalties for offenses.

[Amended 3-19-1997 by L.L. No. 5-1997]

Any person who himself or by his clerk, agent or employee shall act as a vendor, 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 vendor, hawker, peddler or solicitor shall be liable to a fine of not more than $250 or a term of imprisonment not exceeding 15 days, or both, for each offense.