[HISTORY: Adopted by the Town Board of the
Town of Binghamton 4-15-2003 by L.L. No. 1-2003; amended in its entirety 11-15-2016 by L.L. No. 3-2016. Subsequent amendments noted where applicable.]
No person, firm or corporation, business, or limited liability
company without first having obtained a license therefor as provided
herein shall peddle goods, wares or merchandise on any public street,
avenue, sidewalk, lane or alley or in any public place in the Town
of Binghamton, or sell or offer for sale any goods, wares or merchandise
in, upon or from any booth or stand in any public street, avenue,
sidewalk, lane or alley or in any public place in such Town; provided,
however, that the vendors of newspapers, milk, bakery goods, cheese,
eggs, cream and farmers and growers of farm and garden produce and
regularly established retailers in said Town and their duly appointed
agents, servants and employees shall not be required to apply for
and obtain a license or to pay a fee. A person, firm, business, limited
liability company or corporation who owns or uses vehicles with the
same or similar business markings on said vehicles shall be required
to obtain a license for each such vehicle and/or driver.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, whether a resident of the Town or not, traveling
either by foot, wagon, motor vehicle or any other type of conveyance
from place to place, from house to house or from street to street
fulfilling orders and/or taking or attempting to take orders for the
sale of goods, wares or merchandise, personal property of any nature
whatsoever for future delivery or for services to be furnished or
performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not or hires, leases,
uses or occupies any building, structure, tent, railroad car, boat,
hotel room, lodging room, apartment house, shop or any other place
within the Town for the sole purpose of exhibiting samples and taking
orders for future delivery. A person, firm, business, limited liability
company or corporation shall be considered to be a canvasser or solicitor.
Federal Express, United Parcel Service and/or the United States Postal
Service are not considered a canvasser or solicitor.
Includes any person, whether a resident of the Town or not,
traveling by foot, wagon, motor vehicle or any other type of conveyance
from place to place, from house to house or from street to street
carrying, conveying or transporting goods, wares or merchandise, offering
and exposing the same for sale or making sales and delivering articles
to purchasers or who, without traveling from place to place, shall
sell or offer the same for sale from a wagon, automotive vehicle,
railroad car or other vehicle or conveyance, and further provided
that one who solicits orders and as a separate transaction makes deliveries
to purchasers as a part of a scheme or design to evade the provisions
of this chapter shall be deemed a peddler subject to the provisions
of this chapter. A person, firm, business, limited liability company
or corporation shall be a peddler.
Includes the singular and the plural, and shall also include
any person, firm or corporation, association, club, partnership or
society or any other organization.
Includes peddlers, solicitors and canvassers.
An applicant for such license shall execute a written application therefor on a form to be provided by the Building Official and/or Code Official and shall furnish all information required in said form. An applicant shall execute a form provided by the Building Official for a criminal background check on each person subject to this Chapter 161 and shall pay the fee for each such background check.
All applicants shall furnish to the Building or Code Official
of said Town the required fee and such other information as shall
be required for the purpose of identification, and the Building Official
shall conduct such investigation as he shall deem necessary and make
a report of his investigation to the Building Official and/or Code
Official. If the Building Official and/or Code Official shall approve
such application, he shall issue the license herein provided for,
for a term ending December 31 of the year in which same is issued.
Such license shall be in such form as the Building Official and/or
Code Official shall prescribe and it shall be signed by him. The form
shall include the name and address of the applicant, the name and
address of the person, firm or corporation, if any, for or through
whom or which, or under whose auspices, the applicant is authorized
to vend or, if none, a statement to such effect, a brief description
of the type or types of goods, wares and merchandise to be vended
and the expiration date of the license.
Any disabled veteran of any division of the United States Armed Forces, although he must qualify for a license pursuant to the terms of this chapter, if he does so qualify shall receive a license without fee. No license shall be issued, however, to any applicant who shall have been convicted of any crime or the violation of any municipal ordinance or to any person whose vendor's license has been revoked unless the Supervisor shall find upon good cause that the issuance thereof would not be contrary to the best interests of the Town. The license herein provided for may be renewed at its expiration upon the execution of a new application, which shall be in the same form as provided for in § 161-3 here of and upon compliance with the provisions of this chapter.
All licenses shall be nontransferable.
The vendor shall have such license in his possession at all
times and shall exhibit the same at any time upon demand by any police
officer, Town official, Town employee or the person approached by
any vendor.
A vendor shall not conduct activities before 9:00 a.m. or after
6:00 p.m. or in such manner as will interfere with the pedestrian
or vehicular use of the public streets and places; nor shall be directly
or indirectly cause or permit the public streets and places to be
littered with papers, wrappings or other debris or refuse; nor shall
be enter in or upon any house or building or on any land or property
where there is posted on the front of the building or premises a written
notice stating that vendors are not desired, unless the vendor has
received the prior consent of the occupant thereof, and be shall make
no false statements or representations in the course of his activities
and shall conduct himself at all times in an orderly and lawful manner;
nor shall be use or blow upon or ring or sound any instrument or thing
or shout or cry out for the purpose of attracting attention to his
wares or giving notice of his approach; nor shall be sell any confectionery
or ice cream within 250 feet of any school between the hours of 9:00
a.m. and 4:00 p.m. on school days.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the County Sealer of Weights and Measures, and if the latter shall
find such appliances correct and true, he shall issue his certificate
to that effect, and such certificate shall be affixed thereto in a
conspicuous place. A vendor shall not carry, keep for use or use any
such appliances which shall not be correct and true and do not record
and give the weight and quantity claimed by said vendor.
A licensed vendor, hawker, peddler or solicitor shall keep the
vehicles and receptacles used by him in a clean and sanitary conditions
and the foodstuffs and edibles offered for sale well covered and protected
from dirt, dust and insects.
Any person, firm or corporation applying to the Building Official
and/or Code Official for such license shall, at the time of making
application therefor, pay a fee as determined by the Town Board and
the costs of all required background checks.
A violation of the foregoing chapter shall be punishable by
a fine of not to exceed $1,000 per occurrence or imprisonment for
not to exceed 15 days, or both, for each offense. Each day of a violation
shall be considered a separate occurrence.
