[HISTORY: Adopted by the Town Board of the Town of Warwick as Ch.
17 of the 1973 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 95.
[Amended 6-23-1988 by L.L.
No. 1-1988]
It shall be unlawful for any person to engage in the business of peddler, solicitor or canvasser, as defined in § 112-2, within the limits of the Town of Warwick, excluding that portion thereof within the Incorporated Villages of Florida, Warwick and Greenwood Lake, without first obtaining a license therefor as provided herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, whether as owner, agent, consignee or employee, and whether
a resident of the Town of Warwick or not, temporarily traveling either by
foot, wagon, automobile, motortruck or any other type of conveyance from place
to place, from house to house or from street to street, taking or attempting
to take orders for sale of goods, wares and merchandise, personal property
of any nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not such individual has, carries or
exposes for sale a sample of the subject of such sale or whether he is collecting
advance payments on such sales or not, provided that such definition shall
include any person who, for himself or for another person, firm or corporation,
hires, leases, uses or occupies any building, structure, tent, railroad boxcar,
boat, hotel room, lodging house, apartment, shop or lot or any other place
within the Town for the sole purpose of exhibiting samples and taking orders
for future delivery.
[Amended 6-23-1988 by L.L.
No. 1-1988]
Includes any person, whether as owner, agent, consignee or employee,
and whether a resident of the Town of Warwick or not, traveling by foot, wagon,
automotive vehicle or any other type of conveyance from place to place, from
house to house or from street to street, carrying, conveying or transporting
goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale, or making
sales and delivering articles to purchasers, or who, without traveling from
place to place, shall sell or offer the same for sale from a wagon, automotive
vehicle, railroad car or other vehicle or conveyance, and further provided
that one who solicits orders and as a separate transaction makes deliveries
to purchasers as a part of a scheme or design to evade the provisions of this
chapter shall be deemed a peddler subject to the provisions of this chapter.
The word "peddler" shall include the words "hawker" and "huckster."
Includes the singular and the plural, and shall also mean and include
any person, firm or corporation, association, club, copartnership, society
or any other organization.
[Amended 6-23-1988 by L.L.
No. 1-1988]
Applicants for a license under this chapter must file with the Town
Clerk a sworn application in writing, in duplicate, on a form to be furnished
by the Town Clerk, which shall give the following information:
A.
Name and description of the applicant.
B.
Address (legal and local).
C.
A brief description of the nature of the business and
the goods to be sold and, in the case of products of farm and orchard, whether
produced or grown by the applicant.
D.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E.
The length of time for which the right to do business
is desired.
F.
If a vehicle is to be used, a description of the same,
together with the license number or other means of identification.
G.
Two photographs of the applicant, taken within 60 days
immediately prior to the date of the filing of the application, which pictures
shall be two inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner.
H.
A statement as to whether or not the applicant has been
arrested for or convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty assessed
therefor.
I.
Two references, including one from a bank.
J.
A complete set of fingerprints of the applicant.
K.
A certificate from the Sealer of Weights and Measures
of the County of Orange, certifying that all weighing and measuring devices
to be used by the applicant have been examined and approved.
L.
At the time of filing the application, a fee of $10 shall
be paid to the Town Clerk to cover the cost of investigation.
A.
Upon receipt of such application, the Town Clerk shall
cause such investigation of the applicant's business and moral character to
be made as he deems necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character and business responsibility are found to be unsatisfactory, the
Town Clerk shall endorse on such application his disapproval and his reasons
for the same and return said application to the applicant.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Town Clerk shall endorse on the application his approval and shall, upon
payment of the prescribed license fee, issue a license, but no such license
shall be issued until the lapse of 48 hours following the filing of the application
therefor, Saturdays, Sundays and holidays to be excepted in such computation.
Such license shall contain the signature and seal of the Town Clerk and shall
show the name, address and photograph of said licensee, the class of license
issued and the kind of goods to be sold thereunder, the amount of the fee
paid, the date of issuance and the length of time the same shall be operative,
a description of the applicant, including his photograph, as well as the license
number and other identifying description of any vehicle by the licensee. The
Town Clerk shall keep a permanent record of all licenses issued.
D.
Any applicant who has been refused a license by the Town
Clerk may apply to the Town Board therefor, and the same may be granted or
refused by the Town Board except as prohibited in § 137 of the Town
Law.
[Amended 6-23-1988 by L.L.
No. 1-1988]
A license shall be issued for one year for each licensee, the license
year to commence January 1 in each year, and the fee therefor shall be $100,
payable upon issuance of the license, such license to be valid only between
the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.
No license issued under the provisions of this chapter shall be used
at any time by any person other than the one to whom it was issued.
No licensee, nor any person in his behalf, shall shout, make an outcry,
blow a horn, ring a bell or use any sound device, including any loudspeaking
radio or sound-amplifying system, upon any of the streets, alleys, parks or
other public places of said Town or upon any private premises in said Town
where sound of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks or other public
places for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
A.
No peddler shall have any exclusive right to any location
in the public streets, nor shall he be permitted a stationary location, nor
shall he be permitted to operate in any congested area where his operations
might impede or inconvenience the public. For the purpose of this chapter,
the judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or inconvenienced.
B.
No licensee shall peddle within 250 feet of any school
building or playground or public park.
Licensees are required to exhibit their licenses at the request of any
citizen.
A.
Grounds for revocation. Licenses issued under the provisions
of this chapter may be revoked by the Town Board, after notice and public
hearing, for any of the following causes:
[Amended 6-23-1988 by L.L.
No. 1-1988]
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on the business licensed under this chapter.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business licensed under this chapter 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 hearing. Notice of 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.
The license fee provided for by this chapter shall not be so applied
as to occasion an undue burden on interstate commerce. In any case where an
applicant or licensee believes that the fee places an undue burden upon interstate
commerce, he may apply to the Town Clerk for an adjustment of the fee so that
it shall not be discriminatory, unreasonable or unfair to such commerce. Such
application may be made before, at or within six months after payment of the
prescribed license fee. The applicant shall, by affidavit and, if required
by the Town Clerk, by verbal testimony, show his method of doing business,
including place of origin of the goods sold or to be sold, and such other
information as the Town Clerk shall require in order to determine the extent,
if any, of any undue burden on such commerce. In the event the Town Clerk
shall determine that the fee for license is an undue burden upon interstate
commerce, he shall refund all or such part of such fee as he shall determine
to be such undue burden.
Before any license as hereinbefore provided shall be issued to a licensee,
the applicant shall file with the Town Clerk, as a part of the application,
an appointment of the Town Clerk as the applicant's true and lawful attorney
with full power and authority to receive service or notice of process for
or on behalf of said applicant in respect to any matters connected with or
arising out of business transacted under said license, in the same manner
and with the same effect as if personally served upon the applicant. Immediately
upon service of process upon the Town Clerk as herein provided, the Town Clerk
shall send to the licensee at his address shown on the application, by certified
mail, a copy of said process.
Nothing herein contained shall require the licensing of honorably discharged
soldiers, sailors or marines of the military and naval service of the United
States who have obtained a license from the County Clerk in connection with
§ 32 of the General Business Law, nor shall anything in this chapter
apply to the peddling of meats, fish, fruit or farm produce by farmers or
persons producing such commodities, nor shall anything in this chapter be
held to apply to persons soliciting or collecting for any bona fide charitable
organization, nor shall anything in this chapter be held to apply to retail
sales of milk by persons licensed by the State of New York.
[Amended 6-23-1988 by L.L.
No. 1-1988]
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.
