[HISTORY: Adopted by the Council of the City
of Beacon 1-17-1972 as Ch. 19 of the 1972 Code of Ordinances; amended
in its entirety 5-4-2015 by L.L.
No. 3-2015. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person hawking, peddling, vending, selling or soliciting
orders for merchandise, seeking donations or conducting surveys in
the streets and public ways of the City or from house to house and/or
door to door shall be deemed to be a peddler. An ice-cream truck and
other similar food trucks or carts shall be considered peddlers.
Any person going from house to house, from store to store,
from place to place or from street to street to sell or take orders
for goods, wares, merchandise or provisions, including books or periodicals,
for future delivery, or for services to be performed at any place
within the City of Beacon, or to distribute advertising matter or
request the contribution of funds in connection with a commercial
enterprise.
A.
The payment of fees pursuant to this chapter, except any and all
fees which are required to be paid for fingerprinting or fingerprint
processing, shall not apply to a person who shall sell farm produce
if such farm produce is hawked or peddled by the producer thereof
or his/her servants or employees; to a person who is an honorably
discharged member of the Armed Forces of the United States who is
disabled as the result of injuries received while in the Armed Forces
of the United States or the holder of a license granted pursuant to § 32
of the General Business Law, who must display said license upon request
of the licensing officer and provide a copy to the licensing officer;
to churches, schools and charitable organizations; or to minors who
are selling merchandise or services for themselves.
B.
All persons, firms, associations, copartnerships or corporations
licensed under other sections of the Charter and ordinances of the
City, or otherwise specifically exempted by law, are hereby exempted
from the provisions of this chapter.
C.
Nothing contained in this chapter shall be construed to limit or
restrict any person, firm, association, copartnership, or corporation
engaged in wholesale distribution from soliciting from and delivering
orders to any store or retail establishment in the City.
D.
It is expressly provided that those peddlers/solicitors who can satisfy
all of the following criteria are exempt from the provisions of this
chapter, as follows:
(1)
Have been peddling/soliciting in the City of Beacon continuously
since on or before August 19, 1992;
(2)
Have always conducted themselves in a proper manner and maintained
clean locations;
(3)
Have obtained a permit prior to April 12, 2002; and
(4)
Comply with all Health Department requirements, sales tax requirements,
and certifications from the County Sealer of Weights and Measures,
if applicable.
E.
A child 18 years of age or under who resides within the City of Beacon
and who solicits or peddles on behalf of a charitable, religious,
athletic, social, educational or civic organization, including but
not limited to the Boy Scouts, Girl Scouts, Cub Scouts or Brownie
Scouts or clubs, classes or organizations sponsored by a public or
private school, is hereby exempted from the provisions of this chapter.
F.
Nothing contained in this chapter shall be construed to limit or
restrict any political candidate or member of the political candidate's
campaign committee from traveling from place to place or maintaining
a stand or booth for the purpose of seeking donations, conducting
surveys or canvassing for political purposes.
A person who is in possession of a license issued to a peddler
using a vehicle may employ one person and no more to assist such peddler
in selling and delivering the wares and merchandise, but such person
who may so assist the licensed peddler without any additional license
may only so act while accompanying a licensed peddler.
A.
No person shall act as a peddler or solicitor nor cause or permit another person to peddle or solicit without first having obtained, paid for (unless exempt as set forth in § 163-2) and having in force and effect a license under the provisions of this chapter.
B.
No person shall granted a license pursuant to this chapter unless
he/she has submitted fingerprint cards to the entity designated by
the City of Beacon Police Department for the purpose of performing
a criminal background check (See § 163-5(B) below.)
A.
Every applicant for a license is required to submit to the licensing
officer a written application supplying under affidavit the following
information:
(1)
Whether or not the applicant has been convicted of a crime other
than a violation or minor traffic offense;
(2)
In detail the particular business, trade or occupation for which
the license is required. Use of the license for sale of a different
item or a different trade or occupation than stated on the license
shall constitute a violation of this Code and shall subject said license
to revocation or suspension;
(3)
The manner or means of conveyance in which said business or trade
or occupation shall be conducted;
(4)
The locality within which it is desired to carry or engage in said
trade, including whether said trade will be conducted from a mobile
or stationary position and, if stationary, a description of the stand
to be used. No more than one peddler or solicitor shall be permitted
to maintain a stationary stand in the same location. The license issued
to a peddler or solicitor shall specifically state the location in
which the peddler or solicitor is authorized to maintain a stationary
stand and the authorized location shall be permitted on a first- come-first-served
basis based upon the application filing date; and
(5)
The business or occupation and the name of the person or persons,
firm or corporation applying for such license, specifying the residence
of such person or persons or the residence of the persons composing
any such firm or the principal place of business of any such corporation
and the name of the officer, in the case of a corporation, upon whom
process or other legal notice may be served and also the date(s) of
birth of said person(s); and
(6)
That she/he is a fit and desirable person and is capable of properly
conducting the trade or occupation desired.
