[1]
Editor's Note: Municipal authority to license occupations
and businesses, General City Law Section 20, Subdivision 13; licensing
of armed forces veterans, dependents, General Business Law Section
32; provisions of state law supplemental to municipal regulations,
General Business Law Section 35.
[Ord. of 4-22-2002,[1] § 1]
(a)
The Common Council of the City of Poughkeepsie finds that there have
been periodic major increases in the number of roadside peddlers selling
their wares from vehicles on City streets and on vacant lots and unimproved
land adjacent to major roadways in the City.
(b)
The Common Council finds that this proliferation of roadside peddlers
can be detrimental to the health, safety and general welfare of the
citizens of the City of Poughkeepsie and to the safe flow of vehicular
traffic on the roadways of the City of Poughkeepsie.
(c)
Therefore, the Common Council determines that it is necessary and
proper, pursuant to the powers granted unto the City of Poughkeepsie
by virtue of General City Law § 20(13), to regulate the
practice of hawking, peddling and soliciting.
[1]
Editor's Note: This ordinance amended Article I, Hawkers and Peddlers, in its entirety. Said Art I was adopted by an Ord. of 3-4-1929, §§ 1, 2, 3, 5 and 18, and amended by Ord. of 9-17-1934, §§ 1, 2; Ord. of 5-20-1935, § 1; Ord. of 1-3-1938, § 1; Ord. of 6-19-1950, § 1; Ord. of 12-6-1954, § 1; Ord. of 6-5-1961, § 1; Ord. of 4-16-1990, § 1; Ord. of 7-15-1991, § 1; Ord. of 1-6-1992, § 1; Ord. of 10-5-1992, § 1; Ord. of 12-4-1997, § 1. Subsequent amendments are noted in the text where applicable.
[Ord. of 4-22-2002, § 1]
As used in this article, the following terms shall have the
meanings ascribed to them:
Includes any person, either principal or agent, who from
any vehicle or any public street or public place or by going from
house to house, on foot or from a vehicle, sells or barters or offers
for sale or barter or carrier or exposes for sale or barter any goods,
wares or merchandise.
Any publicly owned land adjacent to and abutting any public
street, road, highway, or sidewalk.
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 trade, services, goods, wares or merchandise.
Includes any automobile, truck, wagon or cart, either propelled
by hand, motor power or animals, or any other means of transportation
of commodities or locomotion.
Includes any newsstand, table, bench, booth, rack, handcart,
pushcart or any other fixture or device which is not required to be
licensed and registered by the New York State Department of Motor
Vehicles, used for display, storage or transportation of articles
offered for sale or barter by a peddler or hawker.
A person to whom a license has been issued pursuant to this
article.
[Ord. of 4-22-2002, § 1; Ord.
No. O-10-15, § 1]
No person shall publicly sell, hawk, peddle or solicit any property
or article of merchandise on the streets, or public ways of the City,
nor shall any person travel from house to house in any section of
the City, either on foot or with a vehicle or conveyance, carrying
and selling or offering for sale any property, article of merchandise,
or service without first obtaining a license therefor as hereinafter
provided, but nothing herein contained shall apply to:
(a)
Sales made to merchants for retail trade;
(b)
Sales made to any person of farm produce if such farm produce is
peddled and sold by the producer thereof or his servants or employees
or to persons selling newspapers or periodicals. The term "farm produce"
shall not include nursery stock, potted plants or cut flowers; or
(c)
Legitimate fundraising programs conducted by local not-for-profit,
civic or religious organizations.
[Ord. of 4-22-2002, § 1]
Any honorably discharged veteran of the armed services of the United States who has obtained a veteran's license from the Dutchess County Clerk, under § 32 of the General Business Law, to hawk, peddle, vend or solicit trade on the streets and highways within the County of Dutchess shall be exempt from the provisions of Section 10-7 of this article. Upon approval of the veteran's application, the City Chamberlain will issue the license to said veteran to ply his or her trade in the City of Poughkeepsie, subject to all provisions of this article.
