[HISTORY: Adopted by the Town Board of the
Town of Fallsburg as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Licensing of occupations — See Ch. 182.
[Adopted as Ch. 17 of the 1971 Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes a building or store in or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
A person or entity that engages in a business for profit
who sells, offers to sell, offers or barters to sell food or drink
from a pushed, pedaled, pulled or motorized vehicle or from a carried
container and/or from one spot upon a public street, sidewalk, rights-of-way,
or private or public lands. "Food" is defined as all articles used
for food, drink or condiment, including ice or water used by humans,
whether simple, mixed or compound, and articles used or intended to
be used as ingredients in the composition or preparation thereof.
[Added 7-28-2014 by L.L. No. 4-2014]
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from 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 vehicle, sells or barters, offers for sale
or barters, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value (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. The term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value
(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 at the home or residence of any person
who has been solicited prior thereto by telephone, or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
A person or entity engaged in a business for profit who sells,
offers to sell, offers or barters to purchase merchandise, goods,
services or commodities of any type, or solicits orders for future
services, goods, merchandise or commodities, from house to house or
place to place, whether by the use of a wagon, cart, pack, basket,
container or otherwise for up to one year, whether or not with a display
of samples, from one spot on a public street, sidewalk, rights-of-way,
upon any lands, whether private or public lands, within the Town.
[Added 7-28-2014 by L.L. No. 4-2014]
A person or entity engaged in a business for profit who sells,
offers to sell, offers or barters to purchase merchandise, goods,
services or commodities of any type, or solicits orders for future
services, goods, merchandise or commodities, from house to house or
place to place, whether by the use of a vehicle, wagon, cart, pack,
basket, container or otherwise, for up to one year, whether or not
with a display of samples.
[Added 7-28-2014 by L.L. No. 4-2014]
A.
Nothing in this article shall be held to apply to
any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
To any person selling personal property at wholesale
to dealers in such articles.
(3)
To merchants having an established place of business
within the Town or their employees for soliciting orders from customers
and delivering the same.
(4)
To persons under the age of 18 years.
(6)
To any honorably discharged member of the armed forces
or any other person who has procured a license issued by the County
Clerk as provided by § 32 of the General Business Law of
the State of New York.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall
register annually with the Town Clerk in the event they plan to engage
in vending, hawking, peddling or soliciting, and shall indicate the
type of activities to be undertaken and the time when they will be
performed.
It shall be unlawful for any person within the
corporate limits of the Town to act as a hawker, peddler or solicitor
as herein defined or assist same without first having obtained and
paid for, and having in force and effect a license therefor.
A.
In addition to the information required by Article I of Chapter 182 of this Code, such application shall also furnish the following additional information:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name and address of the person, firm or corporation
he represents.
(5)
The length of time the applicant desires the license.
(6)
The application of any peddler/solicitor/vendor engaged in the selling
or distribution of food or drink, including ice or water consumed
by humans, whether simple, mixed or compound, and articles used or
intended to be used as ingredients in the composition or preparation
thereof shall also be referred to the local Department of Health for
an approval of a valid permit. The health permit shall be required
in addition to the peddler's license required by this article. Such
peddlers' equipment shall be subject to inspections by the Health
Department at the time of application and at periodic intervals thereafter.
A copy of the Health Department permit must accompany the Town application
and remain on file with the Town Clerk's office.
[Added 7-28-2014 by L.L. No. 4-2014]
(7)
If a motor vehicle is to be used, a description of the vehicle (year,
make, model), together with the motor vehicle registration number,
license plate number and a copy of the vehicle's current proof of
liability insurance and valid New York State Department of Motor Vehicles
inspection must accompany the application and remain on record at
the Town Clerk's office.
[Added 7-28-2014 by L.L. No. 4-2014]
(8)
If selling at one location, a notarized written statement from the
property owner consenting to applicant's use of his/her property for
the sale activities indicated in the permit application must remain
on record at the Town Clerk's office.
[Added 7-28-2014 by L.L. No. 4-2014]
B.
If applicable, 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 cash deposit of
$5,000 or a $5,000 surety company bond or other bond secured by sufficient
collateral, said bond to be approved by the Town Attorney as to form
and surety 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 for a period of 90 days after the expiration
of any such license, unless sooner released by the Town Board.
Any holder of any 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 misdemeanor.
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.
[Amended 5-11-2010 by L.L. No. 7-2010]
All licenses shall be issued via a certificate
with a Town seal 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 license, that date of issuance and
expiration of the license, fee paid and the name and address of the
licensee. Each license issued shall be indexed.
Such license shall be for such term as requested
by the applicant but shall expire not later than the first day of
January next succeeding.[1]
Every licensee, while exercising his license,
shall carry the license with him and shall exhibit the same upon demand.
A.
The license fee for each person licensed as a "hawker,"
"peddler" or "solicitor" for a period of not more than one year shall
be as set from time to time by resolution of the Town Board.
[Amended 5-11-2010 by L.L. No. 7-2010]
B.
The license fee for each person licensed to assist
a "hawker," "peddler" or "solicitor" shall be shall be as set from
time to time by resolution of the Town Board, for a period of not
more than one year.
[Amended 3-4-1982 by Ord. No. 82-2001,
effective 3-19-1982; 5-11-2010 by L.L. No. 7-2010]
C.
For the purpose of this article, a person who assists
a "hawker", "peddler" or "solicitor" shall be deemed to be any person
who participates in delivering merchandise or any other items sold,
performs any services in or about the customer's premises or otherwise
generally renders aid or assistance, except participation in selling
or soliciting orders.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or so soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents," or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend, or sell
his goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall be
permit his cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Town.
E.
No peddler or solicitor shall 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.
F.
It shall be unlawful to 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.
G.
No peddler or solicitor shall represent or state or
otherwise indicate that he is not intending to sell or otherwise enter
into a contract with any person in the household.
H.
No peddler or solicitor shall, in order to effectuate
or assist in any sale or solicitation, represent that he is engaged
in any contest or in any way attempt to induce a sale or solicitation
by appealing to the sympathies of the person so solicited.
I.
Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
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 made 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 applications and of all licenses granted under the
provisions of this article giving the number and date of each license,
the fee paid and the date of revocation of all licenses revoked.
A violation of any provision of this article
is hereby declared to be a misdemeanor and shall be punishable by
a fine not exceeding $1,000, one year's imprisonment, or both.
[Adopted as Ch. 65, Arts. III and V, of the
1971 Code]
No person shall, upon the public highways or
in any public place within the Town, for the purpose or intent to
solicit or interest another in the rental or sale of any apartment,
room, hotel, house, bungalow, camp, business or enterprise, commit
any of the following acts:
[Added 8-16-1977 by Ord. No. 77-1; amended 7-13-2020 by L.L. No. 5-2020]
Any person, firm, corporation, organization or group who violates any provision of this article shall be prosecuted pursuant to § 96-15 of the Town Code.