As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during regular business hours on a daily basis.
HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who from any public street 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, sells or barters, offers for sale or barters, or carries
or exposes for sale or barter any goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value, except milk, newspapers and
food distributed on regular customer routes.
SOLICITOR
Includes any person who goes from place to place or house to house
or by telephone or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines, periodicals
or any other item or items of value (except newspapers or milk), or for services
to be performed in the future, or for making, manufacturing, or repairing
any article or thing whatsoever for future delivery. The term "solicitor"
shall, however, also mean and include any person taking or offering to take
orders for goods, wares or merchandise, books, magazines, periodicals or any
other item or items of value (except newspapers or milk), or for services
to be performed in the future or for making, manufacturing, or repairing any
article or thing whatsoever for future delivery at the home or residence of
any person who has been solicited prior thereto by telephone, or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
It shall be unlawful for any person within the corporate limits of the
Town to act as a hawker, peddler or solicitor as herein defined or assist
same without first having obtained and paid for, and having in force and effect,
a license therefor.
An application for a license as a solicitor who demands, accepts or
receives payment or deposit of money in advance of final delivery, shall also
be accompanied by a cash deposit of $5,000 or a five-thousand-dollar surety
company bond or other bond secured by sufficient collateral, said bond to
be approved by the Town Attorney as to form and surety conditioned for making
a final delivery of the goods, wares, or merchandise ordered, or services
to be performed in accordance with the terms of such order or failing therein,
that the advance payment on such order be refunded. Any person aggrieved by
the action of any licensed solicitor shall have the right by action on the
bond for the recovery of money or damages, or both. Such bond shall remain
in full force and effect, and in case of a cash deposit, such deposit shall
be retained by the Town for a period of 90 days after the expiration of any
such license, unless sooner released by the Town Board.
Any holder of any license who permits it to be used by any other person,
and any person who uses such license granted to any other person shall each
be guilty of a misdemeanor.
Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate in lieu thereof, under the original
application and bond may be issued by the Town Clerk upon the filing with
him by the licensee of an affidavit setting forth the circumstances of the
loss, and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in that order in which they
are issued and shall state clearly the kind of vehicle to be used, the kind
of goods, wares and merchandise to be sold or service to be rendered, the
number of his license, the date of issuance and expiration of the license,
fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant but
shall expire not later than the first day of January next succeeding.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
A license issued pursuant to this chapter may be revoked after a public
hearing as provided in Article 9 of the Town Law.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing
made in duplicate, stating the terms thereof and the amount paid in advance,
and one copy shall be given to the purchaser at the time the deposit is paid
to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter giving the
number and date of each license, the fee paid and the date of revocation of
all licenses revoked.
[Amended 5-11-1993 by ordinance (Res.
No. 124-93)]
Any violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
III, General Penalty, of the Code of the Town of Southport.