[Ord. of 4-22-2002, § 1; Ord. of 6-7-2004, § 1]
(a)
Applicants for a license hereunder shall file with the City Chamberlain
a verified application, in duplicate, upon a form supplied by the
City Chamberlain, which shall contain the following:
(1)
The applicant's name, legal address and telephone number.
(2)
The applicant's place of residence for the past five years.
(3)
The applicant's business or employer for the past five years.
(4)
The applicant's age, height, weight, eye color, hair color and
place and date of birth.
(5)
Two full face photographs of the applicant taken within at least
30 days of the application and measuring at least 1 1/2 inches
by 1 1/2 inches.
(6)
Whether or not the applicant has ever been convicted of a felony,
misdemeanor or violation of any municipal ordinance, except traffic
violations, and, if so, the date, court, ordinance violated and sentence
of the court.
(7)
Whether the applicant has been previously licensed in any occupation
and if so, when, where and for what periods and if such previous license
was ever revoked, the date of revocation and the reason thereof.
(8)
Fingerprints.
(9)
The name and address of the person, firm or corporation the applicant
represents or is employed by.
(10)
The particular business, trade or occupation for which the license
is requested, including a brief description of the nature of the business
and the kinds of goods or property to be peddled, hawked or solicited.
(11)
The manner or means of conveyance in which said business or
trade or occupation shall be conducted.
(12)
If the application is for a license to handle food in any form,
the applicant shall submit a valid permit issued by the Dutchess County
Health Department indicating compliance with the provisions of the
Dutchess County Public Health Regulations.
(13)
If the applicant requires the use of weighing and/or measuring
devices, such application shall be accompanied by a certificate, not
more than six months old, from the Dutchess County Sealer of Weights
and Measures certifying that all weights and measuring devices to
be used by the applicant have been examined and approved.
(16)
Proof that the applicant holds a New York State sales tax identification
number.
(b)
In the event that any other license or permit shall be required by
any other governmental agency in connection with applicant's
business, the same shall be produced by the applicant and the City
Chamberlain shall duly note the same.
(c)
Any change in circumstances with regard to the information provided
in the application on the license shall be reported to the City Chamberlain
within 30 days.
[Ord. of 4-22-2002, § 1; Ord. of 9-9-2002, §§ 1, 2; Ord. of 7-21-2003, § 1]
(a)
The application, accompanied by all required information and nonrefundable application fee and costs, in the amounts provided in Section 10-7 hereof, shall be submitted to the City Chamberlain.
(b)
Upon receipt of such application, the City Chamberlain shall refer
the same to the City of Poughkeepsie Police Department for such investigation
of the applicant to be made as it deems necessary for the protection
of the public good. The City of Poughkeepsie Police Department shall
submit the applicant's fingerprints along with applicable processing
fees to the State of New York Division of Criminal Justice Services
for a criminal history record, which will be received and reviewed
by the City of Poughkeepsie Police Chief or his designee.
(c)
If such investigation shall prove the applicant to have been convicted
of any felony, or any misdemeanor, except a misdemeanor defined in
Articles 156, 158 or 275 of the Penal Law, the Environmental Conservation
Law, or the Vehicle and Traffic Law, the conviction would disqualify
the applicant from obtaining a license unless such a disability has
been removed as provided in the Correction Law.
(d)
If, as a result of such investigation of the applicant, no police
record is found, the Police Department shall attach a statement to
the application that it has no police record of the applicant and
shall return the application to the City Chamberlain.
(e)
The City Chamberlain may refuse to issue the license if, in the judgment
of the City Chamberlain, either the convictions render the applicant
unfit or undesirable to carry on the trade or occupation involved,
or the applicant shall be an undesirable person or incapable of properly
conducting the trade or occupation involved.
