[HISTORY: Adopted by the Town Board of the Town of Kinderhook 10-3-2005 by L.L. No. 15-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 210.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, except as hereinafter 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 on foot or from
any vehicle standing in a street, sells or barters, offers for sale
or barter or carries or exposes for sale or barter any goods, wares
or merchandise.
The holder of a license granted pursuant to this chapter.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, limited-liability companies
or partnerships, and all other entities of any kind capable of being
sued.
It shall be unlawful for any person within the limits of the
Town of Kinderhook (exclusive of the Villages of Valatie and Kinderhook)
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 is required to submit to the Town
Clerk a written application supplying, in affidavit form, the following
information:
A license may be denied for any one of the following reasons:
Any license granted pursuant to the authority of this chapter
is not transferable.
The fee for licenses granted pursuant to this chapter shall
be set by the Town Board by resolution.
A.
A license granted pursuant to the provisions of this chapter, after
notice and hearing as provided herein, may be revoked for any one
of the following reasons:
(1)
Conviction
of the licensee of a felony or misdemeanor.
(2)
False
or fraudulent misrepresentation by the licensee as to the quality
or quantity of the goods offered for sale or sold or the manner of
payment for them or as to any material fact stated in the license
application.
(3)
The
licensee's sale or offering for sale of goods which are not of
merchantable quality.
(4)
The
licensee's permitting or suffering of any vehicle from which
said licensee sells or offers to sell goods to remain stationary in
one spot on the Town streets for more than 10 minutes.
(5)
The
licensee's permitting or suffering of any vehicle or receptacle
from which said licensee sells or offers to sell goods to be dirty
or unsanitary.
(6)
The
licensee's parking of the vehicle from which the licensee does
business, obstructing any crosswalk within the Town.
(7)
The
sale by any licensee or the offering to sell any confectionery products
or ice cream within 250 feet of any school building between the hours
of 8:00 a.m. and 4:00 p.m. on school days.
B.
This license may be revoked, after hearing before the Town Board,
for the violation by the licensee of any provision of this chapter
or any other law of the Town, State of New York or the United States.
Notice of such hearing shall be given by mailing of it, by the Town
Clerk, to the licensee at the address shown on the application.
A violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers, violations of this
chapter shall be deemed misdemeanors, and for such purposes only.
Each week's continued violation shall constitute a separate violation.