[HISTORY: Adopted by the Town Board of the
Town of Brighton 1-24-1996 by L.L. No. 1-1996; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating
itinerant merchandising and soliciting in order that the peace, health,
safety, welfare and good order of the Town and its inhabitants shall
not be endangered or unduly disturbed.
As used in this chapter, the following terms
shall have the meanings indicated:
A permanent office, building, store or depository in which
or where the person transacts business and deals in the goods, wares,
commodities or services the person peddles, vends or solicits in the
ordinary and regular course of business.
Unless otherwise specified, shall be construed to mean a
license, certificate of license or special permit as required or permitted
by this chapter.
The selling, bartering or trading of or offering to sell,
barter or trade any goods, wares, commodities or services.
The statement in writing above the signature of the Town
Clerk or designee setting forth the name and address of the property
owner, occupant or tenant to be served, the date, time and notice
of the violation, a description of the violation, the date by which
the violation must be cured and the penalties that may occur.
[Amended 1-8-2003 by L.L. No. 1-2003]
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services by going from house to house.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
Includes any person who solicits contributions of goods,
money or services by going from house to house.
Includes a store, room, building, tent, enclosure or structure
of any kind intended to be occupied for the period of time necessary
to peddle, vend or solicit the merchandise or products therein housed
initially, without the intent to replenish or restock such goods,
wares and merchandise sold therein. In all prosecutions for a violation
of this chapter, the intent of the defendant to conduct an established
place of business shall be a material fact, and the burden of proving
such intent shall be upon the defendant in such prosecution.
The Town of Brighton, Monroe County, New York.
Includes, unless otherwise herein provided, a person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by occupying
space on any public street, roadside, private or public parking lot
or driveway, unless owned by said vendor or operated under lease as
adjunct to the vendor's business.
[Amended 6-11-1997 by L.L. No. 3-1997]
It shall be unlawful for any person within the
Town to act as a peddler, solicitor or vendor, as herein defined,
without first having obtained and having in force and effect a permit
from the Town Clerk therefor.
[Amended 6-11-1997 by L.L. No. 3-1997; 1-8-2003 by L.L. No. 1-2003]
A.
The provisions of this chapter shall not apply, except
to the extent specifically made applicable elsewhere in this chapter,
to the following:
(1)
Any person soliciting at the express invitation of
the person solicited.
(2)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Town.
(3)
Auction sales held pursuant to law by a sheriff or
other officer authorized by law to conduct such sale.
(4)
Candidates for elective or party offices or persons
acting on behalf of any such candidates or for a recognized political
party, in obtaining signatures on petitions, distributing literature
or otherwise promoting the candidacy of any such candidate or seeking
support of any position advocated by such candidate or party.
(5)
A child residing in the Town and regularly attending
any public school district or parochial or private school located,
in whole or in part, within the County of Monroe or a member of a
veterans organization or fraternal organization, provided that such
organization has and maintains a chapter, post, lodge, camp or other
group within Monroe County or a member of any other organization qualified
as a not for profit organization under Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended, that maintains a chapter or local
organization within Monroe County; and further provided that any person
coming within the provisions of this exemption shall only peddle,
vend or solicit in connection with an authorized activity of the organization
of which he or she is a member or the school which he or she attends.
(6)
Members or representatives of a church, synagogue
or other religious organization or sect in the exercise of legitimate
religious activities, provided that such activities are carried out
in an orderly manner without annoyance or harassment to the persons
solicited or in any way disturbing the peace or creating a public
or private nuisance.
B.
This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
[Amended 6-11-1997 by L.L. No. 3-1997]
A.
Every applicant for a permit is required to submit
to the Town Clerk a written application supplying, under oath, the
following information:
(1)
The name and social security or tax identification
number of the applicant.
(2)
The permanent business office of the applicant.
(3)
A description of the goods, wares, commodities or
services to be offered for sale, together with a true invoice of their
amount, quality and value.
(4)
All felonies or misdemeanors with which the applicant
has been charged within the 10 years prior to the date of application
and the disposition of each such charge.
(5)
A written detailed description of the specific proposed
plan of operations to be used by the applicant in merchandising the
products or services. If a form of contract is proposed to be used
to obtain orders from Town residents, a copy of such form contract,
complying with the provisions of New York Personal Property Law Article
10-A, the Door-to-Door Sales Protection Act, must also be supplied.
(6)
Any violations of this chapter or any comparable laws,
ordinances, statutes, rules, orders or regulations of any other municipality
or of the State Door-to-Door Sales Protection Act, within the past
10 years, by the applicant or any individuals employed by or on behalf
of the applicant as a vendor, solicitor or peddler.
(7)
A listing of all municipalities within the region
in which this type of solicitation has occurred within the last three
years.
[Amended 6-26-2002 by L.L. No. 4-2002]
(8)
If applicable, proof that the applicant is a veteran's
or fraternal organization, a church or other religious sect or an
organization qualified under Section 501(c)(3) of the Internal Revenue
Code of 1986 as amended, which shall be displayed at the request of
homeowners.
[Amended 1-8-2003 by L.L. No. 1-2003]
B.
If the applicant has one or more members, employees, contractors or other agents who will work in the Town, the same information must be supplied as to each such person, together with the home address of each, and proof that, in the case of an applicant described in § 121-5A(8), proof that each such individual is a member of such applicant.