(f)
Any applicant who has been denied a license under Subsection (e) shall be notified by mail of such rejection. Such notification shall be mailed within five business days of such rejection. The applicant shall then have 10 business days from the date of such mailing to appeal such rejection by the City Chamberlain to the Common Council. The Common Council, upon hearing the appeal by the applicant, shall approve or deny the issuance of the license.
(g)
Such license shall contain the following:
(1)
The name, address and photograph of the licensee.
(2)
The kind of goods or services to be peddled or solicited thereunder.
(3)
The amount of fee paid.
(4)
The peddler's license number.
(5)
The date of issuance and the date of expiration of such license.
(6)
The type of license (i.e., on foot or by vehicle).
(7)
The state license plate number of the vehicle if for a vehicle permit.
(8)
The seal of the City of Poughkeepsie.
(9)
The signature of the City Chamberlain or authorized deputy.
(h)
The City Chamberlain shall keep a record of all licenses issued,
and a list of such licensed peddlers shall be filed with the City
Police Department.
[Ord. of 4-22-2002, § 1; Ord. of 7-21-2003, § 2]
[Ord. of 4-22-2002, § 1]
All annual licenses issued hereunder shall terminate on the
30th day of April next succeeding the issuance thereof. All semiannual
licenses shall terminate six months from the date of issuance thereof.
[Ord. of 4-22-2002, § 1; Ord. of 6-7-2004, § 2; Ord. No. O-10-15, § 2]
License renewal applications shall be made in person to the City Chamberlain, who shall issue the same in accordance with the terms of this article. The City Chamberlain, before issuing a renewal of an existing license, shall request the Chief of Police of the City to investigate whether the applicant is of good character and repute. The Chief of Police shall furnish to the City Chamberlain, in writing, the information derived from such investigation, together with a recommendation as to whether the renewal should be granted or refused. The criminal history record as provided for in Section 10-6(b) and the fingerprints required pursuant to Section 10-5 shall be valid for one year from the date thereof. All other requirements under Section 10-5 must be met.
[Ord. of 4-22-2002, § 1]
No license issued under the provisions of this article may be
used or displayed at any time by any person other than the person
to whom the license is issued to and whose name and picture appear
on the license.
[Ord. of 4-22-2002, § 1]
(a)
Each licensee shall carry on their person all licenses issued by
the City Chamberlain at all times while the licensee is engaged in
peddling and shall exhibit the same to any City official or police
officer upon request.
[Ord. of 4-22-2002, § 1]
All weighing and measuring devices used by licensees shall be
attached to a fixed standard suspended from the vehicle or conveyance
used by such peddler, in order to ensure the accuracy of such device.
[Ord. of 4-22-2002, § 1]
A person licensed under the provision of this article and using
a vehicle shall place upon either side of the body of such vehicle
the words "licensed vendor" together with the number of such license.
Signs may be painted on or affixed to the licensee's vehicle,
provided they do not exceed the dimensions of the vehicle on which
they are placed and that such vehicle can be driven with the sign
affixed. The use of other moveable, portable or freestanding signs
is prohibited.
[Ord. of 4-22-2002, § 1]
No person shall use any vehicle for vending any article of food
that has been used for carting manure, rags, garbage, ashes or any
material which would injuriously affect such food or contact with
which would render such food unfit for human consumption without first
thoroughly cleaning such vehicle and removing all traces of such former
use.
[Ord. of 4-22-2002, § 1]
It shall be unlawful for any person to peddle, sell or vend
any item in any of the streets or on any of the sidewalks in the City
that is hazardous or injurious to the health, safety and well-being
of another person.
[Ord. of 4-22-2002, § 1]
No person shall stop, either on foot or with any vehicle, in
any of the streets or on any of the sidewalks in the City for the
purpose of vending any goods or merchandise longer than while actually
engaged in selling at any one time.
[Ord. of 4-22-2002, § 1; Ord. of 9-9-2002, § 3; Ord. No. O-10-15, § 3]
(a)
In order to relieve the congested condition of pedestrian and vehicular
traffic on the streets hereinafter mentioned, hawking and peddling
are prohibited at all times on the following streets:
(1)
Main street, including the circle at Waryas Park, between Waryas
Park and the City/town line and on all streets intersecting Main Street
between those two points for a distance of one block north and south
of Main Street.
