[HISTORY: Adopted by the Town Board of the
Town of Chili 12-3-2008 by L.L. No. 4-2008; amended in its entirety 6-14-2023 by L.L. No. 1-2023. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 newspapers.
Any person who goes from place to place or house to house
or by telephone or stands in any 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 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 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.Â
Nothing in this chapter shall be held to apply to:
(1)Â
Any sales conducted pursuant to statute or by order of any court.
(2)Â
Any person selling personal property at wholesale to dealers in such
articles.
(3)Â
The peddling of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities.
(4)Â
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, as amended or changed.
(5)Â
Candidates for elective or party offices or persons acting on behalf
of any such candidates or for a reorganized political party in obtaining
signatures on petitions, distributing literature or otherwise promoting
the candidacy of any such candidate or seeking support of any position
advocated by such candidate or party.
(6)Â
Members or representatives of a church, synagogue or other religious
organization or sect in the exercise of legitimate religious activities,
provided that such activities are carried out in an orderly manner
without annoyance of or harassment to the persons solicited or in
any way disturbing the peace or creating a public or private nuisance.
B.Â
Exempt organizations.
(1)Â
Nonprofit organizations. Nonprofit organizations and persons working
for such organizations shall be exempt from the license fees. However,
such organizations shall be subject to the application fee and shall
register annually by the application process with the Town Clerk in
the event that 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. At the time of application,
such organizations shall also offer proof of their nonprofit status
as being organized under Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, that maintains a chapter or local organization
within Monroe County. Proof should be submitted in the form of evidence
of nonprofit filing from the department of state in the state for
the organization has incorporated.
(2)Â
Children, veterans, fraternal organizations. A child residing in
the Town and regularly attending any public school district or parochial
or private school located, in whole or in part, within the County
of Monroe or a member of a veterans organization or fraternal organization,
provided that such organization has and maintains a chapter, post,
lodge, camp or other group within Monroe County, are exempt from the
provisions of this chapter, provided that any person coming within
the provisions of this exemption shall only peddle, vend or solicit
in connection with an authorized activity of the organization of which
he or she is a member or of the school which he or she attends.
C.Â
Interstate commerce. This chapter also shall not apply so as unlawfully to interfere with interstate commerce, and, to that end, all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the Town Clerk for a certificate of compliance, using the form of application described in § 369-5; the applicant shall also submit to the Town Clerk satisfactory evidence that he or she is engaged in interstate commerce.
D.Â
Certificate of compliance for exemptions. When the applicant shall
have established to the satisfaction of the Town Clerk that he or
she is engaged in interstate commerce or is entitled to one or more
of the above exemptions, the Town Clerk shall issue to him or her
a certificate of compliance stating, among other things, that such
person has complied with the requirements of this section and has
satisfactorily established that he or she is engaged in interstate
commerce. Such certificate shall be carried with the person exercising
it and shall be exhibited upon demand. All certificates issued pursuant
to this chapter shall be issued for a period not to exceed one year,
nor a shorter term than one month, but in any event shall expire on
the 31st day of December following the date of issuance. The securing
of any such certificate by fraud or misrepresentation by any person
not in fact engaged in interstate commerce or entitled to one or more
exemptions shall constitute a violation of this chapter.
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 the same without first having obtained and paid for and
having in force and effect a license therefor and having received
a solicitor's permit.
A nonrefundable application fee must be submitted to the Town
Clerk prior to receiving an application for a license. Said fee shall
be established from time to time by resolution of the Town Board.
All funds are to be remitted by cash, check, credit card or money
order.
A.Â
Any person desiring to procure a license as herein provided is required
to furnish the appropriate application fee and file a written application
upon a form furnished by the Town Clerk. Such application, as well
as a signed authorization for the Town to conduct a background check,
shall be given to the Town Clerk at least 30 days in advance of the
first day of solicitation and shall contain the following information:
(1)Â
The quantity of vehicles, copy of the vehicle registration and insurance,
plate number, model, make and year of each vehicle to be used by the
applicant in carrying on the business for which the license is desired.
