[HISTORY: Adopted by the Town Board of the
Town of Bethel 4-28-1994 (Ch. 95 of the 1990 Code). Amendments noted where applicable.]
This chapter is adopted to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Town. The licensing of persons engaged in the above-mentioned
activities is required so that the identity of persons going door
to door or distributing materials within the Town may be more effectively
enforced that citizens of the Town of Bethel be protected from crime
and their peace and property preserved; that said citizens be protected
and that the health, safety and welfare of the inhabitants of the
Town be maintained; and to prevent dishonest business practices and
dishonest solicitation of funds in the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, whether a resident or nonresident of the Town,
who as part of his or her customary business goes from house to house,
from place to place or from street to street, traveling by foot, automotive
vehicle or any other type of conveyance, carrying or transporting
goods, wares and merchandise for purpose of sale at retail to customers.
"Peddler" shall also include persons known as "hawkers" and "hucksters."
Includes an individual, firm, corporation, organization or
any other legal entity.
Any person, whether a resident or nonresident
of the Town, who as part of his or her customary business goes from
house to house, from place to place or from street to street, traveling
by foot, automotive vehicle or any other type of conveyance, soliciting,
taking or attempting to take orders for the sale of goods, wares and
merchandise of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or public place.
"Solicitor" shall also include persons known as "canvassers."
Includes a person who solicits and/or collects
funds from a stationary location on any street, road or highway or
other public place.
A.
It shall be unlawful for any person within the limits
of the Town to act as a peddler or solicitor either on private property
or on public highways or runnings therefor as herein defined or assist
same without first having obtained and paid for, and having in force
and effect, a license therefor.
B.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified shall
be given for each helper, and an individual license shall be required
for each helper. No license issued under this chapter shall be transferable
from one person to another.
Every licensee, while exercising his license,
shall carry the license with him or her and shall exhibit the same
upon demand.
A.
Each license hereunder shall be issued by the Town
Clerk, upon said Clerk's approval in accordance with this chapter
upon finding that the applicant has good business and moral character
and that said issuance will protect the public good. Notwithstanding
its date of issuance, each such license shall expire on December 31
of the year in which it is issued unless revoked prior thereto.
B.
In the event any license holder violates the terms
of this chapter or any other law, rules or regulation, the license
hereunder shall be revoked by the Town Clerk upon notice thereof.
No license shall be issued under this chapter
except upon payment made to the Town of Bethel by certified check,
money order, bank check or similar currency or cash.
Any person qualified to pursue or carry on within
the Town the trade, business or occupation of hawking and/or peddling
shall file with the Town Clerk a sworn written application on a form
to be furnished by said Clerk, which shall give or be accompanied
by the following information or documents:
A.
The name and description of the applicant.
B.
The permanent home address and full local address
of the applicant.
C.
A brief statement of the nature of the business and
a description of the goods, wares and merchandise to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, a description of each
vehicle and its license number.
G.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance
and the nature of the offense and the punishment or penalty assessed
therefor.
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.
To any honorably discharged member of the armed forces
or any other person who has procured a license issued by the County
Clerk as provided by § 32 of the General Business Law of
the State of New York.[1]
C.
Nonprofit and charitable organizations, including
their representatives, agents and employees.
D.
Garage sales or similar sales by homeowners of the
Town of Bethel of their own personal property.
E.
Persons 15 years of age or under, with permission
of parent or guardian.
It shall be unlawful for any person to engage
in peddling or soliciting before the hour of 9:00 a.m. of any day
or after the hour of 9:00 p.m. of any day except upon the invitation
of the householder or occupant.
A.
It shall be unlawful for a person to be a peddler
or solicitor on any property located in the Town belonging to a resident
of the Town of Bethel without first obtaining permission of that resident
for the purpose of selling his wares and merchandise.
B.
No person shall stand in a roadway for the purpose
of soliciting from or selling to occupants of any vehicle and no person
shall occupy any part of a state highway in any manner for the purpose
of selling or soliciting.
In the event any individual wishes to appeal
any determination of the Town Clerk relating to the issuance or revocation
of a license hereunder, the same may be appealed to the Town Board
of the Town of Bethel in writing, provided that said appeal is made
within 30 days of the date of the determination by said Clerk. The
Town Board shall hear this matter, reviewing the determination of
the Clerk, as well as the allegations of the applicant and/or license
holder and make its decision within five days thereafter.
Any person violating any provision of this chapter
shall, upon conviction, be guilty of a violation punishable by a minimum
fine of $250 and not to exceed $1,000, or imprisonment for not more
than 15 days, or both; loss of license privilege; and license fee
being nonrefundable.
