As used in this chapter, the following terms shall have the meanings
indicated:
BOARD
The Town Board of the Town of Plattekill.
[Amended 5-20-1987 by L.L. No. 4-1987]
PEDDLER
A person, commonly referred to either as a "peddler" or "hawker,"
who goes from place to place traveling on the streets or from house to house
and carries with him goods, wares, merchandise, foods and food products for
the purpose of selling and delivering them to consumers.
PERSON
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
[Amended 5-20-1987 by L.L. No. 4-1987]
TRANSIENT MERCHANT
A person, commonly referred to as a "transient merchant" or "itinerant
vendor," who engages or proposes to engage temporarily in a merchandising
business in this municipality and occupies a room, building, tent, lot stand
or other premises for the purpose of selling goods, wares and merchandise.
TRANSIENT MERCHANT PEDDLER
A person who engages in business in the manner defined by the definition
of "transient merchant" and, in pursuance thereof, becomes a peddler or hires
a peddler, as defined herein.
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.
[Amended 10-3-2001 by L.L. No. 4-2001]
A. It shall be unlawful for any peddler, transient merchant
and transient merchant peddler to sell or dispose of or to offer to sell or
dispose of any goods, wares or merchandise within the Town of Plattekill without
first obtaining a license from the Town Board of the Town of Plattekill in
compliance with the requirements herein.
B. The requirements of this chapter shall be held not to
include the following persons who are expressly exempt from its application:
(1) The selling of farm products by farms and persons who
produce such commodities at the site upon which such products will be offered
for sale.
(2) Dealers in milk, heating oil and daily newspapers.
(3) Hawking and peddling by veterans of the Armed Forces
of the United States pursuant to Article 4, § 32, of the New York
State General Business Law, which provides for the making of an application
and the issuance of a license without cost or payment of a fee.
C. Nothing in this section shall be construed so as to relieve any person from first obtaining a use permit as required in Chapter
110, Zoning, of the Code of the Town of Plattekill to allow for the operation of such activity or business at the proposed site(s).
D. Application for a permit must be submitted no less than
60 days prior to the expiration of a license or the granting of a new license.
[Amended 10-3-2001 by L.L. No. 4-2001]
Any person desiring a license shall receive an application for a license
from the Town, on which the following information shall be required:
A. For all license classes:
(1) The name of the applicant.
(2) A permanent home address (residence).
(3) The name and address of the firm represented.
(4) The place or places of residence of the applicant for
the preceding three years.
(5) The length of time for which the license is desired.
(6) A description of the wares to be offered for sale.
(7) To the application must be appended a letter from the
firm for which the applicant proposes to work, authorizing the applicant to
act as its representative.
(8) If required, a copy of all use permits as found in the requirements of Chapter
110, Zoning, of the Code of the Town of Plattekill to conduct the activity at the location proposed.
B. For transient merchant licenses, in addition to the foregoing
items, the application shall show:
(1) The location where the activity is to be conducted.
(2) A notarized statement from the property owner of the
site at which the activity is to be conducted allowing for such use.
C. For transient merchant peddler licenses, in addition
to the foregoing information, the application must show:
(1) The name and address of each peddler acting for said
merchant.
(2) Three personal references for each peddler.
[Amended 10-3-2001 by L.L. No. 4-2001]
A. Issuance. Upon a review by the Town Board of a completed
application provided by the applicant, the Town Board will approve or disapprove
the issuance of a license.
B. Transferability. 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 for every agent or employee
working for him/her; a separate license must be obtained by a licensed transient
merchant for each branch or separate place of business in which her or his
business is conducted, and each license shall authorize the person to conduct
business only at the location which is indicated therein.
[Amended 10-3-2001 by L.L. No. 4-2001]
To every peddler granted a license, all automobiles, wagons, carts or
other vehicles used for peddling shall have affixed thereon the license so
as to be visible to the public. A transient merchant peddler must post a license
certificate in a prominent place in the business premises so as to be visible
to the public.
No person licensed under this chapter or otherwise shall call attention
to his business or to his merchandise by crying out, by blowing a horn, by
ringing a bell other than the doorbell at a house or by any loud or unusual
noise.
In the event that an applicant for a license as provided herein shall
have previously been issued a junk dealer's license pursuant to Article
6, § 60, of the General Business Law, then such applicant shall
be entitled to and allowed a credit against the above-provided license fees
in the amount of $5, such junk dealer's license fee actually paid by
such applicant; otherwise, this chapter shall be fully binding upon and applicable
to the holder of any such junk dealer's license.
[Amended 10-3-2001 by L.L. No. 4-2001]
A. The Building Inspector and/or Zoning Enforcement Officer
appointed by the Town Board shall enforce this chapter. It shall be the duty
of the Building Inspector and/or Zoning Enforcement Officer to investigate
all complaints made under this chapter and to take appropriate legal action
on all violations of this chapter.
B. A license may be revoked by the Town Board by reason
of the violation of the terms of the license, the violation of any municipal
ordinance or law, state or federal statute or falsification in applying for
a license. The Town Board, within 10 days' notification that the licensee
has failed to correct any violation of this chapter, shall revoke the license.
The licensed person must be granted a hearing by the Board upon his or her
request.
[Amended 5-20-1987 by L.L. No. 4-1987]
Any person violating any of the provisions of this chapter shall, upon
conviction, be punishable by a fine not to exceed $250 or by imprisonment
for a term not to exceed 15 days, or both.