[HISTORY: Adopted by the Town Board of the Town of Wilson 4-17-2000
by L.L. No. 1-2000. Amendments noted where applicable.]
The purpose of this chapter is to require the licensing of hawkers,
peddlers and solicitors operating within the Town in order to protect the
residents of the Town from the fraudulent and criminal practices of unscrupulous
persons posing as hawkers, peddlers or solicitors engaged in lawful business.
As used in this chapter, the following words, terms and phrases all
have the meanings herein ascribed to them:
One who goes from place to place or from door to door or from house
to house or from street to street or who stands in a street or upon a sidewalk
selling, bartering or offering for sale or barter any items whatsoever, including
but not limited to the following: goods, wares, merchandise, magazines, food
products and farm products.
One who goes from place to place or from door to door or from house
to house or from street to street or who stands in a street or upon a sidewalk
taking orders for any items whatsoever, including but not limited to the following:
goods, wares, merchandise, magazines, food products and farm produce, which
items are to be delivered in the future, or services to be performed in the
future or for making, manufacturing or repairing any article or thing to be
delivered in the future.
No person shall act as a hawker, peddler or solicitor as herein defined
within the Town limits without first having obtained a license at the Town
Clerk's office, unless otherwise excepted as set forth herein.
No license shall be issued by the Town Clerk's office unless the following
information is furnished by the applicant for the license:
A.
The name of the applicant, his or her permanent address
and temporary address.
B.
The applicant's phone number and social security number.
C.
The applicant's age and a brief physical description,
including height, weight and color of eyes and hair.
D.
The applicant's driver's license and/or picture ID and
car license number.
E.
The company represented and the address of that company
and if a subsidiary company the name and address of the company owning the
subsidiary company.
F.
A description of the items hawked, peddled or for which
orders are being solicited.
The license issued hereunder shall be for a period of 14 days. Such
license shall be signed by the Supervisor or the Town Clerk. The form of the
license shall include the name of the applicant and the expiration date of
the license.
The following persons or organizations shall be exempt from obtaining
a license herein:
A.
Honorably discharged members of the Armed Forces of the
United States and veterans of any war.
B.
Vendors of newspapers, farmers and growers of farm and
garden produce grown by themselves with or without the help of others.
C.
Salesmen calling on and selling directly to governmental
businesses and commercial establishments.
D.
Any person possessing a peddlers license issued in conformity
with the New York State General Business Law.
E.
Minors 18 years of age or under engaged in providing
such services as snow shoveling, grass cutting, leaf raking, lawn clearing
or other similar home services as independent contractors.
F.
Solicitation, sales or offers on behalf of a society,
association or corporation organized and operated exclusively for charitable,
educational, civic, patriotic, benevolent religious, philanthropic purposes
and not for pecuniary benefit, no part of the net earnings of which inure
to the benefit of any private shareholder or individual, when such solicitation,
sale or offer is carried out on behalf of such society, association or corporation
by volunteers which is located in or has a substantial membership from the
Town.
Any license issued hereunder may be revoked by the Supervisor for any
violation of this chapter or other sufficient cause shown, after a hearing
on three days' written notice of cause of revocation and at which the licensed
person shall be given an opportunity to be heard. Such written notice shall
be given by registered mail, addressed to the local address set forth in the
application of the licensed person or delivered personally to the licensed
person. In the event that the license is revoked, there shall be no return
of the registration fee.
This license herein provided for is not assignable. It may be renewed
at its expiration only upon the execution and approval of a new application.
A.
Unless otherwise exempt a vendor shall have such license
in his possession at all times and shall exhibit the same at any time upon
demand by any police officer, Town official or a person approached by the
vendor.
B.
A vendor shall not conduct activities in such manner
as will interfere with the pedestrian or a vehicular use of the public streets
and places.
C.
A vendor shall not directly or indirectly cause or permit
the public streets and places to be littered with papers, wrappings or other
debris or refuse.
D.
A vendor shall not enter any house, building or property
where there is posted on the front of the house, building or property a written
notice stating that vendors are not desired, unless the vendor has received
the prior consent of an occupant thereof.
E.
A vendor shall make no false statements or misrepresentations
in the course of his activities and shall conduct himself at all times in
an orderly and lawful manner.
F.
A vendor shall not use or blow upon or ring or sound
any instrument or thing, or shout or cry out for the purposes of attracting
attention to his wares or giving notice of his approach.
G.
A vendor shall not solicit any business before 9:00 a.m.
or after 5:00 p.m. on any day.
Each licensee under this chapter, when acting as a hawker, peddler or
solicitor, shall display his or her license in the holder provided by the
Town, which holder shall be affixed to the chest area of the licensee's outer
garment.
The Town shall keep a record of all licenses issued under this chapter
and shall note thereupon all revocations of licenses for a period of one year
thereof.
A.
An offense against the provisions of this chapter shall
constitute a violation under Penal Law and shall be punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days.
B.
Enforcement; civil action.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction, or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in or the pendency of a civil action of law or in equity shall
be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
