[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:
A.
The peddling of meats, fish, fruit and farm products
by farmers and persons who produce such commodities.
B.
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.
C.
The holder of a license granted pursuant to § 32
of the General Business Law.
D.
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.
E.
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:
A.
For all license classes:
(1)
The name of the applicant.
(2)
The applicant's permanent home residence.
(3)
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.
(4)
Three business references.
(5)
The place or places of residence of the applicant for
the preceding three years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
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.
(9)
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]
[Amended 4-24-2003 by L.L. No. 3-2003]
A.
Following the filing of an application, the Town Clerk shall
promptly refer the application:
(1)
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
B.
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.
A.
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.
B.
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:
A.
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.
B.
Be permitted to operate in any congested area where his
operations might impede or inconvenience the public.
C.
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]
D.
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.
E.
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.
F.
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.
G.
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.
