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.
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. Said permit will be stamped in ink on the face of the county license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
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. If the Town Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this chapter have been complied with, the Town Clerk shall issue a registry certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. 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.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $350 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.