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.
PERMITTED PLACE
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.
SOLICITOR
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.
[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.
[Amended 12-16-2015 by L.L. No. 3-2015]
A. 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.
B. 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.
C. It shall be the duty of the Building Department and Department of
Public Works to enforce the provisions of this chapter.