Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fallsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of occupations — See Ch. 182.
[Adopted as Ch. 17 of the 1971 Code]

§ 213-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours.
FOOD PEDDLER, STANDING OR MOBILE
A person or entity that engages in a business for profit who sells, offers to sell, offers or barters to sell food or drink from a pushed, pedaled, pulled or motorized vehicle or from a carried container and/or from one spot upon a public street, sidewalk, rights-of-way, or private or public lands. "Food" is defined as all articles used for food, drink or condiment, including ice or water used by humans, whether simple, mixed or compound, and articles used or intended to be used as ingredients in the composition or preparation thereof.
[Added 7-28-2014 by L.L. No. 4-2014]
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 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.
STANDING PEDDLER
A person or entity engaged in a business for profit who sells, offers to sell, offers or barters to purchase merchandise, goods, services or commodities of any type, or solicits orders for future services, goods, merchandise or commodities, from house to house or place to place, whether by the use of a wagon, cart, pack, basket, container or otherwise for up to one year, whether or not with a display of samples, from one spot on a public street, sidewalk, rights-of-way, upon any lands, whether private or public lands, within the Town.
[Added 7-28-2014 by L.L. No. 4-2014]
WALKING PEDDLER
A person or entity engaged in a business for profit who sells, offers to sell, offers or barters to purchase merchandise, goods, services or commodities of any type, or solicits orders for future services, goods, merchandise or commodities, from house to house or place to place, whether by the use of a vehicle, wagon, cart, pack, basket, container or otherwise, for up to one year, whether or not with a display of samples.
[Added 7-28-2014 by L.L. No. 4-2014]

§ 213-2 Exemptions.

A. 
Nothing in this article shall be held to apply to any sales:
(1) 
Conducted pursuant to statute or by order of any court.
(2) 
To any person selling personal property at wholesale to dealers in such articles.
(3) 
To merchants having an established place of business within the Town or their employees for soliciting orders from customers and delivering the same.
(4) 
To persons under the age of 18 years.
(5) 
To peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.[1]
[1]
Editor's Note: See Town Law § 136(1).
(6) 
To any honorably discharged member of the armed forces or any other person who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York.
B. 
Nonprofit organizations and persons working for such organizations shall also be exempt. However, such organizations shall register annually with the Town Clerk in the event they plan to engage in vending, hawking, peddling or soliciting, and shall indicate the type of activities to be undertaken and the time when they will be performed.

§ 213-3 License required.

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.

§ 213-4 Application for license.

A. 
In addition to the information required by Article I of Chapter 182 of this Code, such application shall also furnish the following additional information:
(1) 
The number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired.
(2) 
The kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform.
(3) 
The method of distribution.
(4) 
The name and address of the person, firm or corporation he represents.
(5) 
The length of time the applicant desires the license.
(6) 
The application of any peddler/solicitor/vendor engaged in the selling or distribution of food or drink, including ice or water consumed by humans, whether simple, mixed or compound, and articles used or intended to be used as ingredients in the composition or preparation thereof shall also be referred to the local Department of Health for an approval of a valid permit. The health permit shall be required in addition to the peddler's license required by this article. Such peddlers' equipment shall be subject to inspections by the Health Department at the time of application and at periodic intervals thereafter. A copy of the Health Department permit must accompany the Town application and remain on file with the Town Clerk's office.
[Added 7-28-2014 by L.L. No. 4-2014]
(7) 
If a motor vehicle is to be used, a description of the vehicle (year, make, model), together with the motor vehicle registration number, license plate number and a copy of the vehicle's current proof of liability insurance and valid New York State Department of Motor Vehicles inspection must accompany the application and remain on record at the Town Clerk's office.
[Added 7-28-2014 by L.L. No. 4-2014]
(8) 
If selling at one location, a notarized written statement from the property owner consenting to applicant's use of his/her property for the sale activities indicated in the permit application must remain on record at the Town Clerk's office.
[Added 7-28-2014 by L.L. No. 4-2014]
B. 
If applicable, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.

§ 213-5 Bonds, when required.

An application for a license as a solicitor who demands, accepts or receives payment of deposit of money in advance of final delivery, shall also be accompanied by a cash deposit of $5,000 or a $5,000 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 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.

§ 213-6 Issuance of license.

Any license authorized under the provisions of this article shall be issued and subject to all the provisions of Article I of Chapter 182 of this Code.

§ 213-7 Use of license by another person prohibited.

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.

§ 213-8 Loss of license.

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.

§ 213-9 Contents and form of license.

[Amended 5-11-2010 by L.L. No. 7-2010]
All licenses shall be issued via a certificate with a Town seal 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, that date of issuance and expiration of the license, fee paid and the name and address of the licensee. Each license issued shall be indexed.

§ 213-10 Term of license.

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.[1]
[1]
Editor's Note: See also § 182-3 and Town Law § 137.

§ 213-11 Exhibition of license.

Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.

§ 213-12 License fee.

A. 
The license fee for each person licensed as a "hawker," "peddler" or "solicitor" for a period of not more than one year shall be as set from time to time by resolution of the Town Board.
[Amended 5-11-2010 by L.L. No. 7-2010]
B. 
The license fee for each person licensed to assist a "hawker," "peddler" or "solicitor" shall be shall be as set from time to time by resolution of the Town Board, for a period of not more than one year.
[Amended 3-4-1982 by Ord. No. 82-2001, effective 3-19-1982; 5-11-2010 by L.L. No. 7-2010]
C. 
For the purpose of this article, a person who assists a "hawker", "peddler" or "solicitor" shall be deemed to be any person who participates in delivering merchandise or any other items sold, performs any services in or about the customer's premises or otherwise generally renders aid or assistance, except participation in selling or soliciting orders.

§ 213-13 Revocation of license.

A license issued pursuant to this article may be revoked as provided in Article I of Chapter 182 of this Code and Town Law § 137.

§ 213-14 Prohibited acts.

A. 
It shall be unlawful for any person to enter upon private property for the purpose of peddling or so soliciting before the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of any day except upon the invitation of the householder or occupant.
B. 
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents," or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
C. 
No peddler or solicitor shall peddle, vend, or sell his goods or wares within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall be permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
D. 
No peddler or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or garage of any person or corporation in the Town.
E. 
No peddler or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry out his wares.
F. 
It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
G. 
No peddler or solicitor shall represent or state or otherwise indicate that he is not intending to sell or otherwise enter into a contract with any person in the household.
H. 
No peddler or solicitor shall, in order to effectuate or assist in any sale or solicitation, represent that he is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
I. 
Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.

§ 213-15 Orders.

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.

§ 213-16 Records.

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 article giving the number and date of each license, the fee paid and the date of revocation of all licenses revoked.

§ 213-17 Penalties for offenses. [1]

A violation of any provision of this article is hereby declared to be a misdemeanor and shall be punishable by a fine not exceeding $1,000, one year's imprisonment, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted as Ch. 65, Arts. III and V, of the 1971 Code]

§ 213-18 Soliciting for rental or sale on public highways prohibited.

No person shall, upon the public highways or in any public place within the Town, for the purpose or intent to solicit or interest another in the rental or sale of any apartment, room, hotel, house, bungalow, camp, business or enterprise, commit any of the following acts:
A. 
Display any sign or advertising matter on or near a stationary vehicle at or near his person.
B. 
Solicit, obstruct, annoy, disturb or interfere with any pedestrian.

§ 213-19 Penalties for offenses.

[Added 8-16-1977 by Ord. No. 77-1]
Any person who shall violate any provision of this article shall be punished as provided in § 1-4 of this Town Code.