City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Junk dealers — See Ch. 139.
Special sales — See Ch. 175.

§ 163-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
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.
SOLICITOR
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.

§ 163-2 Exceptions.

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.

§ 163-3 Employment of assistants.

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.

§ 163-4 License required.

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.)

§ 163-5 Application for license.

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.

§ 163-6 Fees; term of license; renewal.

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.

§ 163-7 Issuance of license; display required.

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.

§ 163-8 Loss of license.

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."

§ 163-9 Certain places of business prohibited; time limits.

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.

§ 163-10 Licensing officer; records.

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.

§ 163-11 Revocation or suspension of license; appeals.

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:
(1) 
Affirming the determination of the Mayor or Chief of Police and revoking or suspending the license issued under this chapter;
(2) 
Modifying the determination of the Mayor or Chief of Police; or
(3) 
Reversing the determination of the Mayor or Chief of Police.

§ 163-12 Penalties for offenses.

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.