[HISTORY: Adopted by the Town Board of the
Town of Sweden 2-12-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
The purpose of this chapter is to require a
permit for hawkers, peddlers and solicitors operating within the Town
of Sweden outside the village limits in order to protect the residents
of the Town from the fraudulent and criminal practices of unscrupulous
persons posing as hawkers, peddlers or solicitors engaged in lawful
business.
As used in this chapter, the following words,
terms and phrases shall have the meanings herein ascribed to them:
One who goes from place to place or from house to house or
from street to street or who stands in a street or upon a sidewalk
selling, bartering or offering for sale or barter any items whatsoever,
including but not limited to the following: goods, wares, merchandise,
magazines, food products and farm products.
One who goes from place to place or from house to house or
from street to street or who stands in a street or upon a sidewalk
taking orders for any items whatsoever, including but not limited
to the following: goods, wares, merchandise, magazines, food products
and farm produce, which items are to be delivered in the future, or
for services to be performed in the future or for making, manufacturing
or repairing any article or thing to be delivered in the future.
No person shall act as a hawker, peddler or solicitor as herein defined within the Town limits without first having obtained a permit from the Town Clerk or his or her designated representative (deputy). Any exempt organization, under § 138-5, still must obtain a yearly permit.
A.
No permit shall be issued by the Town Clerk or his
or her designated representative unless the following information
is furnished by the applicant for the permit:
(1)
The name of the applicant, his or her permanent address
and temporary address.
(2)
The company represented and the address of the company.
(3)
The applicant's phone number.
(4)
A copy of the driver's license of the applicant and
any individual(s) designated to hawk, peddle or solicit and the year,
make, model, registration and plate number of any vehicle(s) used
for purposes of hawking, peddling or soliciting.
(5)
A description of the items hawked, peddled or for
which orders are being solicited.
B.
The applicant shall also furnish the names of two
persons as character references for the applicant and any individual(s)
designated to hawk, peddle or solicit.
A.
The fees for permits issued pursuant to this chapter
shall be set forth from time to time by resolution of the Town Board.
B.
Exemption to fee requirements.
(1)
No charge shall be made for the permit of a veteran,
provided that such veteran or his widow shall be residents of Monroe
County and shall have in effect and shall exhibit to the Town Clerk
or his or her designated representative a Monroe County license issued
pursuant to § 32 of the General Business Law of the state.
(2)
No person shall be required to pay a permit fee under
this chapter who has a valid license issued by the New York State
Department of Social Welfare or to persons soliciting or collecting
for any bona fide charitable organization or on behalf of any class
of any Brockport school.
(3)
Business premises. No person who calls at business
places exclusively or at only those places where he or she has been
requested by telephone or by letter to call shall be required to pay
a permit fee under this chapter.
(4)
No person who deals exclusively in milk, milk products,
newspapers or farm products produced by him/her or his/her employer
shall be required to pay a license fee under this chapter.
C.
Private residential premises. No one shall enter onto
private residential premises for the purpose of selling or offering
to sell any goods, wares, merchandise or other things or services,
nor solicit information for the purpose of selling or making offers
to sell in the future such aforesaid goods, wares, merchandise or
other things or services, to persons residing therein, without the
prior consent of the owner or person in possession of said private
residential premises.
The Town Clerk or his or her designated representative
shall revoke the permit of any person who has made a false statement
on his or her permit application or who has been convicted of a crime
while having in effect a permit issued under this chapter. Notice
of revocation shall be sent immediately to such person at the permanent
address listed on the license application.
The Town Clerk or his or her designated representative
shall file and retain each application for a hawker's, peddler's or
solicitor's permit for a period of 10 days following the date of the
application. He or she shall also keep a record of all permits issued
under this chapter and shall note thereon all revocations of permits.
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter. Any violation shall automatically result in the revocation of the permit.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
chapter shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
