[HISTORY: Adopted by the Town Board of the Town of Amenia 7-11-1985 by L.L. No.
4-1985. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling,
Vending and Soliciting Law of the Town of Amenia."
The merchandising and/or soliciting of goods, money or services
within the Town of Amenia and/or along the public highways in said
town has subjected or may subject its inhabitants to unscrupulous
practices, annoyance and danger. The purpose of this chapter is to
protect established businesses and to provide for the licensing and
regulation of persons engaged in such activities in order that the
peace, health, safety, welfare and good order of the town and its
inhabitants shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the
meanings indicated:
A person doing business through the act of renting a room
or suite of rooms in a hotel, motel or inn, commercial building or
private dwelling or open space, including a parking lot for temporary
occupancy, for the purpose of using said premises to sell, offer for
sale or solicit orders for goods, services, merchandise or money to
or from members of the public.
A permanent building, store or depository in which or where
the person transacts business and deals in goods, wares, commodities
or services, from where a person peddles, vends or solicits in the
ordinary and regular course of business.
A person who engages in the act or occupation of selling
or offering for sale from a fixed location or locations, at times
and from time to time, goods, wares or merchandise, shrimp, lobster
tails, clams, mussels, oysters, fish, meat and produce from any portable
cart, stand, vehicle or display device of any nature.
The selling, bartering or trading of or offering to sell,
barter or trade any goods, wares, commodities, food or services or
the taking of orders therefor.
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by going
from house to house, place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building, or other premises therefor.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
A store, room, building, tent, enclosure, parking lot or
structure of any kind intended to be used or occupied for the period
of time necessary to peddle, vend or solicit the merchandise sold
therein. In all prosecutions for the violation of this chapter, the
intent of the defendant to conduct an established place of business
shall be a material fact, and the burden of proving such intent shall
be upon the defendant in such prosecution.
It shall be unlawful for any person within the jurisdiction
of the Town of Amenia to act as a peddler, huckster, vendor, solicitor,
commercial traveler or itinerant vendor, as herein defined, without
first having obtained and paid for and having in force and effect
a license as hereinafter provided.
A.
Every applicant for a license is required to submit to the Town Clerk
a written application supplying, under oath or by sworn statement,
the following information:
(1)
The name of the applicant and if that applicant is a United States
citizen.
(2)
Present home residence.
(3)
The applicant's place of residence during the past three years,
if different from his present address.
(4)
The name and address of the firm represented, if any.
(5)
The length of time for which the license is required.
(6)
A description of goods, wares, commodities or services to be offered
for sale.
(7)
All felonies or misdemeanors with which the applicant has been charged
and the disposition of each such charge.
(8)
A statement as to whether the applicant has previously been denied
a license or had a license revoked under this chapter or under a similar
law of another municipality.
(9)
To the application must be appended a letter of authorization from
the firm which the applicant purports to represent.
(10)
Whenever it is required by this chapter that written permission of
the owner of private property is necessary, such written permission
describing the property to be used shall be submitted by the applicant.
(11)
The age of the applicant.
(12)
Any other information deemed necessary by the Town Board and requested
on said application form.
B.
If the application has one or more employees who will work in the
town, the same information must be supplied as to each employee.
Upon receipt of the application and the license fee and if reasonably
satisfied with the applicant's qualifications, the Town Clerk
shall issue a license to the applicant, specifying the particular
business authorized. This license shall be nontransferable for a definite
period of time and shall be in continuous possession of the licensee
while engaged in the business licensed. The license shall be produced
upon the demand of any town official, prospective buyer, police officer
or sheriff. If issuance of a license is refused by the Town Clerk
or revoked, the applicant shall not be issued a new license for a
period of one year thereafter. If a license is issued and utilized
on a vehicle, it shall be required to be visibly shown.
The Town Clerk shall keep a record of the applications and the
determinations thereon and of all licenses issued in accordance with
this chapter. The record shall contain the name and residence of the
person licensed, the location of the business, the amount of the license
fee paid, the license period and the date of revocation of all licenses
revoked.
All licenses hereunder shall expire no later than the license
period for which issued.
A.
For each person, as herein defined, acting as peddler, huckster,
solicitor, itinerant vendor or commercial traveler, the fee schedule
shall be as follows: $25 for six months.
B.
For each employee of a person as herein defined, the same fee schedule as in Subsection A above shall apply.
C.
For each vehicle or other receptacle used in the furtherance of the
licensed business or activity: the fee shall be $10.
D.
All fees shall be payable at the time of issuance of the license.
A.
A peddler, vendor, solicitor, huckster, itinerant vendor or commercial
traveler, whether licensed or exempt from licensing pursuant to the
provisions of this chapter shall:
(1)
Not willfully misstate the quantity or quality of any article or
services offered for sale.
