[HISTORY: Adopted by the Town Board of the Town of Webster 4-13-1956 (Ch. 159 of the 1991 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]. Subsequent amendments noted where applicable.]
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.
A. 
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.
B. 
All licenses pursuant to this chapter shall be initially issued for 90 days and extended for a period of 30 days if applied for before the initial permit expires. No license will be issued for longer than twelve-month continuous cycle.
C. 
A license pursuant to this chapter shall be issued by the Town Clerk, who shall keep an accurate record of the name, address and occupation of the licensee, the date of issuance and expiration of the license and fees received therefor.
A. 
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 or her judgment, shall be an undesirable person or unable to properly conduct the soliciting, huckstering or peddling within the Town of Webster.
B. 
Any applicant who has been refused a license by the Town Clerk may appeal to the Town Board therefor, and the same may be granted or refused by the Board.
C. 
The Town Clerk may conduct an investigation into any of the above matters to enable him or 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, if necessary, to complete said investigation.
D. 
Itinerant vendors.
(1) 
No license for an itinerant vendor shall be issued until the applicant has been obtained and furnished to the Town Clerk.
(a) 
Written consent of the property owner of the location where such activity will occur.
(b) 
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.
(2) 
The Zoning Board of Appeals shall recommend the issuance of a license to an itinerant vendor only if it finds:
(a) 
That the proposed use will create no risk of danger or danger to persons or property.
(b) 
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.
(c) 
That the proposed use will have no detrimental effect on adjacent property, nor interfere with the lawful enjoyment of adjacent property.
(d) 
That the proposed use will not create noise or litter.
A. 
A license shall be secured by each company and individual peddler, huckster and solicitor or place-to-place salesperson from the Town Clerk, as follows:
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.