[HISTORY: Adopted by the Town Board of the Town of Newburgh 9-23-1974
as Ch. 117 of the 1974 Municipal Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling, Hawking
and Soliciting Law of the Town of Newburgh."
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.
When used in this chapter, unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms shall
have the meanings indicated:
[Added 12-7-1998
by L.L. No. 12-1998]:
Any benevolent philanthropic, patriotic military veterans, not-for-profit,
educational or religious association, society or organization qualified as
a tax-exempt organization under Section 501 of the Internal Revenue Code;
Any governmental entity or organization, including, without limitation,
a school district, fire district and fire company.
The Building Inspector/Code Enforcement Official shall be the enforcement
official. Authority to issue violation notices shall also rest with any member
of the Town Police Department.
[Added 12-7-1998 by L.L. No. 12-1998]
A permanent building, store or depository in which or where the person
transacts business and deals in the goods, wares or commodities he peddles,
vends or solicits in the ordinary and regular course of business.
[Amended 12-7-1998 by L.L. No. 12-1998]:
Selling or offering for sale, barter or exchange any property or service
either for immediate or future delivery or performance upon any street, road
or highway or from house to house in the town.
Seeking, taking or offering contracts or orders for any property for
future sale or delivery or performance of any service upon any street, road
or highway or from house to house in the town.
Seeking or taking subscriptions or contributions of money or property,
upon any street, road or highway or from house to house in the town.
The delivery or distribution of advertising matter, literature, pamphlets,
samples or handbills house to house or on any of the streets, roads or highways
or by going from place to place in the town, but not including the delivery
or distribution of newspapers, political or religious materials.
Includes any person who engages in merchandising any goods, wares,
commodities, books, periodicals or services or solicits contributions of goods
or moneys in any public street or highway or public place or by going from
house to house or place of business to place of business, on foot or on or
from any vehicle standing in a street or highway, or by temporarily occupying
a room, building or other premises therefor.
A natural person, corporation, partnership, association, joint venture,
society or other organization or association of any kind, whether acting as
principal, agent, employer or employee.
[Amended 12-7-1998 by L.L. No. 12-1998]
Any goods, wares, merchandise or other article of thing of every
kind or nature except newspapers.
[Added 12-7-1998 by L.L. No. 12-1998]
A store, room, building, tent, enclosure or structure of any kind
intended to be occupied for the period of time necessary to peddle, hawk 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.
A merchant or vendor who chooses a specific location within the town
upon which to erect or park a cart, tent, wagon, truck or stand from which
to engage in merchandising, with the intent to return to the same location
each day. This category shall include temporary, off-premises roadside stands
established for the purpose of selling vegetables, fruit or other farm products;
food wagons; Christmas trees; and of any nonperishable goods. A temporary
merchant must have the written permission from the owners of the location
to conduct the sale of the intended products.
[Added 12-7-1998 by L.L. No. 12-1998]
A retail or wholesale business conducted from a temporary structure
or tent, truck, van or trailer, stand, parking lot or vacant parcel of land,
in a public right-of-way or in or on any other place in the town, but not
the outdoor sales of property or services accessory to a business conducted
within a permanent structure on a same premises or the sale of food products
raised or produced on the same premises from a temporary or seasonal stand,
provided that the principal structure or activities otherwise comply with
the zoning and other laws, regulations and ordinances of the town.
[Added 12-7-1998 by L.L. No. 12-1998]
[Amended 12-7-1998 by L.L. No. 12-1998]
It shall be unlawful for any person within the limits of the Town of
Newburgh to act as a peddler, hawker or solicitor, to maintain a transient
business or act as a temporary or transient merchant or perform merchandising,
as herein defined, without first having obtained or paid for and having in
force and effect a license therefor.
Nothing in this chapter shall be held to apply to:
A.
Any sales conducted pursuant to statute or by order or
any court.
B.
Any person selling personal property at wholesale to
dealers in such articles.
C.
The peddling of meats, fish, fruit and similar produce
by farmers and persons who produce such commodities.
D.
Dealers in milk, baked goods, heating oil and daily newspapers.
E.
Any licensed real estate brokers or insurance salesmen.
F.
Any honorably discharged member of the Armed Forces of
the United States who has procured a license under Article 4 of the General
Business Law of the State of New York, but no such person shall engage in
any of the occupations specified in this chapter without first having been
issued a license by the Town Clerk.
