[HISTORY: Adopted by the Town Board of the Town of Niagara 12-14-1976
by L.L. No. 3-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 212.
This chapter is enacted for the purpose of regulating itinerant merchandising
in order that the peace, health, safety, welfare and good order of the Town
of Niagara and the inhabitants thereof shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the meanings
indicated:
A permanent building, store or depository in which or where the person
transacts business and deals in products or services he or she merchandises
in the ordinary and regular course of business.
Any person who engages in merchandising in any public street or public
place or by going from house to house or place of business to place of business
or by temporarily occupying a room, building, structure or other premises
therefor, including but not limited to those persons commonly known as "peddlers,"
"solicitors," "hucksters," "hawkers," "canvassers" or "itinerant merchandisers"
or "vendors."
Any individual, firm, partnership, corporation or association and
the principal and agent thereof.
[Added 6-20-2000 by L.L.
No. 1-2000] -- Any temporary structure, device, truck, trailer or
any vehicle placed or parked or located for the purpose of selling home-grown
agricultural products, or any other product, at retail or wholesale to the
general public.
Such roadside stand shall be located in a location as approved by the
Town Clerk, which stand shall be placed to encourage safety and discourage
traffic congestion. The construction shall comply with all local laws and
ordinances applicable.
No portion of the stand, or any accessory use of land, shall be closer
than 35 feet to the paved highway or road.
Parking spaces for no less than three vehicles shall be maintained in
connection with such a roadside stand in a manner which is easily discernable
from or by an approaching motorist; the parking area shall be located at least
a minimum of 10 feet from the paved road or highway.
To occupy any enclosure or premises for the purpose of merchandising
with the intent to merchandise at said enclosure or premises:
The Town of Niagara, New York.
It shall be unlawful for any person to act as a peddler or solicitor,
as herein defined, except in conformity with the provisions of this chapter
and without first having obtained and paid for and having in force and effect
a license issued to said person as provided for herein.
A.
The provisions of this chapter shall not apply to the
following:
[Amended 6-20-2000 by L.L. No. 1-2000]
(1)
Any person soliciting at the express invitation of the
person solicited or serving an established customer.
(2)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the town.
(3)
Any person merchandising daily newspapers.
(4)
Any resident of the town while engaged in merchandising
on his or her own property.
(5)
The following children and members of organizations,
provided that the provisions of this exception shall only be applicable to
said persons while peddling or soliciting in connection with an authorized
activity of the organization of which they are members or the school which
they attend.
(a)
A child attending any public or private school located
within the town.
(b)
A child residing in the town and attending any public
or private school within or without the town.
(c)
A representative of any established church maintaining
a place of worship within the town.
(d)
A member of a veteran's organization, volunteer
fire department, fraternal organization or civic group, provided that such
organization, department or group has and maintains a chapter, post, lodge,
camp or other local organization within the town,
(6)
Auction sales held pursuant to law by a sheriff or other
officer authorized by law to conduct such sale.
B.
This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
[Amended 6-20-2000 by L.L. No. 1-2000]
Every applicant for a license is required to submit to the Town Clerk
a nonrefundable application fee in an amount as set forth from time to time
by resolution of the Town Board to cover the cost of investigation and a written
and signed application supplying, under oath, the following information:
A.
Name of applicant.
B.
Applicant's permanent home address.
C.
Applicant's local address, if any.
D.
Name, address and written authorization of the firm represented
by applicant, if any.
E.
Length of time for which the license is desired.
F.
Description of goods, wares, commodities or services
to be offered for sale, together with a true invoice of their quantity, quality
and value.
G.
Present location and place of origin of the goods, wares
or commodities.
H.
The area within the town where applicant intends to conduct
his or her business.
I.
A statement as to whether or not the applicant has been
convicted of any offense against the law or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
J.
Dates of prior applications for licenses by applicant
and outcome of such applications.
K.
A description and license plate number of any vehicle
sought to be used while engaged in the licensed activity.
L.
Proof of accuracy of any scale or measure sought to be
used in the licensed activity.
M.
A photograph, two inches by two inches, taken within
60 days of the date of the application for such license. Such photograph shall
show head, full face and shoulders of applicant and shall be submitted in
triplicate. One copy of the photograph shall be attached to the application,
one copy shall be attached to the license if granted and the third shall be
delivered to the Chief of Police of the town.
N.
A fingerprint impression of the fingers and thumbs on
both hands taken by the Police Department of the town. Such fingerprint impression
shall be attached to the photograph delivered to the Chief of Police and remain
on file in the Town Police Headquarters.
After the applicant has submitted to the Town Clerk the application,
the Town Clerk shall deliver the application to the Chief of Police of the
town. The Chief of Police shall then cause such investigation of the applicant's
business and moral character as he or she deems necessary for the protection
of the public good. The results of such investigation, along with the Police
Chief's recommendations for approval or denial of the application, shall
be noted on the application or attached thereto. The application with such
additions shall be returned to the Town Clerk within 10 days after the Town
Clerk delivers the application to the Chief of Police.
Upon the return of the application from the Chief of Police, the Town
Clerk shall, after reviewing the findings and recommendations of the Chief
of Police, determine whether to grant or deny a license to the applicant as
the Town Clerk deems necessary for the protection of the public good.
A.
If the Town Clerk determines that a license should be
granted, the Town Clerk shall collect the license fee and receive an instrument
of authorization and, unless determined otherwise, a bond in the amount specified
herein from the applicant. The Town Clerk shall then issue a license to the
applicant, specifying the particular business authorized, the location wherein
it may be conducted, the date the license expires, the license fee paid, whether
a measuring device is to be used, whether a motor vehicle is to be used and
any special authorizations granted or other limitations. The Town Clerk shall
also attach a photo of the applicant to the license.