B.
Criminal history.
(1)
No license shall be issued pursuant to this chapter until a criminal
history check has been performed on the applicant.
(2)
A license may be refused or revoked if the applicant shall have been
convicted of a misdemeanor or felony, which in the judgment of the
licensing officer renders the applicant unfit or undesirable to carry
on the trade or occupation involved.
(3)
It is necessary to scrutinize the background of all license applicants,
as they may become privileged to knowledge of homes that are unoccupied
during certain hours.
(4)
All applicants must be fingerprinted as part of the criminal history
check process. Applicants shall submit their fingerprinting cards
to the entity designated by the City of Beacon Police Department.
(5)
The applicant shall be charged the processing fee for the criminal
history check performed in connection with review of her/his application.
C.
When applicable, a peddler or solicitor must submit proof that she/he
has a valid certificate of authority from the New York State Department
of Taxation and Finance to collect sales taxes in order to receive
a license from the licensing officer.
D.
If the applicant uses scales and/or measures in connection with her/his
business, she/he shall also file with her/his application a certificate
issued by the County Sealer of Weights and Measures that such scales
and/or measures have been tested and sealed.
E.
If the applicant sells food, she/he must file proof of compliance
with all Department of Health rules and regulations as a prerequisite
to receipt of a license.
F.
The applicant must provide proof of all necessary insurance, as determined
by the licensing officer, in order to receive a license.
G.
The applicant must produce a current photo identification card with
her/his application.
A.
The fee for the issuance of a license pursuant to this chapter shall
be as set forth in the fee schedule of the City of Beacon.
B.
Each such license shall be issued and valid, unless suspended or
revoked, for one calendar year for annual licenses, and until the
end of the calendar quarter, i.e., March 31, June 30, September 30
or December 31, for quarterly licenses.
A.
If an applicant is granted a license pursuant to this chapter, she/he
shall carry it on her/his person, at all times she/he is so peddling
or soliciting, and shall display such license upon request by any
police officer of the City or a person to whom such peddler or solicitor
offers merchandise for sale or is soliciting.
B.
If such peddler or solicitor is using a vehicle, she/he shall securely
attach the license issued to her/him to a conspicuous and indispensable
part of such vehicle so that it may be clearly seen at all times when
such vehicle is used in peddling and hawking.
In the event that any license lawfully issued under this chapter
is lost by the holder thereof, she/he must report that fact to the
City Clerk, who, if satisfied as to the facts establishing the loss
of a license, may thereupon issue a duplicate license to the peddler
or solicitor whose license has been lost. Such duplicate license shall
be plainly marked upon the face thereof "duplicate."
A.
No peddler or solicitor shall peddle or solicit within 200 feet of
any lands occupied exclusively as a public or private school or for
school purposes, nor shall such peddler or solicitor permit his cart,
wagon or vehicle to stand on any public highway within said distance
of such school property. No one who is peddling or soliciting from
place to place shall peddle or solicit within a one-thousand-foot
radius of any established fixed similar business, unless the owner
of such fixed similar business has provided the City with written
consent.
B.
No peddler or solicitor shall peddle or solicit in any public building, park or recreation area or in any public marina or dock or park, except the Pete and Toshi Seeger Riverfront Park and City-owned property adjacent to the Beacon Train Station, which locations are addressed in § 163-9C, unless written permission is first received from the City Administrator. The City Administrator shall issue written permission at his or her discretion, but shall take into account the following criteria:
(1)
The number of licenses previously issued for sale of the same or
similar product;
(2)
The number of previously issued licenses in total;
(3)
The number of businesses located in the City of Beacon engaged in
the sale of the same or similar product; and
(4)
Possible impacts to trash, foot traffic and municipal operations
or function.
C.
No peddler or solicitor shall peddle or solicit at the Pete and Toshi
Seeger Riverfront Park or at the City-owned property adjacent to the
Beacon Train Station unless a license is first granted by the City
Council following the issuance of a request for proposals (RFP). The
City Council shall issue an RFP once per year and shall grant one
license per year for the Pete and Toshi Seeger Riverfront Park and
one license per year for the City-owned property adjacent to the Beacon
Train Station which license shall be valid for a period of one year
following the date of issuance. The City Council shall have the discretion
to grant more than one license for these locations, provided each
additional license is not for the sale of the same or similar product.
D.
It shall be unlawful for any peddler or solicitor, in plying his/her
trade, to ring the bell or knock upon or enter any building whereon
there is painted or otherwise offered 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.