(2)
Not willfully offer for sale any article of an unwholesome or defective
nature.
(3)
Not call attention to his goods by blowing a horn, by shouting or
crying out or by any loud or unusual noise.
(4)
Keep the vehicle and/or receptacles used by him in the furtherance
of his licensed business in a sound, clean and sanitary condition.
(5)
Keep his edible articles offered for sale well protected from dirt,
dust and insects.
(6)
Not stand, hawk, peddle or solicit or solicit funds on the premises
of any business establishment, shopping center or mall without the
written consent of the owner or individual agency or organization
responsible for the management and/or operation of the same.
(7)
Not sell or vend within 500 feet of any school property between the
hours of 8:00 a.m. and 4:00 p.m. on school days.
(8)
Not enter upon private property for the purpose of peddling or soliciting
before the hour of 9:00 a.m. of any day or after 8:00 p.m. of any
day, except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler, huckster, vendor, solicitor,
itinerant vendor or commercial traveler, in plying his trade, to ring
the bell or knock upon or enter any building whereon there is painted
or otherwise affixed or displayed to public view any sign containing
any or all of the following words: NO PEDDLERS, NO SOLICITORS, NO
AGENTS, or other wording, the purpose to prohibit peddling or soliciting
on the premises.
C.
No person or employee thereof shall conduct or carry on any occupation
or activity for which a license is required herein on property owned
by the Town of Amenia or any district thereof.
D.
No licensee or employee thereof shall use any of the public streets
within the Town of Amenia as standing places for vehicles, pushcarts,
handcarts or other receptacles for the conduct of their business or
use said streets to display goods or services offered for sale or
the taking of orders therefor.
E.
Whenever a regulated activity is to be carried on or conducted on
private property, before a license is issued for such activity, the
applicant shall provide to the Town Clerk the written permission of
the owner of such property or the individual, agency or organization
responsible for the management or operation of the same.
A.
Licenses issued under provisions of this chapter may be revoked by
the Town Board of the Town of Amenia, after notice and hearing, for
any of the following causes:
(1)
Fraud, misrepresentation or any false statement contained in the
application for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business as a peddler, huckster, vendor, solicitor,
itinerant vendor or commercial traveler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling 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.
B.
The Town Clerk, upon receiving information giving reasonable cause
to believe that the holder of any license issued hereunder has violated
any provision of this chapter or has been convicted of any violation
referred to in this section or has been indicted or charged with or
for any crime or offense or has been convicted of any crime or offense,
may forthwith temporarily suspend such license until a hearing is
held by the Town Board, as provided herein, and the Town Board shall
have issued its determination thereon.
C.
Notice of hearing for revocation of a license shall be given in writing,
setting forth specifically the grounds of the complaint and the time
and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at the last known address at least five days prior
to the date set for the hearing.
D.
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees determined to be in
violation of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 88-5 of this chapter, shall have the right to appeal to the Town Board of the Town of Amenia. 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, a written statement setting forth fully the grounds for the appeal. 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 the last known address at least five days prior to the date set for the hearing. The granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.
A.
The provisions of this chapter shall not apply to the following:
(1)
Any person soliciting at the express invitation of the person solicited.
(2)
Farmers and persons who grow fruit and vegetables.
(3)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the town.
(4)
A child regularly attending any public, parochial or private school;
veterans organizations; fraternal organizations; civic groups; churches;
or religious organizations or sects; provided, however, that such
child or member of any exempt organization, as herein listed, shall
carry on an otherwise regulated activity only in connection with an
authorized activity of the school which such child attends or another
school which has authorized such child to carry on the activity or
the organization of which he is a member or another exempt organization
which has authorized such member to carry on the activity; and further
provided that, prior to the commencement of such activity, the school
or exempt organization for which the activity is to be carried on
shall notify the Town Clerk, in writing, of the intention of such
school or organization to conduct such activity in the Town of Amenia,
together with a brief description thereof.
(5)
Persons soliciting or collecting for any bona fide charitable organizations.
B.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
[Amended 4-18-1991 by L.L. No. 1-1991]
Any person who shall act as a peddler, huckster, vendor, solicitor,
commercial traveler or itinerant vendor, as herein defined, without
a license or who shall violate any of the provisions of this chapter
or who shall continue to act as peddler, vendor, huckster, solicitor,
commercial traveler or itinerant vendor subsequent to the revocation
of his license shall be guilty of an offense and punishable by a fine
of not less than $50 nor more than $250 or by a term of imprisonment
not exceeding 15 days, or both. Each week that such violation continues
shall constitute a separate offense.
