[HISTORY: Adopted by the Town Board of the Town of Schodack 9-9-1993
as L.L. No. 3-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal of
former Ch. 162, Peddling and Soliciting, adopted 3-8-1973 as L.L. No. 2-1973,
as amended.
It is the intent of the Town Board of the Town of Schodack to regulate
the activities of peddlers in order to preserve the peace, safety and general
welfare of the town and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual, firm, corporation, club, society, partnership, unincorporated
association and any principal or agent thereof who, in or upon any street
or highway, or going from place to place by foot, wagon, automotive vehicle
or any other type of conveyance, or who, from a wagon, automotive vehicle,
railroad car or other vehicle or conveyance with or without going from place
to place, sells or barters, offers for sale or barter, carries or exposes
for sale or barter or takes orders for goods, wares, merchandise, meats, fish,
fowl, vegetables, fruit, flowers, garden or farm products or provisions or
services of any kind. The term "peddler" shall include the words "hawker,"
"huckster" and "solicitor."
A.
The provisions of this chapter shall not apply to:
(1)
Any sales conducted pursuant to statute or by order of
any court.
(2)
Sales of personal property wholesale to dealers in such
articles.
(3)
Sales to merchants having an established place of business
within the town.
(4)
The peddling of meats, fish, fowl, fruit, vegetables,
flowers, shrubs and trees by a gardener or farmer or his employees where the
products so sold or offered for sale are the produce of the vendor's
farm, garden or orchard.
(5)
Sales by dealers in milk, baked goods, heating fuel,
dry cleaning/laundry and daily newspapers.
(6)
Sales by any person soliciting at the express invitation
of the person solicited or soliciting to established customers.
(7)
Sales by any school group, veteran's, fraternal
or charitable organization, volunteer firemen's association, religious,
civic or service group or other nonprofit organization or association that
maintains a chapter or place for the regular conduct of business or meetings
within the County of Rensselaer.
(8)
Any veteran who has procured a license from the State
of New York pursuant to § 32 of the General Business Law.
(9)
Sales by any person selling personal property at his
or her residence.
(10)
Any activity regulated by Chapter 80, Assemblies, Mass Public, of the Code of the Town of Schodack.
(11)
Garage sales or flea markets.
B.
The chapter shall also not apply so as to unlawfully
interfere with interstate commerce.
It shall be unlawful for any person to act within the Town of Schodack
as a peddler without having a valid license therefor obtained as prescribed
in this chapter.
A.
Every applicant for a license under this chapter shall
file with the Town Clerk a sworn application in writing on a form to be furnished
by the Town Clerk setting forth the following:
(1)
Name and address of the applicant, both legal and local,
if different.
(2)
Date of birth.
(3)
Citizenship of the applicant.
(4)
A brief description of the nature of the business and
the goods or services to be sold.
(5)
Expected inclusive dates of soliciting activity and the
reasons why the activity will require such period of time.
(6)
Names of the streets or areas of the Town of Schodack
where peddling will be conducted.
(7)
Two photographs of the applicant, two inches by two inches
in dimension, taken within 30 days of the date of application. Such photographs
shall show the head, full face and shoulders of the applicant. One copy of
the photograph shall be attached to the application and the other to the license.
(8)
A list of all other municipalities in the state of New
York in which the applicant has peddled within the last two years.
(9)
A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any municipal ordinance
or local law, the nature of the offense and the punishment or penalty assessed
therefor.
(10)
If a vehicle is to be used, a description of each vehicle,
together with license plate numbers or other means of identification.
(11)
Name and address of the firm or organization represented,
if any.
(12)
A statement of all merchandise or services to be sold
or offered for sale, including a price list.
(13)
A letter of authorization from the firm or organization
the applicant purports to represent, if applicable.
(14)
The names and addresses of at least two reliable property
owners of the County of Albany, Schenectady, Rensselaer or Saratoga in the
State of New York, who will certify as to the applicant's good character
and reputation for business responsibility or, in lieu thereof, any other
available evidence as to the good character and business responsibility of
the applicant which will enable the Town Clerk to properly evaluate such character
and reputation.
(15)
No peddler shall be permitted a stationary location nor
shall be permitted to operate from a stationary location without a statement
of written authorization from the real property owner of said location granting
permission.
(16)
A certificate of authority issued by New York State if
a wholesale vendor.
B.
An applicant intending to use an employee peddling or
soliciting in the Town of Schodack shall, with respect to each such employee,
set forth the following information:
(1)
Name and address.
(2)
Date of birth.
