[HISTORY: Adopted by the Town Board of the Town of Shandaken 5-13-81 as L.L. No. 1-1981. Section 100-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter is enacted for the purpose of regulating itinerate merchandising in order that the peace, health, safety, welfare and good order in the town and of the inhabitants thereof shall not be endangered or unduly disturbed.
This chapter applies to any person going from house to house or business to business or upon the public streets, roads, highways, sidewalks, parks and recreation areas or private property without the specific written approval of the owner thereof, on foot or in a vehicle, to sell or barter goods, wares or merchandise.
This chapter shall not apply to the peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities, nor to religious or nonprofit groups.
No person, firm or corporation shall engage in the activities described in § 100-2 hereinabove unless such person is the holder of an approved license for such activity for the time and place when and where such activity is engaged in.
Each applicant for such hawker's and peddler's license shall submit to the Town Clerk, in duplicate, a sworn application containing the following information:
A statement that he or she is a citizen of the United States.
A statement that he or she has never been convicted of a felony or misdemeanor, or if so, provide details and a certificate of conviction and disposition.
A detailed statement of the particular business, trade or occupation for which the license is requested.
An enumeration of the number and kinds of vehicles and equipment, if any, to be used by the applicant in carrying on the business for which the license is requested.
A statement of the kinds of goods, wares and merchandise he or she desires to sell or kind of service to be rendered.
Name, address and age of the applicant, including address for past five years.
Name and address of the person, firm or corporation he or she represents.
Names and addresses of all partners, if a partnership; names and addresses of the principal officers, if a corporation; and the name and address of a person within the town upon whom a legal notice or process may be served.
The fee which must accompany any such application shall be $25 for a one-year license or $10 for each day for a daily license and shall be paid to the Town Clerk on making such application.
The Town Clerk shall deliver such application or a true copy thereof to the chief law enforcement officer of the town, or the Supervisor if there is not such chief law enforcement officer, for investigation. Such officer shall report to the Town Clerk within 10 days as to the veracity of the statements of the applicant and the possibility of any disturbance of the peace, health, safety, welfare and good order of the town and of the inhabitants thereof which may result from the issuance of such license. Upon receipt of such report, the Town Clerk shall issue such license only if satisfied that the issuance thereof shall not result in any disturbance to the peace, health, safety, welfare and good order of the town and of the inhabitants thereof.
Licensed peddlers and hawkers in the Town of Shandaken may not engage in business at any time between the hours of 8:00 p.m. and 8:00 a.m., willfully misstate the quantity or quality of any article offered for sale or offer unwholesome, tainted, deleterious or diseased provisions or merchandise, and must keep vehicles, equipment and receptacles in a clean and sanitary condition. Peddlers and hawkers must not call attention to goods by blowing a horn, ringing a bell or by shouting or crying out.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, 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.
The entrances to the town shall be appropriately signposted advising of the necessity to obtain the license required by this chapter.
On satisfactory evidence of fraud, misrepresentation or false statement in the application, or fraud, misrepresentation or false statement in the course of carrying on the business of hawker or peddler, the Town Clerk may revoke such license, and should the licensee be aggrieved by such decision, he may appeal such decision, within 10 days after notice thereof addressed to the address given in the application, to the Town Board.