G.
Any charitable organization, as defined herein, or its
agents or employees or veterans licensed pursuant to General Business Law
§ 32 et al.
[Amended 12-7-1998 by L.L. No. 12-1998]
H.
Any person soliciting at the express invitation of the
person solicited or serving an established customer.
I.
Any person conducting a business or activity performing
a service pursuant to a license issued by the United States Government, the
State of New York or by any business service or activity licensed under any
other law, regulation or ordinance of the Town of Newburgh.
[Added 12-7-1998 by L.L. No. 12-1998]
J.
Any political parties and candidates for public office.
[Added 12-7-1998 by L.L. No. 12-1998]
A.
Every applicant for a license is required to submit to
the Town Clerk a written application supplying, under oath, the following
information:
(1)
Name and age of applicant.
(2)
Permanent home residence.
(3)
Name and address of firm represented, if any.
(4)
A statement as to the period of time during which the
applicant intends to engage in a business or activity regulated under this
chapter.
[Amended 12-7-1998 by L.L. No. 12-1998]
(5)
A description of the goods, wares or commodities to be
offered for sale, together with a true invoice of their amount, quality and
value, and a detailed statement of the particular business, trade or occupation
for which the license is requested.
(6)
All felonies or misdemeanors for which the applicant
has been convicted.
(7)
To the application must be appended a letter of authorization
from the firm which the applicant purports to represent.
(8)
The number and kind of vehicles, if any, to be used by
the applicant in carrying on the business for which the license is required.
(9)
The names and addresses of all partners, if a partnership,
and the names and addresses of the principal officers, if a corporation, and
the name and address of a person upon whom a legal notice may be served.
(10)
A copy of all media advertising, including but not limited
to handbills, radio and newspaper advertisements and posters. Such advertising
must bear an accurate reflection of the inventory actually available for sale
and must contain a notice that a copy of the inventory available for sale
is on file at the Town Clerk's office.
[Added 10-16-1979 by L.L. No. 2-1979]
(11)
A letter from the property owner granting permission
to the applicant to peddle, hawk and solicit on the owner's premises.
[Added 10-16-1979 by L.L. No. 2-1979]
(12)
Such other information as may be required by the Town
Board of the Town of Newburgh.
(13)
Proof that the applicant or his or her employer or principal
is registered for sales tax purposes, if the business or activity to be conducted
is subject to sales or use tax.
[Added 12-7-1998 by L.L. No. 12-1998]
(14)
A description of any motor vehicle that will be used
for transient business purposes, or from which a transient business will be
conducted, to include the name of the manufacturer, year, type of vehicle,
vehicle identification number, registration plate number, title holder and
the name of the person other than the title holder to whom the vehicle is
registered, if any.
[Added 12-7-1998 by L.L. No. 12-1998]
(15)
Further information required by the Town Clerk, including
a certificate of insurance with the town named as a co-insured.
[Added 12-7-1998 by L.L. No. 12-1998]
(16)
The application shall be signed by the applicant and
sworn to before a notary public or other officer authorized to administer
oaths.
[Added 12-7-1998 by L.L. No. 12-1998]
B.
If the applicant has one or more employees who will work
in the town, the same information must be supplied as to each employee.
C.
No license shall be issued unless and until the completed
application and any required attachments have been filed in the Town Clerk's
office for at least seven days.
[Added 10-16-1979 by L.L. No. 2-1979]
[Amended 12-7-1998 by L.L. No. 12-1998]
A.
All applicants proposing to sell food items shall be
required to obtain a food-handlers license from the Orange County Health Department.
B.
Locations shall be restricted to established off-street
parking areas. Said location shall be designed to provide parking spaces for
a minimum of five vehicles. Both active and inactive off-street parking areas
may be utilized if the above criteria is met. Written permission of residents
within 500 feet of the proposed location, in all directions, shall be obtained
and must be submitted by applicant.
C.
Not more than one temporary merchant per lot will be
permitted. Temporary merchants shall be prohibited within 1,000 feet of an
established commercial business engaged in similar activity at the time of
the enactment of this section. A minimum distance of 2,000 feet shall be maintained
between locations for temporary merchants.
D.
Temporary merchants shall be prohibited from conducting
business on municipal property.
E.
The area to be occupied by a single temporary merchant,
including stand, tent, wagon, truck, sign and trash receptacle, shall not
exceed 300 square feet.
F.
