The purpose of this chapter is to preserve and
care for the safety, health, comfort and general welfare of the inhabitants
of the Town of Liberty or visitors thereto by the regulation of peddling,
hawking, vending and soliciting orders from new customers by going
from house to house and acting as a transient merchant or transient
merchant-peddler, as hereinafter defined.
As used in this chapter, the following terms
shall have the meanings indicated:
BOARD
The Supervisor and the Town Board of the Town of Liberty.
PEDDLER
A person, commonly referred to either as a "peddler" or a
"hawker," who goes from place to place by traveling on the street
or from house to house and carries with him or her 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 or incorporated association, or agent or employee thereof.
SOLICITING ORDERS
The act of going from house to house to solicit orders from
new customers, and shall be applicable only to goods which originate
within the State of New York.
TRANSIENT MERCHANT
A person, commonly referred to as a "transient merchant"
or an "itinerant vendor," who engages or proposes to engage temporarily
in merchandising business in this municipality and occupies a room,
business, 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
"transient merchant" and, in pursuance thereof, becomes a peddler
or hires a peddler as defined by "peddler."
No person or persons shall hereafter upon the
public highways within the Town of Liberty, New York, with intent
to solicit or interest another in the rental or sale of any apartment,
room, hotel, house, bungalow, business or enterprise, commit any of
the following acts:
A. Display any sign or other advertising matter on or
near a stationary vehicle or at or near their person.
B. Solicit, obstruct, annoy, disturb or interfere with
pedestrians.
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 Liberty without first obtaining a license and having paid
the license fee hereinafter prescribed.
Any person desiring a license shall file with
the Town Clerk an application blank, separate blanks being provided
for each of the three classes of licenses. 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 permanent home residence of the applicant.
(3) The name and address of the firm represented and the
names and addresses of the persons 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) The number either of arrests or convictions for misdemeanors
or crimes and the nature of the offenses for which arrested or convicted.
(9) Appended to the application, a letter from the firm
for which the applicant purports to work, authorizing the applicant
to act as its representative, and a copy of the New York State sales
tax vendor's authorizations.
B. For transient merchant licenses, in addition to the
foregoing items, the application shall show:
(1) A sworn statement of the selling price, average quality
or kind and value of the goods to be offered for sale.
(2) A statement of the location of such goods by street
or number, and whether on the premises from which it is sold or in
a warehouse.
C. For transient merchant-peddler licenses, in addition
to the foregoing information, the application must show:
(1) The names and addresses of each peddler in the Town
of Liberty acting for said merchant.
(2) Three personal references for each peddler.
(3) For each peddler, the number either of arrests or
convictions for misdemeanors or crimes and the nature of the offenses
for which arrested or convicted.
A licensed peddler, transient merchant or transient
merchant-peddler shall not:
A. Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his
or her business or offer for sale any provision, food or merchandise
that is unwholesome, unfit, deleterious or harmful to the user or
consumer thereof.
B. Peddle at or solicit on private property which has
displayed a sign bearing the words "No Peddling or Soliciting" or
words of like intent nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested his or her
departure therefrom.
C. Keep the vehicles and receptacles used by him or her
in an unclean and unsanitary condition nor the foodstuffs and edibles
offered for sale uncovered and unprotected from dirt, dust, insects,
contamination or spoilage or as otherwise required by any competent
municipal health authority.
D. Stand or permit the vehicles and receptacles used
by him or her to stand in one place in any public place or street
for more than 10 minutes or in front of any premises for any time
if the owner of occupant of the premises objects. However, in no case
shall the holder of any license issued hereunder remain in any one
fixed location and vend his or her goods, wares and merchandise continuously
for a period in excess of 30 minutes, nor shall said licensee resume
operations during the same business day from a new location within
1/4 mile of said former site of operation.
E. Sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
F. Permit any vehicles and receptacles used by him or
her to stop or remain on any crosswalk.
G. Create, erect or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise.
H. Blow a horn, ring a bell or use any other noisy device
to attract public attention to his or her wares or shout or cry out
his or her wares.
I. Assign or transfer his or her license to any other
person, and any transfer to or use of such license by any other person
shall be a violation and shall automatically thereupon terminate such
license.
J. Obstruct any street, driveway or other public or private
right-of-way.
[Amended 7-8-1996 by L.L. No. 4-1996]
License fees shall be as set forth by the Town
Board from time to time. Honorably discharged members of the armed forces of the
United States, although required to apply for a license, shall not
be required to pay license fees.
Any person aggrieved by the action of the Town Clerk in the denial of any application for a license as provided in §
111-6 of this chapter or in the decision of the Town Clerk with reference to the revocation of a license as provided in §
111-12 of this chapter shall have the right to appeal to the Town Board of the Town of Liberty. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. 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 the applicant's last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 7-8-1996 by L.L. No. 4-1996]
Any person violating any of the provisions of
any of the sections of this chapter shall be subject to a fine of
not more than $250 or to an imprisonment term of not more than 15
days, or both.