[HISTORY: Adopted by the Town Board of the
Town of Milton 6-6-1984. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 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.
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.
A.
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.
B.
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.
C.
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.
D.
This chapter shall not apply to children under the
age of 14, nor to children selling or soliciting for school functions.
E.
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]
[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.
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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]
D.
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.
E.
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.
F.
No license shall be granted to a person under 14 years
of age.
G.
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.
[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.
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.
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.
A licensed vendor, hawker, peddler or solicitor
shall:
A.
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.
B.
Not use the license provided by the Town after the
expiration or revocation of the license represented by him.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
H.
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.
I.
Not stand in any public street to hawk his wares.
J.
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.
[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.