(2)Â
The kind of goods, wares and merchandise he or she desires to sell
or the kind of service he or she desires to perform.
(3)Â
The method of distribution.
(4)Â
The name, permanent business address, business telephone number and
age of the applicant.
(5)Â
Whether or not the applicant and each solicitor associated therewith
has been convicted of a misdemeanor or felony involving force, violence
or moral turpitude, or conviction of any other crime, other than a
traffic offense, and, if so, give the date of conviction, the nature
of the offense, the penalty imposed and the name and address of the
court.
(6)Â
Completed and signed authorization to allow the Town to conduct a
complete background check through a third party of each person to
be soliciting within the Town. Said background check shall be made
at the applicant's expense.
(7)Â
The name and address of the person, firm or corporation he or she
represents.
(8)Â
The length of time the applicant desires the license; such a license
shall not be issued for a longer term than one year nor a shorter
term than one month but, in any event, shall expire on the 31st day
of December following the date of issuance.
(9)Â
A written, detailed description of the specified proposed plan of
operations to be used by the applicant.
(10)Â
Any violation(s) of this chapter or any comparable laws, ordinances,
statutes, rules, orders or regulations of any other municipality or
of the State Door-to-Door Sales Protection Act, Personal Property
Law § 425 et seq., within the past 10 years by the applicant
or any individuals employed by or on behalf of the applicant as a
hawker, solicitor or peddler.
(11)Â
Such other information as may be required by the Town Clerk
to determine the veracity or to clarify any of the prior statements
required in this subsection.
B.Â
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.
C.Â
If applicable, such application shall be accompanied by proof of
a professional license held, if said license must be used in conjunction
with the solicitation.
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 cash deposit or surety company bond
or other bond secured by sufficient collateral in such amount as is
determined by resolution of the Town Board, 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 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 for a period
of 90 days after the expiration of any such license unless sooner
released by the Town Board.
A.Â
Application. Except for those organizations which are exempt as outlined
in this chapter, the Town
B.Â
Clerk shall issue a license pursuant to a valid application for peddling
and soliciting.
C.Â
Use. 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.
D.Â
Contents. All licenses shall be filed in the Town Clerk's office
and shall state clearly the kind of vehicle, if any, to be used and
the kind of goods, wares or merchandise to be sold or service to be
rendered, the dates of issuance and expiration of the license, the
fee paid and the name and address of the licensee.
E.Â
Display. Every licensee, while exercising his or her license, shall
carry the license with him or her and shall exhibit the same upon
demand or, if engaged in telephonic solicitation, shall, upon each
completed call, immediately state his or her name and address and
number of his or her license.
All licenses issued pursuant to this chapter shall be issued
for a period not to exceed one year, nor a shorter term than one month
but, in any event, shall expire on the 31st day of December following
the date of issuance.
The Commissioner of Public Works/Superintendent of Highways,
Town Clerk, Director of Planning, head of the Building Department,
or similar officer or designee, and Director of Parks and Recreation
and such other Town officials and employees as may be authorized by
the Town Board shall, in the performance of their respective duties
under all Town ordinances and local laws which establish various fee
schedules or charges, from time to time establish such fee schedules
or charges, subject to Town Board approval. Licenses fees shall be
paid to the Town Clerk for the license herein required.
A.Â
Number limited. Any person who aids or assists a solicitor in selling
and delivering must obtain a separate license.
B.Â
All persons who have obtained a solicitor's license shall at
all times carry and, on demand, display the license issued by the
Town Clerk, which shall contain the following information: the name
of the employee, the name of the employer, the license number and
the date of expiration of the license.
C.Â
Statement required. Each such employee shall file with the Town Clerk
a statement including his or her name, age, permanent and city address,
telephone number and the name, address, and telephone number of his
or her employer.
A written statement of all orders taken by licensed solicitors
who demand, accept or receive payment or deposit of money in advance
of final delivery, setting forth the terms thereof, the amount paid
in advance, the name of the solicitor and the name of the person or
firm he or she represents shall be given to the purchaser at the time
the money is paid to or deposited with the solicitor.
