Town of New Paltz, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Paltz 11-28-1984 by L.L. No. 9-1984. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
The Town Board of the Town of New Paltz.
Any person, whether a resident of the Town of New Paltz, State of New York, or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, meat, fish, vegetables, fruits, truck garden or farm products or provisions, offering and exposing them for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, sells or offers the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance. The word "peddler" shall include the words "hawker" and "huckster."
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
Any person, whether a resident of the Town of New Paltz, State of New York, or not, traveling either by foot wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever, for future delivery or for services, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payment on such sales or not.
The purpose of this chapter is to assist in the government of the Town, the management of its business, the preservation of good order and the peace, health, safety and welfare of its inhabitants and the protection and security of their property.
It shall be unlawful for any solicitor or peddler to sell, solicit or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Town of New Paltz without first obtaining a license and having paid the license fee hereinafter prescribed.
[Amended 4-24-2003 by L.L. No. 3-2003]
The requirements of this chapter shall be held not to include the following persons, who are expressly exempt from its application:
The peddling of meats, fish, fruit and farm products by farmers and persons who produce such commodities.
Hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military services of the United States.
The holder of a license granted pursuant to § 32 of the General Business Law.
Any charitable or religious organization or society, which is recognized as tax exempt under the United States Internal Revenue Code, that shall conduct sales of personal property where the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious purpose for which the society exists. Satisfactory proof of such tax exemption must be provided by the applicant.
Any school, political or civic organization, benevolent society, service club or organization, not for profit, which is located in the Town or has a majority of its membership from the Town.
Any person desiring a license shall file with the Town Clerk an application blank, separate blanks being provided for each class of license. The blanks shall contain the following information and must be under oath:
For all license classes:
The name of the applicant.
The applicant's permanent home residence.
The name and address of the firm represented and the names and addresses of the person from whom goods making up the stock were or are to be purchased.
Three business references.
The place or places of residence of the applicant for the preceding three years.
The length of time for which the license is desired.
A description of the wares to be offered for sale.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, felony or violation of any municipal law or ordinance and, if so, the nature of the offense and the punishment or penalty assessed therefor.
The specific location upon the particular parcel, identified by section, block and lot as shown on the Ulster County Tax Map for the Town of New Paltz, where the goods, wares or merchandise shall be sold or offered for sale.
[Added 4-24-2003 by L.L. No. 3-2003]
For solicitors:
In addition to the foregoing items, the application shall show:
A sworn statement of the true invoice of the amount, average quality or kind and value of the goods to be offered for sale.
A statement of the location of such goods by street or number and whether on the premises from which it is sold or in warehouse.
To the application must be appended, in the discretion of the Town Clerk, the bills or invoices of purchase from such goods.
[Amended 4-24-2003 by L.L. No. 3-2003]
Following the filing of an application, the Town Clerk shall promptly refer the application:
To the Town of New Paltz Police Department or to any police department created by the Town of New Paltz for verification of the character of the applicant and of the information contained in the application; and
To the Building Inspector and to the Code Enforcement Officer of the Town to verify compliance with Chapter 140, Zoning, of the Code of the Town of New Paltz.
The Town Clerk shall verify the moral character of the applicant, that the use of the location complies with the zoning provisions of the Code and the financial information. The Town Clerk shall approve or reject the application. Upon approval of the application and payment of the prescribed fee, the license(s) shall be issued by the Town Clerk.
For all license classes, the license issued shall not authorize any person except the designated person named in said license to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler or solicitor for every agent or employee working for him. Each license shall authorize the person to conduct business only at the location which is indicated therein.
All licenses shall be issued on forms drawn in accordance with this chapter. They shall be printed in book form, with corresponding stubs, and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fees paid.
There shall be kept in the office of the Town Clerk the necessary books for recording the time the application for license is received, showing in class, whether new or renewal, the name of the licensee, the regular number of the blank form, when the application was approved by the Town Clerk, the amount of fee received therefor and the date when the license was issued.
The Town Clerk shall annually file a report with the Board, showing the number of licenses granted by class and the amount of fees received therefor. Each report shall state the number and class of licenses suspended or revoked.
Every person holding a license under this chapter shall be required to carry the license with him or at his business premises while engaged in the business licensed. He must produce the license at the request of any official of the Town and of any person of the Town with whom he wishes to conduct his said business.
A peddler or solicitor or any person in his behalf shall not:
Shout, make any outcry, blow a horn, ring a bell or use any sound device or musical instrument, including any loudspeaking radio or sound-amplifying system, on any of the streets, alleys, parks or other public places of the Town or on any private premises in the Town where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard on the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
Be permitted to operate in any congested area where his operations might impede or inconvenience the public.
Sell or offer for sale goods, wares or merchandise from vehicles on any of the public streets of the Town; provided, however, that the prohibition herein contained shall not include the peddling from door to door or from vehicles of fresh food products of farm or garden nor bona fide deliveries of goods, wares, merchandise or food made on a regular route to regular customers.
[Amended 12-30-1987 by L.L. No. 9-1987]
Solicit or peddle from 10:00 p.m. to 10:00 a.m. or at any time when or at a location where a sign has been posted on a building stating "No solicitors or peddlers," or words to that effect, except that a licensed solicitor or peddler may call upon the occupant of a residence at other times when he has received express prior permission from such occupant to do so.
Solicit within the Town for a contribution of funds for a charitable, religious, educational, community, recreational or similar nonprofit purpose by means of calling upon places of residence or by means of direct personal contact in public places or upon public property without obtaining a permit as provided by this chapter. Any peddling or soliciting, as defined in this chapter, by means of representation that all or a portion of the proceeds thereof are to be used for a charitable or similar nonprofit purpose or are to be transmitted to any person, firm or corporation for any such purpose is unlawful unless a permit is first obtained as provided by this chapter.
Cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver any commercial or business handbill, dodger, circular or other advertising material or device to any residence or business or leave the same on any porch, doorstep or vestibule thereof or in any yard or public hallway thereof or on any vacant lot or other private property in the Town without first having obtained the express consent or without the express request of the owner of the premises upon which such activity is to be conducted or of such owner's duly authorized agent or personal representative.
Cast, throw, deposit, leave upon, distribute, scatter, pass out, give away, circulate or deliver to any premises any commercial advertising sample or device or other merchandise of any kind, except into the hands of an adult person who resides upon or occupies such premises.
For the purpose of this chapter, every yearly license shall terminate at 10:00 p.m. on the 31st day of December of the year in which said license was issued.
[Amended 12-30-1987 by L.L. No. 9-1987]
License fees for peddlers and solicitors shall be as set forth from time to time by resolution of the Town Board.
[Amended 12-30-1987 by L.L. No. 9-1987]
Any applicant, however, shall have the option to apply for and to receive a daily license, which shall be issued for a period of not less than three calendar days (Sunday through Saturday) at a cost to the applicant as set forth from time to time by resolution of the Town Board, provided that no person, as defined in this chapter shall be entitled to receive any license pursuant to the provisions of this section if such person has previously been granted a license at the rates prescribed by this section within the six-month period immediately preceding his application.
A license may be revoked by the Board by reason of the violation of the terms of the license, the violation of any municipal ordinance or state or federal statute or falsification in applying for a license. The licensed person must be granted a hearing by the Board upon his request. A license may be suspended for not more than two weeks by the Town Clerk without a hearing.
[Amended 12-30-1987 by L.L. No. 9-1987]
Any person violating any of the provisions of any of the sections of this chapter shall, upon conviction thereof, be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law of the State of New York, which shall be punishable by a fine not to exceed the sum of $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.