The temporary merchant shall provide for and maintain
trash receptacles and be responsible for trash removal at the end of each
day.
G.
The temporary merchant shall not sell or transfer the
assigned space.
H.
One freestanding sign per temporary merchant may be permitted.
Signs must be constructed of a durable material and maintained in a presentable
condition. Flashing lights or lighting is prohibited. No sign shall be placed
within 15 feet of a property line or within an established sight triangle
for interior lanes or access driveways. All freestanding signs must be removed
and properly secured during nonoperating hours of the temporary merchant.
Maximum sign face shall not exceed four square feet and shall not exceed four
feet in height.
I.
No charitable organization shall engage in soliciting
before it files with the Town Clerk a list of names, addresses and dates of
birth of persons who will conduct the activity on its behalf and a statement
of the time period during which the solicitation shall occur. No person shall
engage in soliciting on behalf of a charitable organization until this information
has been provided to the Town Clerk.
J.
No peddling or soliciting, whether or not exempt from
the permit requirements of this chapter, shall be conducted before 9:00 a.m.
or after the earlier of 1/2 hour after sunset or 8:00 p.m.
K.
A transient business permit, as defined herein, shall
be limited to a single location; the location must be approved by the Building
Department.
L.
Upon receipt of the application and of the license fee,
and if reasonably satisfied with the applicant's qualifications, the
Town Clerk shall issue a license to the applicant specifying the particular
business authorized as set forth in the definitions herein, and the location
wherein it may be conducted, subject to the approval of the Building Department,
if the permit is for a temporary business permit. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business license. The license shall be produced upon the demand of any
town official, prospective buyer, police officer or sheriff. Any holder of
such license who permits it to be used by any other person and any person
who uses such license granted to any other person shall be guilty of a violation
of this chapter.
A.
The Town Clerk shall keep a record of the applications,
the determinations thereon and of all licenses issued in accordance with this
chapter. The record shall contain the name and residence of the person licensed,
the location of the business, the amount of the license fee paid and the date
of revocation of all licenses revoked.
B.
All licenses hereunder shall expire on the first day
of January following the date of issuance thereof.
[Amended 6-19-1978 by L.L. No. 2-1978]
The fees for all licenses are as prescribed by Chapter 104, Fees.
A licensed peddler, hawker or solicitor shall:
A.
Not willfully misstate the quantity or quality of any
article offered for sale.
B.
Not willfully offer for sale any article of an unwholesome
or defective nature.
C.
Not call attention to his goods by blowing a horn, by
ringing a bell other than a house doorbell, by shouting or crying out or by
any loud or unusual noise.
D.
Not frequent any street in an exclusive nature so as
to cause a private or public nuisance.
E.
Keep the vehicle and/or receptacles used by him in the
furtherance of his licensed business in a sound, clean and sanitary condition.
F.
Keep his edible articles offered for sale well protected
from dirt, dust and insects.
G.
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes nor in
front of any premises for any time if the owner or the lessee of the ground
objects.
A.
Grounds for revocation. Licenses issued under provisions
of this chapter may be revoked by the Town Clerk of the Town of Newburgh after
notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler, hawker or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling, hawking or soliciting
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.
B.
Notice of hearing; service. Notice of the hearing for
revocation of a license shall be given in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address at least
five days prior to the date set for hearing.
C.
Suspension. The Town Clerk, upon receiving information
giving him reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been convicted
of any violation referred to in this section or has been indicted or charged
with or for any crime or offense or has been convicted of any crime or offense,
may forthwith temporarily suspend such license until a hearing is held by
him, as provided herein, and the Town Clerk shall have issued his determination
thereon.
D.
Effect on employees. If the licensee has one or more
employees, the revocation hereunder shall apply to the licensee and all employees
if either he or any one or more of his employees are determined to be in violation
of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 137-7 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license, as provided in § 137-11 of this chapter, shall have the right to appeal to the Town Board of the Town of Newburgh. 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, 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 his 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 11-6-1995 by L.L. No. 7-1995]
Any person who himself or by his clerk, agent, servant or employee shall
act as a peddler, hawker or solicitor, as herein defined, without a license
or who shall violate any of the provisions of this chapter or who shall continue
to act as peddler, hawker or solicitor subsequent to the revocation of his
license shall, upon conviction, be punished by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or both, for each violation.
Each day on which such violation continues shall constitute a separate offense.