A.Â
Unlawful sales. A 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 or merchandise.
B.Â
Sanitary conditions. A hawker, peddler or solicitor shall keep the
vehicles and receptacles used by him or her in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well-covered
and protected from dirt, dust and insects.
C.Â
Noises. A hawker, peddler or solicitor shall not blow a horn, ring
a bell or use any other noisy device so as to create a public nuisance.
Seasonal ice cream trucks who traditionally ring a bell while traversing
neighborhoods are excluded from this provision, providing that no
noise is generated from any amplified source, including but not limited
to vehicle stereo, cell phone, Bluetooth device, etc.
D.Â
Obstructions. A hawker, peddler or solicitor shall not create or
maintain any booth or stand or place any barrels, boxes, crates or
other obstructions upon any street, sidewalk, right-of-way, or public
place for the purpose of selling or exposing for sale any goods, wares
or merchandise.
E.Â
Measuring devices. A hawker, peddler or solicitor shall not use any
weighing or measuring device unless the same shall have been examined
and sealed by the County Sealer of Weights and Measures.
F.Â
Hours. A licensee may not sell or vend within 250 feet of any school
property between the hours of 8:00 a.m. and 4:00 p.m. on school days,
nor enter upon private property for the purpose of peddling or soliciting
before the hour of 10:00 a.m. or after 1/2 hour before sunset of any
day, except upon the prior invitation of the householder or occupant.
G.Â
Appealing to sympathies. No peddler or solicitor shall, in order
to effectuate or assist in any sale or solicitation, represent that
he or she 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.
H.Â
Permitted place. A licensee may perform his/her respective acts and
occupations at any place in the Town of Chili except on property owned
or leased by the Town of Chili or any district thereof or on property
owned by any school district, or otherwise prohibited by the owner
of private property.
I.Â
Use of public streets. None of the foregoing licensees shall use
any of the public streets or government property within the Town of
Chili as standing places for their vehicles, handcarts or pushcarts
for the conduct of business.
No peddler, solicitor or vendor of any type that receives Town
of Chili approval shall be required to obtain a permit for the duration
of any Town-sponsored special event, from start to finish, for any
portion of any parade routes or grounds or surrounding area.
A.Â
Application for registration; contents. An application to solicit
funds for any cause whatever as provided for in this section shall
be addressed to the Town Clerk at least thirty (30) days in advance
of the first day of solicitation, and such application shall contain
the following information:
(1)Â
The name and purpose of the cause for which permission is sought.
(2)Â
The names, addresses and telephone numbers of the officers and directors
of the organization.
(3)Â
The time for which permission is sought and localities and places
of solicitation.
(4)Â
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such solicitation.
(5)Â
Such other information as the Town Clerk shall require to determine
the veracity or to clarify any of the prior statements required in
this subsection.
B.Â
Statement of finances. It shall be the duty of the Town Clerk, before
granting permission to solicit funds or donations as provided for
in this section, to compel the applicant to file with him or her a
signed statement of all moneys collected in the calendar year or the
fiscal year of such organization, society, association or corporation
previous to the application, the expenditures connected therewith,
together with the names and addresses of all persons receiving wages,
commissions or emoluments and the amounts so expended.
C.Â
C. Registration. Registration as required by this section shall be
done, in writing, at the office of the Town Clerk during regular business
hours and shall include the following information:
(1)Â
The name, address and telephone number of the organization, society,
association, religious institution or corporation desiring to solicit
in the Town.
(2)Â
The names, addresses and telephone numbers of the officers and directors
of the organization, society, association, church or corporation.
(3)Â
The names, addresses, telephone numbers and ages of all agents or
representatives who will solicit in the Town.
(4)Â
Whether or not the agents or representatives or any of them have
ever been convicted of a misdemeanor or felony involving force, violence
or moral turpitude, or conviction of any other crime, other than a
traffic offense and, if so, give the date of conviction, the nature
of the offense, the penalty imposed and the name and address of the
court.