B.
If the Town Clerk determines that the application for a license should be denied, the Town Clerk shall notify the applicant of the denial. Such notification shall be sent by regular mail to the permanent address supplied by the applicant in his or her application. A hearing upon such a denial shall, upon the applicant's valid request, be held as provided in § 187-15 herein.
In addition to the nonrefundable application fee, there shall be a license
fee for all licenses issued hereunder to be fixed as set forth from time to
time by resolution of the Town Board.
A.
Prior to the issuance of a license, every applicant for
a license must furnish the Town Clerk with a surety bond in the amount of
$1,000 in favor of the town and insuring the applicant's full compliance
with all the laws and ordinances of the town and guaranteeing the payment
of all fines, judgments and costs recovered by the town against the applicant.
Such bond shall be executed by the applicant and a corporate surety regularly
doing surety business in the State of New York and shall be approved by the
Town Attorney.
B.
In the event that the Town Clerk specifically determines
that the requirement of a bond is unnecessary for the protection of the public,
the Town Clerk may issue a license without requiring a bond.
Before any applicant shall be issued a license, such applicant shall
submit to the Town Clerk an instrument nominating and appointing the Town
Clerk of the Town of Niagara his or her true and lawful agent with full power
and authority to accept service of process for and on behalf of the applicant
in respect to any matters arising out of the activity required to be licensed.
In the event that, pursuant to said instrument of authorization, process is
served on the Town Clerk, the Town Clerk shall send to the licensee, by registered
mail, a copy of said process to the permanent address supplied by the applicant
in his or her application.
The Town Clerk shall keep a record of all the applications for licenses,
noting thereon whether granted or denied, the amount of fee paid, the date,
if any, of revocation and attaching thereto any necessary bond and instrument
of authorization.
All licenses shall expire one year from the date of issuance, except
that a license issued for a shorter period than one year shall expire at the
expiration of the period for which it is issued. All licenses shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business licensed. A licensed peddler or solicitor shall:
A.
Produce his or her license upon the demand of any person.
B.
Not willfully misstate the quantity or quality of any
article offered for sale.
C.
Not offer for sale any article of an unwholesome or defective
nature.
D.
Not call attention to his or her goods or services by,
personally or through the use of another person, blowing a horn, by ringing
a bell other than a house doorbell, by shouting, crying or using sound amplification
equipment or by any loud or unusual noise.
E.
Keep the vehicle, premises and receptacles used by him
or her in the furtherance of his or her licensed business in a sound, clean
and sanitary condition.
F.
Keep his or her edible articles offered for sale well
protected from dirt, dust and insects.
G.
Not operate his or her business so as to cause a nuisance.
H.
Not stand or permit any vehicle used by him or her to
stand in one place in any public place or street for more than 10 minutes
or in front of or adjacent to any private premises if the owner of occupier
thereof objects.
I.
Not create or maintain any booth or stand, or place any
barrels, boxes, crates or other obstructions, upon the street or public place
for the purpose of merchandising.
J.
Leave any premises used for merchandising in a clean
and safe condition upon the completion of his or her merchandising on such
premises.
K.
Not engage in any licensed activity between sunset and
9:00 a.m. local time without special authorization from the Town Clerk. Any
such special authorization is effective only to the extent that it has been
specified by the Town Clerk on the license.
It shall be the duty of any police officer of the town to:
A license may be summarily revoked by the Town Clerk by reason of a
violation of the terms and conditions of the license, the violation of any
municipal ordinance or state or federal statute or falsification in applying
for a license. Written notice of such revocation specifying the grounds of
complaint shall be personally served upon the licensee or mailed by regular
mail to the permanent address given in licensee's application. Said revocation
shall be effective when the notice of revocation and an affidavit of service
are filed in the Town Clerk's office. A hearing upon the revocation of
the license shall be granted the licensee, if said licensee shall request
such a hearing as hereinafter provided.
In the event of the denial of a license, or the revocation of a license,
the applicant or licensee may request an appeal hearing within a period of
14 days after such denial or revocation. Such request shall be
in writing and shall specify the grounds for disputing the determination of
the Town Clerk and shall be made to the Town Board of the town and filed with
the Town Clerk within the fourteen-day period provided for herein. At the
time of filing such request, the Town Clerk shall inform the appellant by
reasonable means of the place and time at which such appeal will be heard.
The Town Board shall hear such appeal of the determination of the Town Clerk
at the next regularly scheduled meeting of said Town Board following the filing
of the request for an appeal hearing with the Town Clerk. The Town Board may
grant or reinstate a license for the person requesting review if it should
determine that the refusal or revocation on the part of the Town Clerk was
arbitrary or otherwise in error. If the Town Board shall determine the action
of the Town Clerk to have not been arbitrary or not otherwise in error, the
Board shall refuse to grant or reinstate such license. The decision on any
hearing shall be rendered by the Town Board within 45 days after the hearing
thereof and shall be entered in the minutes of the Town Board.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable as follows: by imprisonment for
a term not exceeding 15 days or by a fine of $250, or by both such fine and
imprisonment. The continuation of an offense against the provisions of this
chapter shall constitute for each day the offense is continued, a separate
and distinct offense hereunder. In the event that the town recovers any fine
or judgment against a licensee of this chapter for a violation of any law
or ordinance of the town, such fine or judgment shall be collectable by the
town directly from the corporate surety executing the subject licensee's
surety bond.