(3)
Citizenship.
(4)
Name of vendor/license applicant.
(5)
Expected inclusive dates of soliciting activity.
(6)
Names of streets where peddling.
(7)
List of all other municipalities in which employee has
peddled within the last two years.
(8)
Photographs as described above.
(9)
A statement as to whether or not the employee has been
convicted of any crime, misdemeanor or violation of any municipal ordinance.
(10)
If a vehicle is to be used, other than employer/license
applicants, a description and license plate number.
C.
No license shall be issued authorizing peddling by any
person under the age of 18 years.
D.
Each application for a license shall be accompanied by
a fee of $50 payable to the Town Clerk to cover the cost of investigating
and administering the application. An additional fee of $25 shall accompany
the application for each employee of the applicant. Such fees shall be nonrefundable,
except that the Town Clerk may, in her/his discretion, waive or refund any
such fees payable or paid by any nonprofit charitable, civic or service organization.
A.
The Town Clerk shall make or cause to be made such investigation
of the applicant's background, character and fitness as the Clerk may
deem necessary for the protection of the public welfare and safety. Based
upon such investigation, the Town Clerk shall either approve or disapprove
the application. Upon approval, a license shall be issued containing the information
set forth in the following section.
B.
Upon disapproval, the Town Clerk shall state the reasons therefor and promptly notify the applicant thereof. Thereupon the applicant may request a hearing before the Town Board. Within three days of the receipt of such request, the Town Clerk shall issue a notice of hearing, and thereafter the same shall be held in accordance with the procedure prescribed in § 162-9C of this chapter. The determination of the Town Board following such hearing shall be final and conclusive.
A.
The license shall bear the signature of the Town Clerk
and Seal of the town and shall set forth:
(1)
The name, address and photograph of the licensee.
(2)
The type of goods or services to be offered for sale.
(3)
The name and address of the firm represented.
(4)
The license number and other identifying description
of any vehicle used in such peddling.
(5)
The date of issuance.
(6)
The expiration date.
B.
The license shall be nonassignable and must be conspicuously
exhibited at all times to any police officer or prospective customer of the
licensee. No license shall be valid for a period of more than six months from
the issuance date.
No peddler, whether licensed pursuant to this chapter or exempt therefrom,
shall, within the Town of Schodack:
A.
Willfully misstate any fact relating to merchandise or
services offered for sale.
B.
Willfully offer for sale any article of an unwholesome
or defective nature.
C.
Call attention to himself or his vending activity by
creating a public disturbance.
D.
Willfully and for the purpose of vending enter upon premises
clearly displaying a sign prohibiting solicitation.
E.
Fail to promptly leave premises upon request of any occupant
of such premises.
F.
Fail to furnish to a vendee upon request a legible receipt
signed and dated by the licensee containing a description of the merchandise
or services ordered or sold, the price thereof and the payment received.
G.
Engage in such business at any time between the hours
of 8:30 p.m. and 9:00 a.m.
H.
Create undue traffic congestion or hazard, both vehicular
and pedestrian.
I.
By use or operation, impede or inconvenience the public.
A.
Any license issued pursuant to this chapter may be revoked
by the Town Clerk for any of the following causes:
(1)
Any violation of this chapter.
(2)
Conviction of any crime or misdemeanor involving moral
turpitude.
(3)
Any misrepresentation or false statement contained in
the license application.
(4)
Fraud, misrepresentation or false statement made in the
course of business as a peddler.
(5)
Conducting the business of peddling in an unlawful manner
or in such 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.
When a license is revoked, no refund of any unearned
portion of the license fee shall be made. Notice of such revocation and the
reason or reasons 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.
C.
Notice of hearing for revocation of a license shall be
given in writing and shall set forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be mailed to the licensee
at his last known address not less than 10 business days prior to such hearing.
The hearing shall be held within 21 business days from the date of suspension
of the license. The determination of the Town Board following such hearing
shall be final and conclusive.
Any person committing an offense against or violating this chapter or
any section or provision thereof is guilty of a violation and shall, upon
conviction thereof, be subject to a fine not exceeding $250 or imprisonment
not exceeding 15 days, or both. In lieu of or in addition to any fine or imprisonment,
or both, imposed hereunder, each such offense may be punishable by a civil
penalty not to exceed $250 to be recovered in an action or proceeding in a
court of competent jurisdiction. For each day such offense or violation continues,
the violator shall be subject to a separate civil penalty.
The Schodack Police Department and the Town Building Department shall
enforce this chapter.
