The purpose of this chapter is to regulate commercial peddlers and solicitors
in the Town of Rush for the benefit of the health, safety and general welfare
of the residents of the Town.
For the purposes of this chapter, the following definitions shall apply:
Includes a building or store in which the person transacts business
and deals in the goods, wares and merchandise he peddles or solicits for during
regular business hours.
Includes, except as expressly provided in this chapter, 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 to place of business, on foot
or from any animal or vehicle, sells or barters, offers for sale or barter
or carries or exposes for sale or barter, any goods, wares, merchandise or
magazine subscriptions, except as exempted in this chapter.
Includes any person who takes or offers to take orders for goods,
wares, merchandise or magazine subscriptions, except as exempted in this chapter,
or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any solicitation or
peddling associated with a political organization, charitable organization,
school class in any school district which services Town of Rush residents
or any other organization protected under applicable law. This chapter shall
also not apply so as unlawfully to interfere with interstate commerce.
Any licensee under this chapter using a motor vehicle may employ not
more than two persons to assist in selling and delivering the wares, but such
persons shall so act only while accompanying a licensed peddler or solicitor.
Every vehicle used by a licensed peddler or solicitor under this chapter
in or about their business shall be identified by motor vehicle license plate
and registered with the Town Clerk.
It shall be unlawful for a licensed peddler or solicitor under this
chapter to sell any confectionery or ice cream in the Town within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
A.
In general. It shall be unlawful for any licensed commercial
peddler or solicitor subject to this chapter to stand or permit any vehicle
used by him/her to stand in any place for any period of time, except in direct
response to a customer's request to purchase, and then only for such period
of time as it necessary to effect the sale and purchase.
B.
Private residential premises. No one shall enter onto
private residential premises for the purpose of selling or offering to sell
any goods, wares, merchandise or other things or services nor solicit information
for the purpose of selling or making offers to sell in the future of such
aforesaid goods, wares, merchandise or other things or services, to persons
or adults residing therein, without the prior consent of the owner or person
in possession of the said private residential premises.[1]
It shall be unlawful for a licensed commercial peddler or solicitor
under this chapter to permit any vehicle used by him to stop or remain on
any crosswalk in the Town.
A.
It shall be unlawful for a licensed commercial peddler
or solicitor under this chapter to create or maintain any booth or stand or
to place any barrels, boxes, crates or other obstructions upon any street
or public place in the Town for the purpose of selling or exposing for sale
any goods, wares or merchandise.
It shall be unlawful for a licensed commercial peddler or solicitor
under this chapter to blow a horn, ring a bell or use any other noisy device
in the Town to attract public attention to his wares, or shout or cry out
his wares.
Nothing contained herein shall prohibit commercial businesses and farms
from participating in a farmers' markets as authorized under § 72-p
of the General Municipal Law. Such farmers' market shall be permitted to operate
within the Town of Rush subject to the review and approval of both the Town
of Rush Planning Board and the Town Board. The owner of property at which
a farmers' market will be operated shall submit an application for a license
to the Planning Board. The Planning Board shall determine the necessary form
by which an application to operate a farmers' market shall be submitted to
the Board.
