[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.
A statement that he or she is a citizen of the United
States.
B.
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.
C.
A detailed statement of the particular business, trade
or occupation for which the license is requested.
D.
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.
E.
A statement of the kinds of goods, wares and merchandise
he or she desires to sell or kind of service to be rendered.
F.
Name, address and age of the applicant, including
address for past five years.
G.
Name and address of the person, firm or corporation
he or she represents.
H.
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.
