[HISTORY: Adopted by the Town Board of the Town of Goshen 6-5-1958; amended in its entirety 7-28-2005 by L.L. No. 8-2005. Subsequent amendments noted where applicable.]
Legislative intent. This chapter is enacted for the purpose of regulating the distribution of certain materials, peddling, vending soliciting and related activities within the Town of Goshen. The licensing of persons engaged in the above-mentioned activities is required so that the identity of persons going door-to-door or distributing materials within the Town may be established, the rights of legitimate businesses may be protected, general regulations may be more effectively enforced, the health, safety and welfare of the inhabitants of the Town may be protected and maintained and dishonest business practices and dishonest solicitation of funds in the Town may be prevented.
License required. It shall be unlawful for any person to engage in the business of peddler, vendor or solicitor as defined in § 73-2, within the limits of the Town of Goshen, excluding that portion thereof within the Incorporated Village of Goshen, without first obtaining a license as provided herein.
Exemptions. Nothing in this chapter shall be held to apply to:
Honorably discharged soldiers of the United States Armed Forces who have obtained a license from the County Clerk in connection with § 32 of the General Business Law;
Any sale conducted by statute or court order;
Any person selling personal property at wholesale to dealers who may then resell such articles;
Merchants having an established place of business within the Town;
Farmers who produce commodities for sale to the general public;
Any candidate running for a governmental office or his representative; or
Persons soliciting or collecting for any bona fide charitable or not-for-profit organization having a permanent office within a radius of 50 miles of the Town of Goshen.
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building, store or depository in which or where a person transacts business and deals with goods, wares, merchandise or services in the ordinary and regular course of business.
- Any person who, in any street or public place, or by going from house to house or from place to place, or any combination thereof, on foot or from any vehicle, sells or barters or offers for sale or barter any goods, ware, merchandise or services. For the purpose of this chapter, the entity which engages a person as their agent for the purposes of peddling is also considered a "peddler" within the meaning of this section and is subject to all provisions herein.
- Any individual, firm, partnership, corporation, company, association, society, organization or league and includes any trustee, receiver, assignee, agent, volunteer, employee or other representative thereof.
- Any person traveling either by foot or vehicle from house to house, street to street, place of business to place of business, or any combination thereof, who takes or offers to take orders for the sale of goods, wares or merchandise, for present or future delivery, or for the performance of present or future services, whether or not payments is collected at time of sale or in the future. For the purposes of this chapter, the entity which engages a person or their agent for the purposes of soliciting is also considered a "solicitor" within the meaning of this section and is subject to all provisions herein.
- Any person who, without traveling from place to place, sells or offers for sale goods, wares or merchandise, food, foodstuffs or provisions from any stand, booth, vehicle, wagon, trailer or other conveyance, which is located on public property or a flea market authorized and approved under Chapter 61 (Flea Markets) and Chapter 97 (Zoning) of this Code. Any person operating at a stationary location on private property shall not be considered a "vendor" as defined herein, but shall be considered a business owner and/or retail business and subject to all applicable provisions contained in the Zoning Code, Chapter 97.
Persons required to obtain a license under this chapter must file with the Town Clerk a sworn application in writing, in duplicate, on a form to be furnished by the Town Clerk, which shall give the following information:
Name and description of the applicant.
Address (legal and local).
A brief description of the nature of the business and the goods to be sold, and in the case of products of a farm or orchard, whether produced or grown by the applicant.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
Two photographs of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which pictures shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
A statement as to whether or not the applicant has been arrested for or convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
Two references, including one from a bank.
A complete set of fingerprints of the applicant.
A certificate from the Sealer or Weights and Measures of the County of Orange, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
At the time of filing the application, a fee of $500 shall be paid to the Town Clerk to cover the cost of investigation.
[Amended 7-24-2008 by L.L. No. 4-2008]
Upon receipt of such application, the Town Clerk shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
If as a result of such investigation the applicant's character and business responsibility are found to be unsatisfactory, the Town Clerk shall endorse on such application his/her disapproval and his/her reasons for the same and return the said application to the applicant.
