[HISTORY: Adopted by the Town Board of the Town of Penfield 5-4-1981. Amendments noted where applicable.]
This chapter shall be known as the "Penfield License Ordinance."
The purpose of this chapter shall be to preserve the public peace and good order in the Town of Penfield and to contribute to the peace, welfare and good order of its people by licensing such occupations as are herein defined and thereby identifying and regulating the conduct of persons engaged in the same.
As used in this chapter, the following terms shall have the meanings indicated:
- ITINERANT VENDOR
- A person who engages in the act or occupation of selling or offering for sale from a fixed location or locations at times, and from time to time, goods, wares or merchandise, meats, fish and produce, from any portable cart, stand, vehicle or display device of any nature.
- PEDDLER or HUCKSTER
- A person who engages in the act or occupation of selling or offering for sale, in permitted places by going from house to house, store to store or place of business to place of business, goods, wares or merchandise, meats, fish or produce.
- A. A peddler, huckster, place-to-place salesperson and solicitor may perform his/her respective acts and occupations at any place in the Town of Penfield, except on property owned by the Town of Penfield or any district thereof, or on property owned by any school district, or otherwise prohibited by the owner of private property.
- B. An itinerant vendor may perform his/her acts and occupation only on privately owned property, with permission of the property owner, and in the areas of the Town of Penfield zoned General Business, Business Non-Retail and Limited Business except on property therein owned by the Town of Penfield or any district thereof, or on property owned by a school district.[Amended 12-16-2015 by L.L. No. 3-2015]
- PLACE-TO-PLACE SALESPERSON
- A person who engages in the act or occupation of selling or offering for sale, or soliciting contracts to sell or lease in the future, in permitted places by going from house to house, store to store or place of business to place of business, any item for future delivery, such as, but not limited to, goods, wares or merchandise, meats, fish or produce, personal services and subscriptions to books and magazines.
- A person who engages in the act or occupation of requesting the donation of money or goods for any purpose in permitted places, by going from door to door, store to store or place of business to place of business, or by requesting the donation of money or goods from any single place or places.
It shall be hereafter unlawful for any person, firm, association or corporation to carry on any occupation as defined in § 162-3 hereof without having first obtained the license prescribed by this chapter.
An application and nonrefundable fee must be submitted to the Town Clerk. Said fee shall be established from time to time by resolution of the Town Board.
A license pursuant to this chapter shall be issued for a period of not more than one year and shall in any event expire on the 31st day of December following the date of its issuance.
A license pursuant to this chapter shall be issued by the Town Clerk, who shall keep an accurate and permanent record of the name, address and occupation of the licensee, the date of issuance and expiration of the license and fees received therefor.
All application fees and license fees received by the Town Clerk hereunder shall be paid over to the Supervisor to become part of the general fund of the Town of Penfield. Fees for licenses hereunder shall be established by resolution from time to time by the Penfield Town Board.
The form for license applications for peddlers, hucksters and place-to-place salespersons, and the licenses, shall be promulgated by the Penfield Town Clerk.
A license may be refused to the applicant if he/she shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the occupation of peddling, soliciting or huckstering. The Town Clerk may also refuse a license to any person who, in his/her judgment, shall be an undesirable person or unable to properly conduct soliciting, huckstering or peddling within the Town of Penfield.
Any applicant who has been refused by the Town Clerk may apply to the Town Board therefor; and the same may be granted or refused by the Board.
The Town Clerk may conduct an investigation into any of the above matters to enable him/her to determine the advisability of issuing a peddler's license to the applicant, and said Town Clerk shall have a minimum period of two weeks to conduct said investigation. The issuance of the license shall be delayed for such period of two weeks and for a longer period of time, if necessary, to complete said investigation.
No license for an itinerant vendor shall be issued until the applicant has been obtained and furnished to the Town Clerk:
Written consent of the property owner of the location where such activity will occur.
Written recommendation of the Zoning Board of Appeals after public hearing that such license be issued. Said recommendation may be issued with conditions and, if so, such conditions shall be incorporated into the license to be issued.
The Zoning Board of Appeals shall recommend the issuance of a license to an itinerant vendor only if it finds:
That the proposed use will create no risk of danger or danger to persons or property.
That the proposed use will not create an increase in vehicular traffic or interfere in any manner with pedestrians or vehicles lawfully on the roadways.
That the proposed use will have no detrimental effect on adjacent property, nor interfere with the lawful enjoyment of adjacent property.
That the proposed use will not create noise or litter.
No license shall be issued until the fee therefor has been paid in full to the Town Clerk.
Each person engaged in any activity defined in this chapter shall be separately licensed, and each location for an itinerant vendor shall be separately licensed. Licenses shall not be transferable and must be carried by the licensee at any and all times licensee is engaged in any activity defined in this chapter.
Any person licensed under this chapter shall produce and exhibit his/her license upon the request of any person desiring inspection thereof.
No person licensed under this chapter shall falsely or fraudulently misrepresent the quality, quantity or character of any products offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
None of the foregoing licensees shall use any of the public streets or government property within the Town of Penfield as standing places for their vehicles, handcarts or pushcarts for the conduct of their business. Any person licensed under this chapter shall only be permitted to conduct business between 10:00 a.m. and sunset, as determined by the National Weather Service.
[Amended 8-19-1998; 12-16-2015 by L.L. No. 3-2015]
Nothing in this chapter shall be construed so as to prevent the sale and/or inspection of milk or ice and such articles which are governed by the provisions of the statutes of the State of New York and the health ordinances of the Town of Penfield, County of Monroe, State of New York.
Any person licensed pursuant to General Business Law § 32 shall comply with the provisions of this chapter as mandated in General Business Law § 32(8).
[Amended 12-16-2015 by L.L. No. 3-2015]
Any license issued hereunder may be revoked by the Town Board after a hearing on five days' notice to the licensee upon proof that such licensee has violated any of the regulations of this chapter or any conditions upon which this license was issued.
Any person engaging in the activity of solicitor as defined in this chapter on behalf of a bona fide and duly organized not-for-profit corporation or association, religious corporation or local chapter of a national service organization shall be exempt from the requirements of this chapter.
Any person engaged in the activity of an itinerant vendor defined in this chapter on behalf of a bona fide and duly organized not-for-profit corporation or association, religious corporation or local chapter of a national service organization shall be exempt from the requirements of this chapter, except that such activity shall take place only in a permitted place, as defined in § 162-3, and said organization must have written consent from the property owner of the location where such activity will occur.
[Amended 12-16-2015 by L.L. No. 3-2015]
Any person, firm, association, or corporation who or which shall violate any provision of this chapter shall be guilty of a violation as defined in the Criminal Procedure Law of New York, punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each day that a violation of any of the provisions of this chapter occurs shall be deemed a separate offense.
In addition to the foregoing, there may be recovered from such person, firm, association or corporation found to be violating this chapter a penalty of $25 for each day such violation continues, not exceeding in all the sum of $500, to be recovered by the Town of Penfield in a civil action.
It shall be the duty of the Building Department and Department of Public Works to enforce the provisions of this chapter.