(5)Â
Any violation(s) of this chapter or any comparable laws, ordinances,
statutes, rules, orders or regulations of any other municipality or
of the State Door-to-Door Sales Protection Act, Personal Property
Law § 425 et seq., within the past 10 years, by the applicant
or any individuals employed by or on behalf of the applicant as a
solicitor or peddler.
(6)Â
Completed and signed authorization to allow for a complete police
background check of each person to be soliciting within the Town.
Said background check shall be made at the applicant's expense.
(7)Â
The number, year, trade name identification or registration number,
state of registration and owner of every vehicle to be used.
(8)Â
The name and purpose of the cause for which soliciting is to be done.
(9)Â
The time, localities and places of solicitation.
(10)Â
Whether or not any commissions, fees, wages or emoluments are
to be expended in connection with such solicitation and to whom.
(12)Â
Such other reasonable information as the Town Clerk shall require
to determine the veracity or to clarify any of the information required
by the subsection.
A license may be refused if the applicant shall have been convicted
of a misdemeanor or felony, which, in the judgment of the Town Clerk,
renders the applicant unfit or undesirable to carry on the trade or
occupation of peddler or solicitor. The Town Clerk may also refuse
a license to any person who, in his or her judgment, shall be an undesirable
person or incapable of properly conducting such occupation in accordance
with Town Law § 137. In addition, the Town Clerk, upon consultation
with the Monroe County Sheriff Department and Town Attorney, where
applicable, may suspend any such license upon his or her determination
and finding the regulations and rules herein have been violated. Any
applicant who has been refused a license by the Town Clerk may appeal
to the Town Board therefor, and the same may be granted or refused
by the Town Board.
A.Â
Licenses or permits issued under provisions of this chapter may be
suspended immediately by the Town Clerk upon consultation with the
Monroe County Sheriff Department and Town Attorney. If the licensee
has one or more employees, agents or contractors, the suspension hereunder
shall apply to all. Suspension may occur for the following reasons:
(1)Â
Fraud, misrepresentation or any false statement contained in the
application for license.
(2)Â
(2) Fraud, misrepresentation or false statement made in the course
of carrying on the business as peddler, huckster, vendor or solicitor.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of any misdemeanor or felony involving force, violence
or moral turpitude, or conviction of any other crime.
(5)Â
Conducting the licensed business 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.
(6)Â
Any breach of stipulations or conditions specified by the Town Board,
if any, or any deviation from the terms and agreements upon which
a special permit has been granted, as provided herein.
B.Â
Notice of such suspension and the reason 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, and
a copy of such notice shall be filed with the Town Clerk.
A.Â
Any person aggrieved by the action of the Town Clerk in the denial
of an application for a license or suspension of a license, as provided
in this chapter, shall have the right to appeal to the Town Board.
B.Â
Such appeal shall be taken by filing, within 14 days after notice
of the action complained of has been mailed to such person's
last known address, as shown on the application, a written statement
setting forth fully the grounds for the appeal.
C.Â
The Town Board shall set a time and place for a hearing on such appeal,
and notice of such hearing shall be mailed to the applicant at his
or her last known address at least five days prior to the date set
for the hearing.
D.Â
The granting, refusal, revocation or suspension of a license or permit
by the Town Board shall be subject to review pursuant to Article 78
of the Civil Practice Law and Rules of the State of New York. Any
such Article 78 proceeding must be commenced within 30 days of the
mailing of notice of the action sought to be reviewed.
Any person denied a license or permit or whose license or permit has been suspended or revoked in accordance with §§ 369-16 and 369-17 of this chapter shall be ineligible to apply for a new license or permit for a period of six months from the date of such denial, revocation or suspension, unless the applicant shows that the conditions upon which such action was based have been remedied or removed.
A.Â
Any offense against any provision of this chapter shall be punishable
by a fine of not more than $250.
B.Â
Each day an offense continues shall be deemed a separate offense.
C.Â
In addition to the above penalties, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any offense against any provision of this chapter.