(2)
East-West Arterial, NYS Route 44-55.
(3)
NYS route 9, north- and southbound.
(4)
All entrance and exit routes to and from Route 9.
(5)
Innis avenue, County Route 75.
(6)
Worrall Avenue, Main Street to NYS Route 44-55 East.
(7)
Parker Avenue.
(8)
Reade Place.
(9)
Jefferson Street.
(10)
Lincoln Avenue.
(11)
Washington Street from Mansion Street, north to City/town line.
(b)
It shall be unlawful for any peddler or solicitor to peddle, vend,
solicit or sell his or her goods, services or wares within 250 feet
of any church, synagogue or place of worship during services or any
place occupied as a public or private school or college or for school
or college purposes while in session, nor shall be or she permit his
or her cart, wagon or vehicle to stand on any public highway within
said distance of any such school or college property while in session.
(c)
No licensee who is licensed by the City pursuant to this article
shall peddle on privately owned lands unless specifically authorized
by the Common Council to do so for an event such as a flea market,
carnival, circus, community day or any similar event or activity.
(d)
It shall be unlawful for any licensee in plying his or her trade
to enter upon any premises or property, or to ring the doorbell 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 peddler," "no solicitors" "no agents"
or other wording the purpose of which purports to prohibit peddling
or soliciting on the premises.
(e)
It shall be unlawful for any licensee in plying his or her trade
to enter property on which there exists an apartment, condominium,
cooperative or multiple-residence complex or a shopping complex to
solicit on foot without the permission of the owner of such property
to do so.
[Ord. of 4-22-2002, § 1]
(a)
The carrying or wearing of any board or frame having thereon any
sign or advertising matter and attached to or suspended from the body
of any person upon any street, sidewalk or other public place in the
City is hereby prohibited.
(b)
No licensee shall display merchandise of goods for sale other than
on his or her person or in the vehicle for which he or she is licensed
pursuant to this article. Displays of merchandise on the ground or
on moveable structures or stands outside the licensee's vehicle
are prohibited.
(c)
Only one awning or umbrella which is mounted on a vehicle licensed
pursuant to this article is permitted per vehicle.
[Ord. of 4-22-2002, § 1]
(a)
A license issued under this title may be revoked after notice and hearing, if requested pursuant to the requirements of Subsection (b) herein, for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business as peddler, hawker, or solicitor.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling, hawking or soliciting in an
unlawful manner or in such manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
(6)
Any violation of any other ordinance provision relating to the conduct
of the business, the condition of the equipment utilized, the articles
sold or the license required.
(b)
Notice of the revocation of the license shall be made, in writing,
to the licensee by the City Chamberlain, setting forth the grounds
relied upon. Such notice shall be mailed, postage prepaid, to the
licensee at his or her known address, as contained in the application
for the license, at least 14 days prior to the effective date of the
revocation. Said notice shall include a hearing request form which
must be completed and filed with the City Chamberlain at least five
days before the effective date of the revocation. If a hearing is
requested, the hearing shall be held by the City Chamberlain, as the
licensing authority, or his or her designee. Said hearing shall afford
the licensee an opportunity to be heard with regard to the grounds
for revocation but shall be conducted on an informal basis, and compliance
with technical rules of evidence shall not be required. The hearing
shall be conducted expeditiously. If the hearing is held after the
proposed effective date or revocation or a decision has not been rendered
by the proposed effective date of revocation, the license shall remain
valid until a written decision is rendered by the City Chamberlain
revoking the license. The decision shall be mailed to the licensee.
A decision revoking the license shall set forth the effective date
of revocation of the license if different from in the original notice
to the licensee. Failure to request a hearing or to appear at a requested
hearing after notice has been given in accordance with the provisions
of this section shall result in revocation of the license as of the
effective date set forth in the notice to the licensee.
