The purpose of this chapter shall be to preserve the public
peace and good order in the Town of Webster and to contribute to the
peace, welfare and good order of its people by licensing such occupations
as 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:
ESTABLISHED PLACE OF BUSINESS
A building, store or vacant property in which or where the
person transacts business and sells and deals in, during regular business
hours, the goods, wares and merchandise he hawks, peddles or for which
he solicits.
ITINERANT VENDOR
A person who engages in the act or occupation of selling
or offering for sale from one or more locations(s), 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 in the Town of Webster by
going from house to house, store to store or place of business to
place of business goods, wares or merchandise, services, meats, fish,
or produce.
PERMITTED PLACE
A peddler, huckster, place-to-place salesperson and solicitor
may perform his/her respective acts and occupations at any place in
the Town of Webster, except on property owned by the Town of Webster
or any district thereof, or any public highway right-of-way, or on
property owned by any school district or as otherwise prohibited by
the owner of private property.
PLACE-TO-PLACE SALES PERSON
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 §
234-2 hereof without having obtained and paid for and having in force and effect the license prescribed by this chapter.
All licensees hereunder shall comply with the following regulations:
A. Each of such licensees shall carry
the license issued to him by the Town Clerk upon his person at all
times when the licensee is engaged in any activity defined in this
chapter. The licensee shall produce such license and exhibit the same
at any time to any person who desires an inspection thereof.
B. The Town Clerk reserves the right
to set a limit of the number of licenses issued to individuals of
the same organizations/or product distributor.
C. Licenses shall not be transferable.
D. None of such licensees shall falsely
or fraudulently misrepresent the quality, quantity or character of
any products or services offered for sale or hire.
The Supervisor or Town designee may, at any time, for a violation
of this chapter or any other ordinance or any law, revoke any license.
When a license shall be revoked, no refund of any unearned portion
of the license fee shall be made. The Supervisor shall notify the
Town Clerk of the revocation of any license, and the reason or reasons
therefor, in writing, shall be served by the Town Clerk upon the person
named in the application. A copy of such notice shall be filed in
the office of the Town Clerk.
No person duly licensed pursuant to § 32 of the General
Business Law of the State of New York shall be required to a license
hereunder, but shall comply with all the regulations hereof.
Any person who himself or by his clerk, agent or employees shall
act as a hawker, peddler, solicitor, or place-to-place salesperson
as herein defined without a license or who shall violate any of the
provisions of this chapter or who, having had his license revoked,
shall continue to act as a hawker, peddler, solicitor, or place-to
place salesperson shall be guilty of a violation as defined by the
Penal Law, punishable by a maximum fine of $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.