Town of Greenport, NY Chapter 94 Peddling and Soliciting

[HISTORY: Adopted by the Town Board of the Town of Greenport 4-5-1978 by L.L. No. 1-1978; amended in its entirety 10-5-2016 by L.L. No. 7-2016. Subsequent amendments noted where applicable.]

§ 94-1 Legislative intent.

This chapter is enacted by the Town of Greenport for the purpose of regulating transient peddling, vending and soliciting in order that the peace, health, safety, welfare and good order in the Town and of its inhabitants shall not be endangered or unduly disturbed.

§ 94-2 Title.

This chapter shall be known and may be cited as the "Peddling and Soliciting Law of the Town of Greenport."

§ 94-3 Definitions.

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

ESTABLISHED PLACE OF BUSINESS

A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares or commodities be peddles, vends or solicits in the ordinary and regular course of business.

MERCHANDISING

The selling, bartering or trading or offering to sell, barter or trade any goods, wares, commodities or services.

PEDDLER, VENDOR and SOLICITOR

Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or who solicits contributions of goods or moneys by going from house to house or place of business to place of business or in any public street or public place or by temporarily occupying a room, building or other premises therefor.

PERSON

Includes any individual, firm, partnership, corporation and unincorporated association and principal or agent thereof.

§ 94-4 License required.

It shall be unlawful for any person within the jurisdiction of this chapter to act as a peddler, vendor or solicitor, as herein defined, without first having duly obtained, and having in force and effect, a license therefor.

§ 94-5 Application requirements.

A. An application for a license shall contain the following information:

(1) Name and description of the applicant.

(2) Address of the applicant (local and legal).

(3) Name of the firm or company where the applicant is employed.

(4) Address of the firm or company where the applicant is employed.

(5) Description of the motor vehicle to be used, along with the license number.

(6) Brief description of the nature of the business and the kind of goods or property to be peddled or solicited.

(7) Date and length of time the applicant desires the license.

B. As part of an applicant's application for a license, an applicant shall also submit an accurately drawn sketch of the area proposed for the operation of the established business, including the following:

(1) Location and size of any temporary structure or tent and other support facilities or equipment.

(2) Location of area used for the display of products or services offered.

(3) Location, size and number of parking spaces to be used by the proprietor and customers.

(4) Location and size of any signage proposed, which must be in compliance with Chapter 102, Signs and Billboards, of the Code of the Town of Greenport.

(5) Location and size of all temporary lighting proposed.

(6) Dimensions of the largest rectangle that would encompass the area to be used for the temporary structure or tent, the product or service display, and the parking for the proprietor and customers. This area should not exceed 1,000 square feet.

C. The Town Clerk may require a letter of authorization from the firm or company which the applicant purports to represent.

D. Each person peddling or soliciting for the same firm or company may be required to file a separate application.

§ 94-6 Issuance of license.

Upon receipt of the application and license fee, the Town Clerk shall refer the applicant to the Code Enforcement Officer/Building Inspector who will review the sketch required in § 94-5B and compute the total area to be used for the established business. If the total area exceeds 1,000 square feet, the Code Enforcement Officer/Building Inspector shall refer the applicant to the Planning Board for a site plan review. If the Code Enforcement Officer/Building Inspector is reasonably satisfied that the total area is less than 1,000 square feet and that the applicant meets the qualifications for the issuance of the license, he/she shall refer the applicant to the Town Clerk for the issuance of the license. A notation shall be made by the Code Enforcement Officer/Building Inspector on the sketch submitted with the application indicating that no further review is required. The license shall specify the particular business authorized and the location(s) where it may be conducted. The license shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the licensed business. The license shall be produced upon request of any Town official, prospective purchaser, police officer or sheriff or his deputies.

§ 94-7 Licensing period; fees; nontransferability.

The licensing period shall be on a daily, monthly or annual basis, and fees for the same shall be as determined by the Town Board from time to time. Such license shall not be transferable and shall so state on the face thereof.

§ 94-8 Record of licenses.

The Town Clerk shall keep a record of the applications, the determination thereon and all licenses issued in accordance with this chapter. The record shall contain the name and residence of the person licensed, the location of the business, the amount of the license fee paid and the date of revocation and/or expiration of all licenses revoked.

§ 94-9 Exemptions from provisions.

The provisions of this chapter shall not apply to the following:

A. An honorably discharged soldier, sailor or marine who, as a result of injuries received while in the naval or military services of the United States, has procured a license from the Columbia County Clerk as provided by the General Business Law of the State of New York.

B. Any person soliciting at the express invitation of the person solicited or serving any established customer.

C. A wholesaler selling articles to dealers or merchants who have an established place of business within the Town.

D. A truck gardener or farmer who himself or through his employees vends, sells or disposes of products of his own farm or garden.

E. A child permanently residing in the Town of Greenport and attending any public, parochial or private school located in the Town of Greenport or immediately adjacent Town; or a representative of any established church maintaining a place of worship within the Town or immediately adjacent Town; or a member of a veteran's organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within the Town of Greenport; or a member of a fraternal organization or civic group, provided that such fraternal organization or civic group maintains a chapter or local organization within the Town of Greenport; and further provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which such person is a member or the school which such person attends.

F. Auction sales held pursuant to law by a sheriff or other officer authorized by law to conduct such sale.

G. This chapter shall not apply so as to interfere unlawfully with interstate commerce.

§ 94-10 Restrictions.

A licensed peddler, vendor or solicitor shall not:

A. Call attention to his goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.

B. Frequent any street in an exclusive nature so as to cause a private or public nuisance.

C. Stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes, nor in front of any premises, for any time, if the owner or the lessee of the ground objects.

D. Sell 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.

§ 94-11 Revocation of license.

A. Licenses issued under provisions of this chapter may be revoked by the Town Clerk of the Town of Greenport after notice and hearing for any of the following causes:

(1) Any violation of this chapter.

(2) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

C. The Town Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section, may forthwith temporarily suspend such license until a hearing is held by him, as provided herein, and the Town Clerk shall have issued his determination thereon.

D. If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either be or any one more of his employees are determined to be in violation of this chapter.

§ 94-12 Appeals.

Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 94-5 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license, as provided in § 94-11 of this chapter, shall have the right to appeal to the Town Board of the Town of Greenport. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.

§ 94-13 Penalties for offenses.

Any person who shall act as a peddler, vendor or solicitor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who shall continue to act as a peddler, vendor or solicitor subsequent to the revocation of his license shall be guilty of disorderly conduct and shall be deemed a disorderly person. In addition, such person shall incur a penalty of $50 for each day on which such violation continues.