Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tuxedo 10-11-1978 as L.L. No. 5-1978. Amendments noted where applicable.]
No person, firm or corporation shall hawk, peddle or solicit sales or orders for the sale of any goods, wares or merchandise within the limits of the Town of Tuxedo without having first obtained a license therefor, as hereinafter provided.
A. 
Application for such license shall be made to the Town Clerk who, upon payment of the fee as hereinafter provided, shall submit the same to the Town Board of the Town of Tuxedo, which Board may issue such license to such person, firm or corporation as it shall deem fit and proper to engage in such trade or occupation.
B. 
Each and every person engaged in the activity of hawking, peddling or soliciting, whether employed by himself or others, shall apply for and receive a license, as herein provided, prior to engaging in such activity.
C. 
The application for a license issued pursuant to this chapter shall include the following information:
(1) 
Name, address and age.
(2) 
Physical characteristics such as:
(a) 
Sex.
(b) 
Height and weight.
(c) 
Color of hair and eyes.
(3) 
Name and address of the organization or firm represented.
(4) 
Description of any vehicle being used and the license plate number thereof.
(5) 
Record of any arrests and convictions.
(6) 
Description of goods or services being offered for sale or purpose of solicitation.
D. 
In addition to the information required in Subsection C above, applications shall be accompanied by the following:
(1) 
Recent photograph of the application of a size no smaller than two by two (2 x 2) inches.
(2) 
In the case of a solicitor taking orders for future delivery, a bond in the amount of $2,000 shall be submitted, conditioned upon the faithful fulfillment of any such agreement and available to any aggrieved resident of the town.
A. 
The application may be referred by the Town Board to the Chief of Police for an investigation, if deemed necessary, and for fingerprinting of the applicant.
B. 
Every license granted by the Town Board shall be signed by the Town Clerk, who shall keep a record thereof and of the amount of the fee to be paid therefor.
[Amended 10-10-1979 by L.L. No. 8-1979]
The fee for the issuance of such license shall be as provided in the Standard Schedule of Fees of the Town of Tuxedo.[1]
[1]
Editor's Note: See Ch. 48, Fees.
All licenses granted under this chapter shall expire on the January 1 following the date of issuance, unless such license shall specifically provide for an earlier date of expiration. Every licensee, while exercising his license, shall carry the same with him and shall exhibit the same upon demand.
The Town Clerk shall keep a record of all applications and licenses issued under this chapter, including the date of such license, the name and address of the person to whom the same was issued, the nature of the trade permitted by such license and the amount of the license fee paid.
[Amended 7-31-1985 by L.L. No. 4-1985]
No person, firm or corporation who whom a license is issued, as provided for in this chapter, shall hawk, peddle or solicit sales or orders for the sale of any goods, wares or merchandise within the limits of the Town of Tuxedo other than between the hours of 9:00 a.m. and 6:00 p.m. each day.
[Amended 7-31-1985 by L.L. No. 4-1985]
No license issued hereunder shall be deemed to authorize or permit the holder thereof to stand and sell or solicit sales or orders for the sale of goods, wares and merchandise at any one place continuously for more than 30 minutes. This is not applicable to a vehicle(s) used by the vendor.
No license issued hereunder shall be deemed to authorize the holder thereof to hawk, peddle or solicit sales or orders for sales of any goods, wares or merchandise with or from more than one conveyance, and a separate licensing fee shall be charged for each additional conveyance.
This chapter shall not prohibit hawking or peddling by an honorably discharged member of the armed forces of the United States who is crippled as a result of injuries received while in said armed forces as provided in Article 4 of the General Business Law, nor shall it apply to the peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
A. 
The issuance of any license may be denied by the Town Board or a license may be revoked by the Town Board for any of the following reasons:
(1) 
Fraud, misrepresentation or false statement in the application for the license or in the conduct of the licensee's business.
(2) 
Violation or noncompliance with this chapter or any other applicable ordinance, law or regulation.
(3) 
Conviction of a crime involving moral turpitude or conduct of business in a manner constituting a breach of peace or a menace to the health, safety or general welfare of the public as determined within the discretion of the Town Board.
B. 
Notification of such denial or revocation shall be in writing.
This chapter shall not apply to any recognized civic, religious or political group or organization having an office in the Town of Tuxedo and engaged in occasional fundraising activities as determined within the discretion of the Town Board.
A license under this chapter can be issued upon the written approval of any three members of the Town Board and need not be issued at a regular Town Board meeting.
[Amended 10-10-1979 by L.L. No. 7-1979; 4-14-1993 by L.L. No. 3-1993]
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not less than $250 and not exceeding $3,000 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.