[HISTORY: Adopted by the Town Board of the Town of Saugerties 8-1-1985 by L.L. No. 2-1985 (Ch. 17 of the 1975 Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
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 newspapers or milk.
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.
A. 
Generally. Nothing in this chapter 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 berry pickers who sell berries of their own picking.
(4) 
To peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
(5) 
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. 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.
C. 
Interstate commerce. This chapter also shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the Town Clerk for a certificate of compliance, using the form of application described in § 177-4; the applicant shall also submit to the Town Clerk satisfactory evidence that he is engaged in interstate commerce.
D. 
Certificate of compliance. When the applicant shall have established to the satisfaction of the Town Clerk that he is engaged in interstate commerce or is entitled to one or more of the above exemptions, the Town Clerk shall issue to him, without charge, a certificate of compliance, stating among other things that such person has complied with the requirements of this section and has satisfactorily established that he is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this chapter.
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.
A. 
Any person desiring to procure a license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk and shall file at the same time satisfactory proof of good character. Such application shall give:
(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, permanent address, Town address and age of the applicant.
(5) 
Whether or not the applicant has been convicted of a misdemeanor or felony, and if so, give date of conviction, nature of offense, penalty imposed and name and address of court.
(6) 
The name and address of the person, firm or corporation he represents.
(7) 
The length of time the applicant desires the license.
(8) 
Such other information as may be required by the Town Clerk to determine the veracity or to clarify any of the prior statements required in this subsection.
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.
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 $10,000 or a ten-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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Grant; refusal; appeal. Upon the filing of the application as provided in § 177-4, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 177-3 hereof. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or the general welfare.
B. 
Use. A license shall not be assignable. 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 each be guilty of a violation of this chapter.
C. 
Contents. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle, if any, to be used and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
D. 
Display. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand or, if engaged in telephonic solicitation, shall upon each completed call immediately state his name and address and number of his license.
The following fees shall be paid to the Town Clerk for the license herein required:
A. 
Where a vehicle or vehicles is or are to be used by the applicant, the fees shall be:
(1) 
For the first such vehicle so used, the fee shall be as set forth from time to time by resolution of the Town Board.
(2) 
For each additional vehicle so used by any one licensee, the fee shall be as set forth from time to time by resolution of the Town Board.
B. 
Where no vehicle is used by the applicant, or where an additional license is required by § 177-8A hereof, the fee shall be as set forth from time to time by resolution of the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Number limited. Any person using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler or solicitor and, when any additional persons are so employed, an additional license shall be required for each such additional person and the fee fixed in § 177-7B shall be paid therefor.
B. 
Identification card required. The one employee mentioned in Subsection A above who acts with a licensee shall at all times carry and on demand display a card of identification issued by the Town Clerk, which card shall contain the following information: The name of the employee, the name of the employer and the date of expiration of the employer's license. Such identification cards shall be valid until the expiration of the license under which they are issued.
C. 
Statement required. Each such employee shall file with the Town Clerk a statement including his name, age, permanent and Town address and the name and address of his employer. He shall pay to the Town Clerk a fee as set for the from time to time by resolution of the Town Board upon the issuance of the identification card.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Refusal, revocation of card. The provisions of § 177-10 respecting revocation of a license shall apply to the revocation of cards of identification. The issuance of a card of identification may be refused upon the same grounds as set forth in § 177-6A for the refusal of a license.
A. 
License identification. The vehicle kept or used by a licensee in exercise of his license shall be marked on both sides with the number corresponding to the number of his license and the words "Licensed Vendor" in plain letters and figures at least two inches in height and of such color as to be plainly read at a distance of at least 10 feet.
B. 
Name and address of licensee. Every vehicle used by a licensee in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of this license.
After a public hearing thereon at which the licensee shall have an opportunity to be heard, the Town Board may revoke any license issued under this chapter to any applicant whom the Town Board shall determine to be an undesirable person or incapable of properly conducting the trade licensed under this chapter. The granting, refusal or revocation by the Town Board shall be subject to review by certiorari.
A written statement of all orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery, setting forth the terms thereof, the amount paid in advance, the name of the solicitor and the name of the person or firm he represents, shall be given to the purchaser at the time the money is paid to or deposited with the solicitor.
A. 
Unlawful sales. A hawker, peddler or solicitor shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
Sanitary conditions. A hawker, peddler or solicitor shall keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
C. 
Noises. A hawker, peddler or solicitor shall not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry his wares.
D. 
Use of vehicles. A hawker, peddler or solicitor shall not stand or permit the vehicle used by him to stand in one place in any street or public place for more than 10 minutes.
E. 
Obstructions. A hawker, peddler or solicitor shall not 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.
F. 
Measuring devices. A hawker, peddler or solicitor shall not use any weighing or measuring device unless the same shall have been examined and sealed by the Sealer of Weights and Measures.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
School premises. A hawker, peddler or solicitor shall not sell or offer for sale any product on the public highway within one street block of any school building in the Town between the hours of 8:00 a.m. and 5:00 p.m.
H. 
Appealing to sympathies. 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. 
Soliciting on private property. No hawker, peddler or solicitor shall canvass or solicit on any private property or in any private or semipublic building without the consent of the owner or lessee thereof when a notice forbidding such general canvassing or soliciting has been conspicuously posted thereon.
A. 
Applicability of section. The provisions of this section shall not apply to any corporation organized under the Religious Corporations Law, nor to solicitations at the regular exercises or services of any lodge, benevolent order or fraternity, or any branch thereof, whenever such solicitation is made at the regularly appointed meetings and regular places of worship or exercises of such lodge, order or fraternity.
B. 
License, identification card required. It shall be unlawful for any person, organization, society, association or corporation or his or her or its agents or representatives to solicit money, donations of money or property, or financial assistance of any kind upon the streets, in office or business buildings, by house-to-house canvass or in public places in the Town, except upon a license issued by the Town Clerk.
C. 
Application for license; contents. An application to solicit funds for any cause whatever, as provided for in this section, shall be addressed to the Town Clerk at least two weeks in advance of the first day of solicitation and such application shall contain the following information:
(1) 
The name and purpose of the cause for which permission is sought.
(2) 
The names and addresses of the officers and directors of the organization.
(3) 
The time for which permission is sought and localities and places of solicitation.
(4) 
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation.
(5) 
Such other information as the Town Clerk shall require to determine the veracity or to clarify any of the prior statements required in this subsection.
D. 
Statement of finances. It shall be the duty of the Town Clerk before granting permission to solicit funds or donations, as provided for in this section, to compel the applicant to file with him a signed statement of all moneys collected in the calendar year or the fiscal year of such organization, society, association or corporation previous to the application, the expenditures connected therewith, together with the names and addresses of all persons receiving wages, commissions or emoluments, and the amounts so expended.
A violation of any provision of this chapter shall be punishable by a fine not exceeding $250 or imprisonment of not more than 15 days, or both.