As used in this chapter, the following terms
shall have the meanings indicated:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
FIXED PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in goods, wares, merchandise
or services in the ordinary and regular course of business.
PEDDLE
To go from house to house, from store to store, from place
to place or from street to street, or to deal out distribute or dispense,
to sell and make immediate delivery or to offer for sale and deliver
any goods, wares, merchandise or provisions, including books or periodicals,
in possession of the seller or any combination thereof at any place
within the Town of Mount Pleasant other than from a fixed place of
business.
PEDDLER
Includes any individual, firm, partnership, corporation,
unincorporated association and any principal or agent thereof. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms. For the purposes of this chapter, the entity which engages
a person as its agent for the purposes of peddling or soliciting is
also considered a peddler within the meaning of this section and is
subject to all provisions herein.
PERSON
Includes any individual, firm, partnership, corporation,
unincorporated association and any principal or agent thereof.
PUBLIC PLACE
Any street, sidewalk, alley or other public way and public
park, square, space or grounds or any publicly owned or leased land
or building.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions, including books or periodicals,
for future delivery, or for services to be performed at any place
within the Town of Mount Pleasant, or to distribute advertising matter.
SOLICITOR
Any person or company who solicits, as herein defined.
STATIONARY LOCATION
Includes any point or distance within 0.3 of a mile in all
directions of stationary location.
VEHICLE
Any motor vehicle, as defined in the Vehicle and Traffic
Law of New York.
VEND
To peddle, hawk, sell, barter or lease, or to offer to sell,
barter or lease, or to display for sale, barter or lease any goods,
wares, merchandise or services in a public place.
It shall be unlawful for any person or company
to peddle or solicit within the Town of Mount Pleasant without having
first obtained a valid license therefor as provided herein.
Every peddler or solicitor licensed under this
chapter shall have his license in his immediate possession at all
times when peddling or soliciting and shall display the same upon
demand of any person, and proper and conspicuous posting of the New
York State sales tax permit shall be required.
No license, license plate or badge issued under
the provisions of this chapter may be transferred from one person
to another person or from one vehicle to another vehicle, nor shall
the badge so issued be used or worn at any time by any other person
than the one to whom it was issued. In the event that a licensee shall
permit any other person to possess or use such license, it shall automatically
be revoked, and the licensee shall thereby be guilty of violating
this chapter, and no application for a further license may be made
for a period of one year from the date of revocation.
No peddler or solicitor shall have any exclusive
right to any location in the public streets, nor shall any be permitted
a stationary location or to operate in a congested area where such
operation might impede or inconvenience the public, nor shall be be
permitted to operate for longer than 15 minutes in any one location,
which shall include a distance of 0.3 of a mile in all directions
from any one location. For the purpose of this chapter, the judgment
of any police officer exercised in good faith shall be deemed conclusive
as to whether or not the area is congested or the public impeded or
inconvenienced.
If the applicant for a peddler's or solicitor's
license uses scales or measures in this business, he shall also file
with his application for a license a certificate issued by the Westchester
County Sealer of Weights and Measures that his scales or measures
have been tested and sealed.
[Amended 8-13-2024 by L.L. No. 6-2024]
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Westchester County Clerk to hawk, peddle, vend or solicit trade, in pursuance of law, on the streets and highways of the Town of Mount Pleasant shall be exempt from the provisions of §
153-5 of this chapter. In lieu of a license as prescribed in §
153-6A of this chapter, the Town Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Town of Mount Pleasant, subject to all other provisions of this chapter. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
[Amended 8-13-2024 by L.L. No. 6-2024]
Any person or company who solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Town of Mount Pleasant shall be exempt from the payment of any fees as set forth in §
153-5 of this chapter upon presentation of proper proof to the Town Clerk that said person or company is actually engaged in interstate commerce. All other provisions of this chapter shall apply to all such persons and companies registered pursuant to this section.
It shall be unlawful for any solicitor or peddler,
either licensed or unlicensed, to enter upon privately owned property
for the purpose of selling merchandise to the general public without
having written permission to do so from the owner of the property
in his possession at all times.
It shall be the duty of any police officer of
the Town of Mount Pleasant to require any person seen peddling or
soliciting, and who is not known by such police officer to be duly
licensed, to produce his peddlers and solicitors license and to enforce
the provisions of this chapter against any person found violating
the same.
[Amended 8-13-2024 by L.L. No. 6-2024]
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $1,000 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.