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Town Clerk shall endorse on the application his approval and shall, upon payment of the prescribed license fee, issue a license, but no such license shall be issued until the lapse of 48 hours following the filing of an application therefor, Saturdays, Sundays and holidays to be excepted in such computation. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, a description of the licensee (including his photograph), as well as the license number and other identifying description of any vehicle used by the licensee. The Clerk shall keep a permanent record of all licenses issued.
Any applicant who has been refused a license by the Town Clerk may apply to the Town Board therefor and the same may be granted or refused by the Board except as prohibited in § 137 of the Town Law.
[Amended 7-24-2008 by L.L. No. 4-2008]
A license may be issued for one year for each license, and the fee therefor shall be $1,000, payable upon issuance of the license, or may be issued by the day for a fee of $200 per day. Such license shall only be valid between the hours of 9:00 a.m. and 5:00 p.m.
No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
No peddler, vendor or solicitor shall have any exclusive right to any location in the public street, nor shall any peddler, vendor or solicitor operate in any congested area where such operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
No peddler, solicitor or vendor may conduct such business within 250 feet of any school building or playground or public park.
Sound amplifiers and other noises prohibited. No licensee nor any person in his behalf shall shout, make an outcry, blow a horn, ring a bell, other than a doorbell, or use any sound device, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of said Town or upon any private premises in said Town where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purposes of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. The ringing of a bell shall not apply to the usual bells on a junk dealer.
No peddler, solicitor or vendor may be permitted to operate at a stationary location on public or private property, except as provided for in Chapter 61 (Flea Markets) and Chapter 97 (Zoning). Any peddler, solicitor or vendor operating a business for a stationary location on private property is in violation of this chapter. Any person seeking to operate any business on private property must comply with applicable provisions of Chapter 97 (Zoning) of the Town of Goshen.
No peddler, solicitor or vendor shall enter onto private or public property which has displayed a sign bearing the words "No Peddling or Soliciting" or words of like intent, nor shall any peddler, solicitor or vendor remain on any premises after the owner or an occupant thereof requests his/her departure.
All orders taken by a licensed solicitor, peddler or vendor for which he or she accepts or demands payment of deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time of deposit or money is paid to the solicitor, peddler or vendor. Such orders can be taken only in compliance with all applicable state and federal laws and Federal Trade Commission rulings and nothing herein shall be taken to waive such restrictions; all applicable sales tax shall be paid pursuant to state and federal laws.
Licensees are required to exhibit their licenses at the request of any citizen.
Permits and licenses under the provisions of this chapter may be revoked by the Town Board of the Town of Goshen after notice and public hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the business licensed under this chapter.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business licensed under this chapter 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
Notice of 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.
The Town Clerk shall have the power to temporarily suspend any license, upon written complaint, pending the hearing herein provided for.
The license fee provided for by this chapter shall not be so applied as to occasion an undue burden on interstate commerce. In any case where an applicant or licensee believes that the fee places and undue burden upon interstate commerce, he may apply to the Town Clerk for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair to such commerce. Such application may be made before, at the time of or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and, if required by the Town Clerk, by verbal testimony, show his method of doing business, including place of origin of the goods sold or to be sold, and such other information as the Town Clerk shall require in order to determine the extent, if any, of any undue burden on such commerce. In the event the Town Clerk shall determine that the fee for license is an undue burden upon interstate commerce, he shall refund all or such part of such fee as he shall determine to be such undue burden.
Before any license as hereinbefore provided shall be issued to a licensee, the applicant shall file with the Town Clerk, as a part of the application, an appointment of the Town Clerk as the applicant's true and lawful attorney with full power and authority to receive service or notice of process for or on behalf of said applicant in respect to any matters connected with or arising out of business transacted under said license, in the same manner and with the same effect as if personally served upon the applicant. Immediately upon service of process upon the Town Clerk as herein provided, the Town Clerk shall send to the licensee at his address shown on the application, by certified mail, a copy of said process.
[Amended 7-24-2008 by L.L. No. 4-2008]
Any person violating any of the provisions of this chapter shall be guilty of a violation, punishable by a fine of $500 for the first offense and $1,000 for each subsequent offense in any twelve-month calendar period.