E.
No peddler or solicitor shall peddle or solicit from a vehicle, trailer,
or any other type of stand located on private property, unless such
stand shall meet all the requirements of the Building Code of the
City as a structure and shall have been inspected and approved by
the City Building Inspector or his/her designated agent.
F.
No peddler or solicitor shall remain stationary upon any public property,
including streets, sidewalk areas, parks and all other public property,
for the purpose of peddling or soliciting unless said peddler or solicitor
has set up a stand from which to engage in the process of transacting
sales, however, the stand shall not remain overnight upon any such
public property.
G.
It shall be unlawful for any peddler or solicitor, in plying his/her trade, to ring the bell or knock upon or enter upon any residential dwelling or property before the hour of 10:00 a.m. or after the hour of 8:00 p.m. This provision shall apply to any person engaged in peddling or soliciting even if otherwise exempt from the provisions of this chapter pursuant to § 163-2.
[Added 9-5-2017 by L.L. No. 9-2017]
A.
The City Clerk shall maintain a "Do Not Solicit" list of City residents
who do not wish to allow registrants under this chapter upon their
property. The "Do Not Solicit" list shall contain only the street
address of the property and no personal ownership information.
B.
All residents shall be permitted to have their property listed on
the "Do Not Solicit" list by submitting a written or electronic request
to the office of the City Clerk.
C.
On a quarterly basis, the City Assessor shall notify the City Clerk
of any change in ownership of property within the City, and the City
Clerk shall remove from the "Do Not Solicit" list any property for
which ownership shall have changed subsequent to the time of listing.
D.
Every registrant under this chapter shall be issued a copy of the then-current "Do Not Solicit" list simultaneously with the license issued by the City Clerk pursuant to § 163-10 hereof. Where more than one individual will be engaged in canvassing or soliciting activities on behalf of an organization, group, company or other entity, it shall be the obligation of that entity to provide true copies of the "Do Not Solicit" list to each such individual. No canvasser or solicitor licensed under § 163-7 of this chapter shall enter onto or into any property that is listed on the "Do Not Solicit" list.
E.
No canvasser or solicitor registered under this chapter shall enter
onto or into any property on which there is a sign or signs posted
stating "No Solicitors" or conveying a similar message forbidding
the entry of any person onto the property. It shall be the responsibility
of registered canvassers and solicitors to check each residence for
the presence of any such notice.
F.
Being listed on the "Do Not Solicit" list or the presence of such
a sign shall constitute sufficient notice to any registered canvasser
or solicitor of the intent of the occupant of the residence to be
free from such solicitation or canvassing.
G.
It shall constitute a violation of this chapter punishable under § 163-12 for any registered canvasser or solicitor to go upon any premises and ring a doorbell, knock, or make or create any sound designed to attract the attention of the occupant with the purpose of gaining access to the occupant or entering onto or into the premises for the purpose of engaging in soliciting or canvassing where the premises is either included on the "Do Not Solicit" list or posted in the manner described in Subsection E of this section.
The City Clerk shall be the licensing officer and the commissioner
of licenses for the purposes enumerated in the General Business Law
of the State of New York and shall keep a record in his/her office
of each license issued and all renewals.
A.
Licenses issued under this chapter may be revoked or suspended at
any time for cause by the Mayor or the Chief of Police if the peddler/solicitor
is conducting any illegal activity from any location from which the
peddler/solicitor is conducting business if the peddler/solicitor
violates any provision of this chapter; or if the person to whom the
license has been issued is or has been convicted of a misdemeanor
or felony, which in the judgment of the Mayor or Chief of Police renders
the applicant unfit or undesirable to carry on the trade or occupation
involved.
B.
There is hereby created the City of Beacon Peddling and Soliciting
Appeals Panel, consisting of three members, who shall be appointed
by the Mayor subject to Council approval. The term of each panel member
shall be for three years.
C.
Any licensee may challenge the determination of the Mayor or Chief
of Police by filing an appeal with the City of Beacon Peddling and
Soliciting Appeals Panel ("Appeals Panel") within 30 days of receipt
of said determination. Said appeal shall be in writing and shall be
limited to the issues before said Mayor or Chief of Police. The Appeals
Panel shall permit the peddler/solicitor the opportunity to appear
before it at a public meeting and to present information orally and
in writing which supports the position of said party.
D.
The Appeals Panel shall, after due deliberation, and within 60 days
of receipt of the appeal, make a determination:
Any person, association, partnership or corporation violating
any provisions of this chapter shall be guilty of a violation and
shall be punishable by a fine of not less than $50 and not more than
$250 for each violation or by imprisonment not to exceed 15 days,
or a combination of both.