(c)
A person, business or corporation who has had a license revoked pursuant
to this section shall not be considered for a new hawking and/or peddling
license in the City of Poughkeepsie for two years subsequent to the
date of revocation of the license.
[Ord. of 4-22-2002, § 1]
Any person violating any provision of this article shall be
guilty of a violation and shall be punishable by a fine of not more
than $250 or by imprisonment not exceeding 15 days, or by both such
fine and imprisonment. The continuance of an offense for each twenty-four-hour
period shall be deemed a distinct and separate violation.
[1]
Editor's Note: Municipal authority to license occupations
and businesses, § 20, Subdivision 13, of the General City
Law, provisions as to transient retail business, § 85 et
seq. of the General Municipal Law.
[Ord. of 3-7-1932, § 2]
A "transient retail business" is one conducted in a store, hotel,
house, building or structure for the sale at retail of goods, wares
or merchandise, except for food products, and which is intended to
be conducted for a temporary period of time and not permanently. If
the place in which a business is conducted is rented or leased for
a period of six months or less, such fact shall be presumptive evidence
that the business carried on therein is a transient retail business.
[Ord. of 3-7-1932, § 8]
This article shall not include an auction sale conducted under
any law relating to insolvent debtors or to the sale of food products.
[Ord. of 3-7-1932, § 4]
No person shall conduct a transient retail business in the City
until he shall make written application to the City Chamberlain and
a permit has been granted to conduct such business.
[Ord. of 3-7-1932, § 4]
The application for permit provided for in Section 10-24 shall be verified and shall contain the following information:
(a)
The name and present address of the applicant.
(b)
The length of time for which the permit is desired.
(c)
A description and inventory of the goods, wares and merchandise to
be offered for sale.
(d)
The name under which such business is to be conducted.
(e)
The location and street number of the premises within the City where
such business is to be conducted.
(f)
The term for which the premises in which said business is to be conducted
have been leased and the name and address of the person from whom
such premises have been leased.
[Ord. of 3-7-1932, § 5]
Before any permit to conduct a transient retail business shall
be granted to any person, the applicant shall file with the City Chamberlain
a bond of a surety company authorized to do business in the State
of New York in the penal sum of $1,000 conditioned for the making
and filing of the verified reports of stock and sales, and the payment
of the tax levied thereon pursuant to Section 85-a of the General
Municipal Law and this article. In lieu of a bond, a cash deposit
of $1,000 may be made with the City Chamberlain.
[Ord. of 3-7-1932, § 7]
Every person holding a permit under this article shall keep
the same at his business premises while engaged in the business licensed
and must produce the license on the request of any official of the
city.
[Ord. of 3-7-1932, § 6]
The person applying for a permit to conduct a transient retail
business shall file with the Chamberlain an inventory of the goods,
wares and merchandise he proposes to sell and shall weekly thereafter
on the first day of each and every week file with said Chamberlain
a verified report showing the amount of goods added to his stock during
the previous week, the amount of goods sold and the gross amount received
from such sales during the previous week.
[Ord. of 3-7-1932, § 3]
Pursuant to Section 85-a of the General Municipal Law, there
shall hereafter be levied upon all persons conducting a transient
retail business in the City a tax which shall be based upon the gross
amount of sales and which shall be at the rate that other property
in the City is taxed for the year in which said tax is levied.
[Ord. of 3-7-1932, § 6]
(a)
Report. Within 10 days after the conclusion of a
transient retail business, the person holding a permit therefor shall
give written notification thereof to the City Chamberlain.
(b)
Levy, collection of tax. At the conclusion of such transient business said Chamberlain shall present said reports to the Common Council of the City, which shall levy and assess a tax against the person conducting such transient retail business based upon the gross amount of such sales, as provided in Section 10-29. Such tax shall be due and payable upon the delivery of the said report with the tax extended thereon, to the City Treasurer, and shall be paid within 10 days thereafter.