[Amended 6-11-1997 by L.L. No. 3-1997; 6-26-2002 by L.L. No. 4-2002]
A.
Upon receipt of the properly completed application and the applicable fee, the Town Clerk may issue a permit to the applicant specifying the particular business and method of business operations authorized, along with any restrictions thereon. In addition, upon payment of the required fee, the Clerk may issue certificates with raised seal and original signature of the permit for each employee of the applicant who will work in the Town and for whom the information required by § 121-5B has been supplied. The permit and certificates of permit shall be nontransferable and shall be in the continuous possession of the applicant or each employee of the applicant, as the case may be, while engaged in the business of peddling, vending or soliciting. A list of permits issued will be forwarded to the Police Department upon issuance.
B.
The permit or certificate of permit, as the case may
be, shall be produced upon the demand of any Town official, prospective
buyer, police officer or Sheriff's deputy but shall not be worn in
a conspicuous place by any person soliciting, peddling or vending,
nor shall any such person represent that such permit constitutes any
sanctioning or approval of the activity by the Town.
C.
The permit shall expire no later than December 31
of the year issued.
[Amended 6-11-1997 by L.L. No. 3-1997]
The Town Clerk shall keep a record of the applications,
the determinations thereon and of all permits issued in accordance
with this chapter. The record shall contain the name and residence
of the person issued a permit, the location of the business, the amount
of the permits paid and the date of the revocation of all permits
revoked.
[Amended 6-11-1997 by L.L. No. 3-1997]
A.
The Town Board shall, from time to time, by resolution,
establish a schedule of fees to be paid for any permit or certificate
of permit issued pursuant to the provision of this chapter.
B.
All fees shall be payable at the time of the issuance
of the permit and shall be paid in cash, credit card or certified
funds.
[Amended 6-26-2002 by L.L. No. 4-2002]
[Amended 6-11-1997 by L.L. No. 3-1997]
A peddler, huckster, vendor or solicitor, whether
permitted or exempt from permitting pursuant to the provisions of
this chapter, shall not:
A.
Willfully misstate the quantity or quality of any
article or service offered for sale.
B.
Willfully offer for sale any article of any unwholesome
or defective nature.
C.
Call attention to his or her goods by blowing a horn,
by sounding other loud noisemaking devices, by shouting or using any
loudspeakers.
D.
Frequent any street in an exclusive manner so as to
cause a private or public nuisance.
E.
Fail to keep the vehicle and/or receptacles used by
him or her in the furtherance of his or her licensed business in a
sound, clean and sanitary condition.
F.
Use any of the public streets or rights-of-way or
public places within the Town as standing places for more than five
minutes for the selling of items or services or for his or her vehicle
or cart for the conduct of his or her business.
G.
Peddle, solicit or vend funds on or about the premises
of any business establishment, shopping center or mall without the
written consent of the owner or individual, agency or organization
responsible for the management and/or operation of the same.
H.
Peddle, solicit or vend within 250 feet of any school
property between the hours of 8:00 a.m. and 4:00 p.m. on any school
day.
I.
Enter upon private property for the purpose of peddling
or soliciting before the hour of 9:00 a.m. of any day or 9:00 p.m.
of any day, except upon the invitation of the householder or occupant.
[Amended 6-26-2002 by L.L. No. 4-2002; 1-8-2003 by L.L. No.
1-2003]
J.
Ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "no peddlers,"
"no solicitors," "no agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
K.
Take any action otherwise prohibited under this chapter.
A.
Licenses or permits issued under provisions of this
chapter may be suspended for up to 60 days or revoked by the Town
Clerk after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or any false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the business as peddler, huckster, vendor
or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving dishonesty
or moral turpitude.
(5)
Conducting the licensed business in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
(6)
Any breach of stipulations or conditions specified
by the Town Board or any deviation from the terms and agreements upon
which a special permit has been granted, as provided herein.
B.
A hearing for such suspension or revocation shall
be held before the Town Clerk upon notice given, in writing, setting
forth specifically the grounds of the complaint and the time and place
of the hearing. Such notice shall be mailed, postage prepaid, to the
licensee or permittee at his or her last known address as shown on
his or her application at least five days prior to the date set for
the hearing.
C.
If the licensee has one or more employees, agents or contractors, the revocation or suspension hereunder shall apply to the licensee and all employees if either the licensee or any one or more of the licensee's employees, agents or contractors are determined to be in violation of this chapter, and all such individuals shall receive notice of the hearing as set forth in § 121-10B above.
A.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 121-5 of this chapter, shall have the right to appeal to the Town Board.
B.
Such appeal shall be taken by filing, within 14 days
after notice of the action complained of has been mailed to such person's
last known address, as shown on the application, a written statement
setting forth fully the grounds for the appeal.
C.
The Town Board shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be mailed to the
applicant at his or her last known address at least five days prior
to the date set for the hearing.
D.
The granting, refusal, revocation or suspension of
a license or permit by the Town Board shall be subject to review pursuant
to Article 78 of the Civil Practice Law and Rules of the State of
New York. Any such Article 78 proceeding must be commenced within
30 days of the mailing of notice of the action sought to be reviewed.
Any person denied a license or permit or whose license or permit has been suspended or revoked in accordance with § 121-10 of this chapter shall be ineligible to apply for a new license or permit for a period of six months from the date of such denial, revocation or suspension, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.
Any person convicted of violating any provision of this chapter shall be subject to the penalties provided in Chapter 1, General Provisions.
