[HISTORY: Adopted by the Town Board of the Town of Stillwater 6-1-1932; amended in its entirety 11-20-2008 by L.L. No. 4-2008. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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 sued.
- Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
- VENDOR, HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car or on a railroad track or 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 on 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 or merchandise, except milk or newspapers.
Generally, nothing in this chapter shall apply to sales conducted pursuant to statute or by order of any court or to any person selling personal property at wholesale to dealers in such articles.
The licensing provisions of this chapter shall not apply to:
Merchants having an established place of business within the Town of Stillwater or their employees.
Farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of the products of their own farms or gardens.
Calls in response to prior invitation.
Honorably discharged members of the Armed Forces of the United States and veterans of any war who shall have obtained a license from the County Clerk of the County of Saratoga pursuant to the provisions of § 32 of the General Business Law of the State of New York. However, such persons must present the license issued by the County Clerk to the Town Clerk, who will issue a Town license without payment of a license fee. Such persons shall otherwise be subject to the requirements of this chapter.
Minors 18 years of age or under engaged in providing such services as snow shoveling, grass cutting, leaf raking, lawn clearing and other similar home services as independent contractors.
This chapter shall not be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit a request for future periodic route deliveries.
Charitable, religious, educational or civic organizations.
This chapter shall not apply to solicitations by charitable, religious, educational or civic organizations which have or maintain a regular place of business, place of worship, chapter, lodge, troop or other regular meeting place within the Town of Stillwater or Town contiguous to the Town of Stillwater.
Charitable, religious, educational or civic organizations not described above shall be exempt from license fees but shall be required to obtain a license.
It shall be unlawful for any person within the corporate limits of the Town of Stillwater to act as a vendor, hawker, peddler or solicitor, as herein defined, without first having obtained and paid for, and having in force and effect, a license therefor.
Any person desiring to procure a license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the license and such other information as may be required by the Town Clerk. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. Such application shall be accompanied by two photographs, two inches by two inches, clearly showing the head and shoulders of the applicant, one of which shall be attached to the license and the other of which shall be retained by the Town Clerk.
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the Town of Stillwater, approved as to form and surety by the attorney employed by the Town Board, in the sum of $1,000, with a sufficient surety or sureties, or sufficient collateral security, conditioned for making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the Town of Stillwater for a period of 90 days after the expiration of any such license, unless sooner released by the Town Board.
Any person desiring to obtain a license to sell goods on property owned by the Town of Stillwater shall file with the Town Clerk an application setting forth the proposed date, time and location of his proposed activity on Town-owned property. The Town Clerk shall then forward this application to the Town Supervisor's office. In addition, the applicant shall comply with all licensing and bond provisions as set forth in § 153-4 hereof.
The Town Clerk may deny issuance of a license as set forth herein if the issuance of such a license would cause disruption on Town-owned property or create a hazardous, dangerous or unsafe situation.
Any person denied a license pursuant to this section may appeal to the Town Board by filing with the Town Supervisor, within 10 business days after said denial, a written statement setting forth the grounds for the appeal. The Town Board shall set a time and place for a hearing on said appeal, and notice of such hearing shall be provided to the applicant by certified mail. The decision and order of the Town Board on the appeal shall be final.
Prior to commencing business on Town-owned property, the applicant shall obtain general liability insurance in the amount of $500,000, naming the Town of Stillwater as an additional insured.
In no event shall any such license be granted while a Town-sponsored or Town-run summer recreation program is being held, unless specifically authorized by the Town Supervisor.
Upon filing of the application, bond and certificate as provided in § 153-4, the Town Clerk shall, upon her approval of such application, issue to the applicant a license, as provided in § 153-3, signed by said 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. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Town Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of the license, the date of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Such licenses shall automatically expire on January 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 18 years of age.
No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The license fee shall be $100 per annum, and if the licensee shall have more than one person to whom or vehicle for which he desires a license be issued, there shall be an additional fee of $25 for each license so issued.
Every vehicle used by a licensed vendor, hawker, peddler or solicitor in or about his business shall have the name and address of the licensee plainly, distinctly and legibly painted in letters and figures at least two inches in length in a conspicuous place on the outside of each side of every such vehicle, and such name shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
The Town Clerk may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall be 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 Town Clerk upon the person named in the application or by mailing the same to the address given in the application.
A licensed vendor, hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions of merchandise.
Not use the license provided by the Town after the expiration or revocation of the license represented by him.
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.
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or lessee of the ground floor thereof objects.
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.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
Not hawk, peddle, vend or solicit orders for goods, wares or merchandise door-to-door before 10:00 a.m. or after 4:00 p.m.
Not hawk, peddle, vend or solicit orders for goods, wares or merchandise on private property without having obtained the prior written consent of the owner(s) thereof and without having presented such written consent to the Town Clerk.
Behave in an orderly and peaceful manner.
Immediately depart the premises of a householder, owner or occupant upon being requested to do so.
Not remain stopped or standing at any one place for a period of time in excess of four hours within any twenty-four-hour period.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all the 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 license fee paid and the date of revocation of all licenses revoked.
Any person who, himself or by his clerk, agent or employee, shall act as a vendor, hawker, peddler or solicitor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a vendor, hawker, peddler or solicitor shall be liable for a penalty of not more than $250 for each incident of offense or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment. In addition, a violation of any of the provisions hereof shall constitute disorderly conduct, and the person violating the same shall be prosecuted as a disorderly person.