[HISTORY: Adopted by the Town Board of the Town of Crawford 12-9-1974
by L.L. No. 6-1974. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a building or store in which the person transacts business
and deals in the goods, wares and merchandise that he hawks, peddles or solicits
for during regular business hours.
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place, or by going
from house to house or place of business, on foot or on or from any animal
or vehicle, standing in the street or highway, sells or barters, offers for
sale or barter or carries or exposes for sale or barter any goods, wares or
merchandise, except as hereinafter exempted.
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
Includes any person who goes from place to place or from house to
house or who stands in any street or public place taking or offering to take
orders for goods, wares or merchandise, except as hereinafter exempted, or
for services to be performed in the future or for making, manufacturing or
repairing any article or thing for future delivery.
A.
Nothing in this chapter shall be held to apply to any
sales conducted pursuant to statute or by order of any court; to any person
selling personal property at wholesale to dealers in such articles; to merchants
having an established place of business within the Town or their employees;
to the peddling of meats, fish, fruit and similar produce by farmers or other
persons who produce such commodities; to dealers in milk, baked goods, fuels
and newspapers; to residents of the Town soliciting or collecting for nonprofit
organizations or bona fide charitable organizations; or to insurance brokers,
insurance agents, real estate brokers, real estate agents, stockbrokers and
securities salesmen who hold valid licenses from the State of New York for
such professions or businesses.
B.
This chapter shall not apply so as to unlawfully interfere
with interstate commerce.
It shall be unlawful for any person within the Town of Crawford, Orange
County, New York, to act as a hawker, peddler or solicitor, as hereinbefore
defined, or to solicit, peddle or offer for sale to the residents of said
Town any household items, magazines, photographs, furniture, ready-to-eat
foodstuffs, sandwiches, drinks, sundry items of any nature whatsoever, kiddie
rides, horseback rides, pony rides, pony carriage rides, toys, wearing apparel,
household tools and implements, or pots and pans, except such merchandise
as hereinbefore exempted or unless the activity hereinbefore described is
carried out as an adjunct to a fund-raising activity of a recognized nonprofit
organization, without first having obtained and paid for, and having in force
and effect, a license therefor.
Every applicant for a license as herein provided for shall submit to
the Town Clerk a written application under oath, setting forth the following
information: that he has never been convicted of a felony or misdemeanor or,
if so, giving the details; a detailed statement of a particular business,
trade or occupation for which the license is requested; the number and kind
of vehicles, if any, to be used by the applicant in carrying on the business
for which the license is requested; the kinds of goods, wares and merchandise
he desires to sell or the kind of service he desires to render; the name,
address and age of the applicant; the name and address of a person upon whom
a legal notice may be served; and such other information as may be required
by the Town Clerk.
Upon the filing of the application provided for in the preceding section, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided. No license shall be refused except for a specific reason and for the protection of public safety, health, morals or general welfare. A license shall not be assignable. Any holder of such license who permits it to be used by any person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter. Such license shall automatically expire on January 1 following the date of issuance of such license, but such license may provide for an earlier expiration date. No license shall be granted to a person under 18 years of age, except as provided in § 102-6. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand to any police officer or Town official or citizen.
The license fee to hawkers, peddlers or solicitors shall be $25 for
one year. This fee shall not apply to any bona fide residents of the Town
of Crawford under the age of 18 or to a full-time student attending the Pine
Bush Central School District who is under the age of 18.
Any licensee may employ not more than two persons to assist in selling
and delivering the wares, but such persons shall so act only while accompanying
a licensed peddler, hawker or solicitor. An additional license shall be required
for each additional employee engaged in selling or soliciting the wares or
services of his employer over the two employees permitted above.
Upon the refusal of the Town Clerk to issue a license to any applicant
or upon the determination of the Town Board that any license should be revoked,
the procedure prescribed in § 137 of the Town Law shall be complied
with. When a license shall be revoked, no refund of any unearned portion of
the license fee shall be made. Notice of such revocation and the reason therefor
in writing shall be served by the Town Clerk upon the person named in the
application or by mailing the same to the address given in the application,
and a copy of such notice shall be filed with the Town Clerk.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean
and sanitary condition and keep the foodstuffs and edibles offered for sale
well covered and protected from dirt, dust and insects and, where foodstuffs
and edibles are involved, shall comply with Title VIII of the Public Health
Law of the State of New York.[1]
[1]
Editor's Note: See Public Health Law § 1350 et seq.
C.
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes or in
front of any premises for any time if the owner or lessee of the premises
objects.
D.
Not sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days,
except when written permission from school authorities has been procured.
E.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
F.
Not create or maintain any booth or stand or place any
barrels, boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or merchandise.
G.
Not call attention to his business or his merchandise
by crying out, blowing a horn or sounding a bell, loudspeaker or other sound-producing
apparatus or by any other loud or unusual noise.
All orders taken by licensed solicitors who demand or receive payment
or deposit of money in advance of final delivery shall be in writing, in duplicate,
stating the terms thereof and the amount paid in advance, and one copy shall
be given to the purchaser at the time the deposit of money is paid to the
solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter, giving the
number and date of each license, the fee paid and also the date of revocations
of licenses revoked.
Any person who, himself or by his agent or employee, shall act as a
hawker, peddler or solicitor, 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 or solicitor shall,
upon conviction, be punished by a fine of not less than $25 nor more than
$250, and each day on which such violation shall continue shall constitute
a separate offense.
