[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 1-27-1981 by L.L. No. 2-1981 as Ch. 92 of
the 1981 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 a street, sells or barters,
offers for sale or barter or carries or exposes for sale or barter
any goods, wares or merchandise, except milk, baked goods and newspapers.
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 used.
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 farmers and truck gardeners who, themselves or through
their employees, vend, sell or dispose of produce of their own farms
and gardens; to dealers of heating oil; and to any honorably discharged
soldier, sailor, marine or airman who has procured a license as provided
by the General Business Law of the State of New York. Nor shall it
apply to any person collecting for any charitable institution or organization
nor to any person engaged in the business of selling or servicing
policies of life or casualty insurance nor to merchants having an
established place of business within the Town.
B.
The chapter shall also not apply so as to unlawfully
interfere with interstate commerce.
It shall be unlawful for any person within the
limits of the Town of North Greenbush to act as a hawker, peddler
or solicitor, as herein defined, without first having obtained and
paid for and having in force and effect a license therefor.
Every applicant for a license is required to
submit to the Town Clerk a written application supplying under affidavit
the following information:
A.
That he is a citizen of the United States.
B.
That he has never been convicted of a felony or misdemeanor.
C.
The particular business, trade or occupation for which
the license is required.
D.
The manner or means of conveyance in which said business
or trade shall be conducted.
E.
The locality within which it is desired to carry on
or engage in said trade, business or occupation.
F.
The name of the person or persons or 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.
Upon the filing of the application as provided by § 137-4, the Town Clerk shall, upon his approval of such application, issue to the applicant a license, as provided by § 137-3, signed by the Town Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable, and unauthorized use thereof, either by a holder of such license or by any other person, shall be deemed to be a violation of this chapter.
[Amended 11-14-1991 by L.L. No. 9-1991]
The license fee for hawkers, peddlers or solicitors shall be as provided in Chapter 95, Fees.
The Supervisor may at any time, for a violation
of this chapter or any other ordinance or any law, revoke any license.
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 Supervisor 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 quality
or quantity of any article offered for sale or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him in a
clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him to stand
in one place in any public street or place for more than 10 minutes
or in front of any premises for any time if the owner of or lessee
of the ground floor thereof 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.
E.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
F.
Not act as hawker, peddler or solicitor, as herein
defined, between the hours of 9:00 p.m. and 8:00 a.m.
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 name and residence of the person licensed, the amount of the license
fee paid and also the date of revocation of all licenses revoked.
Any person who, himself or by his clerk or employee, shall act as a hawker, peddler or solicitor, as defined herein, without a license or shall violate any of the provisions of this chapter, or who, upon having had his license revoked, shall continue to act as a hawker, peddler or solicitor, shall, upon conviction, be punished by a fine as provided in the general penalty provisions, Chapter 1, Article II.
[Amended 11-14-1991 by L.L. No. 9-1991]
The North Greenbush Police Department shall
enforce this chapter.
