[HISTORY: Adopted by the Town Board of the Town of Highlands 6-15-1966. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business.
- HAWKER AND PEDDLER
- 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 on or from any animal or vehicle standing in a street or highway, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except as hereinafter exempted.
- One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entitles of any kind capable of being sued.
- 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 as hereinafter exempted, 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 sales conducted pursuant to statute or by order of any court to any person selling personal property at wholesale to dealers in such articles to merchants having an established place of business within the town or their employees, or the peddling of meats, fish, fruit and similar products by farmers and persons who produce such commodities or to dealers in milk, baked goods, heating oil and daily newspapers to any honorably discharged member of the armed forces of the United States of America who has procured a license as provided for by the General Business Law of the State of New York, or to persons soliciting or collecting for any bona fide charitable organization. This chapter shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person, within the territorial limits of the Town of Highlands, to act as a 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 blank form prepared by the Town Clerk and furnished by the Town of Highlands and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired, the kinds 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. An application for a license as a solicitor who demands, accepts or receives payment of deposit of money in advance of final delivery shall also be accompanied by a bond to the Town of Highlands, approved as to form and surety by the Town Attorney 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 the 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 Highlands for a period of 90 days after the expiration of any such license, unless sooner released by the Town Board of the Town of Highlands.
Upon the filing of the application, as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 136-3, signed by the Town 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 be guilty of a violation of this chapter. Whenever a license badge or vehicle plate 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 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 his badge and license plate, the dates 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 the age of 18 years. 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.
Any licensee using a horse and wagon or motor vehicle may employ two persons, and no more, to assist in selling and delivering the wares, but such person shall so act only while accompanying a licensed peddler, hawker or solicitor.
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 supply badges or vehicle plates to licensed hucksters, peddlers or solicitors when in his determination they shall be necessary. Such badges and plate shall not be transferred or assigned. On the expiration of the license, the licensee shall surrender his badge to the Town Clerk. It shall be unlawful for any person to destroy, deface or injure such badge in any manner or change the number or date thereon. It shall also be unlawful for any person to wear or have in his possession such badge unless he is the licensed hawker, peddler or solicitor in whose name the license is issued. Such licensee, while exercising his license, shall wear on the front of his outermost garment the badge so provided, which badge shall state the number and character of the license and the date when it expires. The vehicle plates shall be displayed by every licensee operating a vehicle on one side of the body of the vehicle used by him in the exercise of his license. Such vehicle plates shall state the character and number of the license and the date of expiration. The color of the vehicle plates shall be changed each license year. The wearing of the badge and the display of the vehicle plates are hereby made a condition of every license to which such badge or plates apply, and failure by the licensee to wear the badge or to display the vehicle plates, as aforesaid, while in the exercise of his license, shall be cause for the revocation of such license. A charge, as set by resolution of the Town Board from time to time, shall be made by the Town Clerk for each badge and also for each vehicle plate which, sum shall be refunded when the badge or plate, as the case may be, is returned to the licensee.
The Supervisor may, at any time, for a violation of this 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 Supervisor upon the person named in the application or by mailing the same to the address given in the application, and a copy of such notice shall be filed with the Town Clerk.
A licensed huckster, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity or quality of any article offered for sale; or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Not wear the badge provided by the town or use the vehicle plates after the expiration or revocation of the license represented by them.
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 stand or permit the vehicle used by him to stand in any public street for more than ten minutes, or in front of any premises for any time if the owner of 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 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.
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 of money is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all 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 the license fee paid and also 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 after having his license revoked shall continue to act as a vendor, hawker, peddler or solicitor, shall be liable to a penalty of not more than $250 or imprisonment not to exceed 15 days, or both, for each offense, and each day on which such violation continues shall constitute a separate offense.