[HISTORY: Adopted by the Town Board of the Town of Waterford at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
Noise — See Ch. 106.
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building, store or vacant property in which or where the person transacts business and sells and deals in, during regular business hours, the goods, wares and merchandise he hawks, peddles or for which he solicits.
- HAWKING and PEDDLING
- Includes, except as hereinunder expressly provided, any person, either principal or agent, who, in 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 animal or vehicle standing in a street or highway, sells or barters, offers for sale or barter or carries or expresses for sale or barter any goods, wares or merchandise, except as hereinafter exempted.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies, nonprofit organizations or associations offering any services whatsoever and all other entities of any kind capable of being sued, except as hereinafter exempted.
- Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except as hereinafter exempted, or for services to be performed in the future by any profit or nonprofit organization, except as hereinafter exempted, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any person selling personal property at wholesale to dealers of such articles, to merchants having an established place of business within the Town of Waterford, or their employees, or to the peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities or to dealers in milk, baked goods, heating oil and daily newspapers, to any honorably discharged member of the Armed Forces of the United States who has procured a license as provided by the General Business Law of the State of New York or to persons soliciting or collecting for any bona fide charitable organization having offices within the Town of Waterford. This chapter shall also not apply so to as unlawfully interfere with interstate commerce.
It shall be unlawful for any person within the territorial limits of the Town of Waterford to act as a hawker, peddler or solicitor, as herein defined, without first having obtained and paid for and having in force and effect a license therefor.
Every applicant for a license as herein provided shall submit to the Town Clerk a written application, under affidavit, setting forth the following information:
That he is a citizen of the United States.
That he has never been convicted of a felony or misdemeanor (or, if so, giving details).
A detailed statement of the particular business, trade or occupation for which the license is requested.
The number and kind of vehicle, if any, to be used by the applicant in carrying on the business for which the license is requested.
The kinds of goods, wares and merchandise he desires to sell or the kind of service he desires to render.
The name and address of the person, firm or corporation he represents.
The names and addresses of the principal officers, if a corporation, and the name and address of a person upon whom a legal notice may be served.
Such other information as may be required by the Town Clerk.
Upon the filing of the application as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license, as provided in § 118-3, signed by the Town Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of public safety, health, morals or general welfare.
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 a license granted to any other person shall be guilty of a violation of this chapter.
Such license shall automatically expire on January 1 following the date of issue of such license, but such license may provide for an earlier expiration date.
No license shall be granted to a person under 18 years of age.
No applicant to whom a license has been refused or who had had a license which has been revoked shall make further application until a period of at least six months has elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same, upon demand, to any police officer or citizen.
The license fee for hawkers, peddlers or solicitors shall be as follows: $25.
Any licensee using a horse and wagon or motor vehicle may employ not more than two persons to assist selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
Upon the refusal of the Town Clerk to issue a license to any applicant or upon the determination of the Town Board that any license shall be revoked, the procedure prescribed in § 137 of the Town Law shall be complied with. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason therefor, in writing, shall be served by the Town Clerk upon the person named in the application, and a copy of such notice shall be filed with the Town Clerk.
A licensed hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quality or quantity of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or any lessee of the premises objects.
Not sell any confectionary or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalks.
Not 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.
Not 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.
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, 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 of money 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 chapter, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of revoked licenses.
Any person who, himself or by his agent or employee, shall act as a hawker, peddler or solicitor, as herein defined, without a license or shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor shall, upon conviction, be punished by a fine or not more than $250 or by imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense.