[HISTORY: Adopted by the Town Board of the Town of Williamson 10-14-2014 by L.L. No.
4-2014. Amendments noted where applicable.]
[Added 8-8-2017 by L.L. No. 2-2017]
This chapter is intended to regulate peddling and soliciting
activities in the Town of Williamson to ensure the public welfare
and to protect against criminal activity, including fraud and burglary;
minimize the unwelcome disturbance of citizens and the disruption
of privacy; and to otherwise preserve the public health, safety and
welfare by regulating, controlling and licensing peddlers and solicitors,
including but not limited to door-to-door peddlers and solicitors.
This chapter also provides a means by which property owners may enjoy
the use of their properties by allowing seasonal sales of various
items while at the same time protecting pedestrians, traffic and motorists
on roadways and intersections.
A.Â
CHARITABLE
CLERK
CONTRIBUTIONS
FIXED LOCATION
HAWKER
HAWKING
PEDDLER
(1)Â
(2)Â
PEDDLING
PERSON
SOLICITATION
SOLICITOR
TRANSIENT MERCHANT
As used in this chapter, the following terms shall have the meanings
indicated:
Patriotic, philanthropic, social service, health, welfare,
benevolent, educational, civic, cultural or fraternal.
The Town of Williamson Town Clerk.
Alms, money, subscriptions, property or any donations.
Any permanent structure.
One who offers for sale his or her goods by calling out in
the streets.
The selling or vending or offering for sale of any goods,
wares or merchandise for immediate delivery, which the person selling
or offering for sale carries with him or her in traveling or has in
his or her possession or control, upon any of the streets or sidewalks
or from house to house in the Town of Williamson.
Any person who goes upon the premises of any property, not
his or her own, carrying or transporting goods, wares, merchandise,
or personal property of any nature and offering the same for sale.
This includes any person who solicits orders and as a separate transaction
makes deliveries to purchasers. The word "peddler" shall not apply
to the following:
Farmers seeking or taking orders for or selling or offering
the sale of their own produce.
The seeking or taking of orders for or the selling or offering
for sale of bread or bakery products, meats or meat products or milk
or milk products by any manufacturer or producer to a commercial business
for resale.
All activities described under the definition of "peddler"
of this section.
A person or any firm, corporation, association, club, society,
or organization.
All activities described under the definition of "solicitor"
of this section.
Any person who goes upon the premises of any private property,
not his or her own, for the purpose of taking or seeking or attempting
to take orders or make contracts for the sale of goods, merchandise,
wares, or other personal property of any nature for future delivery
or for services to be performed in the future. This includes any person
who, without invitation, goes to upon private property to request
subscriptions or contribution of funds or anything of value or to
sell goods or services for political, charitable, religious, or other
noncommercial purposes.
A person who engages or proposes to engage temporarily in
merchandising business in the Town of Williamson and occupies a room,
building, tent, lot, stand, table or other premises for the purpose
of selling, trading, or bartering goods, wares and merchandise.
B.Â
Usage. The singular shall include the plural.
A.Â
It shall be unlawful for any person to engage in peddling or soliciting
activities within the Town of Williamson without first obtaining a
permit issued by the Town Clerk; provided, however, that the following
are exempt from the provisions of this section:
(1)Â
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made.
(2)Â
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation.
(3)Â
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person or organization.
(4)Â
Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary.
(5)Â
Yard sales, garage sales or conducted residential auctions of personal
household property or sales of a like nature conducted in connection
with a dwelling in a zoned residence district shall not be deemed
to be conducting a transient retail business so long as no more than
two such sales of not more than three days each per year are conducted
on any parcel or private property. The person conducting such sale,
whether resident or auctioneer, shall not require a permit.
(6)Â
The seasonal sale of fireworks, chicken barbecues and the like held
on private property with the consent of the owner of said property
shall not be deemed to be conducting a transient retail business.
The Code Enforcement Officer for the Town of Williamson shall have
the authority to regulate the location of any tent, stand or booth
to be utilized for any seasonal sales so as not to impede pedestrians,
traffic or motorists' unobstructed view of public roadways and
intersections.
[Amended 8-8-2017 by L.L. No.
2-2017]
(7)Â
Students of local schools engaged in selling or soliciting subscriptions,
books, magazines or periodicals for fund-raising activities.
[Added 8-8-2017 by L.L. No. 2-2017]
B.Â
This permit applies to any and all persons who wish to engage in
peddling or solicitation, including but not limited to transient merchants
as defined in § 129-1. This includes transient merchants
who wish to offer for sale wares at any type of carnival, festival,
flea market, craft show, etc.
C.Â
No person engaged in the peddling, solicitation, hawking or selling
of goods shall occupy any fixed location upon any of the streets,
highways, sidewalks, or other locations for the purpose of hawking,
peddling, vending or soliciting. No permittee may enter upon any public
park, Town property, municipal recreation facility, golf course, or
municipal off-street parking areas, nor premises of educational institutions
for the purpose of hawking, peddling, vending or soliciting.
D.Â
Any person who engages in the hawking or sale of goods during any
community-wide or community-endorsed event or festival shall be required
to obtain a peddlers permit for such event; such permit may be obtained
and issued by the Town Clerk.
E.Â
No person engaged in the peddling, solicitation, hawking or selling
of goods shall do so within the Town of Williamson on Sundays or any
other days before 9:00 a.m. or after sunset.
Every person subject to the provisions of this chapter shall
file with the Town Clerk an application in writing on a form to be
furnished by the Town Clerk, which shall provide the following information:
A.Â
Proof of name, date of birth, address and telephone number.
B.Â
A brief description of the business or activity to be conducted.
C.Â
The house, location or event for which the right to peddle or solicit
is desired.
D.Â
Whether there is parking located at the site of the proposed solicitation
location, and if so, the type of parking provided.
E.Â
If self-employed or acting as an agent, the name, address, and telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal, as the
case may be.
F.Â
Each employee or agent shall sign a statement as to whether or not
the applicant has been convicted of a felony, misdemeanor or local
law violation, the nature of the violation, the penalty or punishment
imposed, the date and place where such offense occurred, and other
pertinent details thereof.
G.Â
Proof of possession of any permit which, under federal, state or
local laws or regulations, the applicant is required to have in order
to conduct the proposed business or which, under any such law or regulations,
would exempt the applicant from the licensing requirements of this
chapter,.
H.Â
The type of article, device, subscription, contribution, service,
goods, wares and/or merchandise he or she desires to sell or for which
he or she wishes to solicit within the Town of Williamson.
I.Â
The type of vehicle(s) he or she wishes to use, if any. The applicant
must provide a valid registration and insurance card on each vehicle
to be used.
J.Â
Each person shall execute the application under oath or affirmation
with a written and printed signature and, if for an organization,
his or her title. He or she shall provide written proof of authorization
to apply for a permit on behalf of said organization.
K.Â
Exclusive of religious, charitable or not-for-profit corporations,
a recent photograph of the applicant showing the face of the applicant
in a clear and distinguishing manner will be required.
A.Â
At the time the application is filed with the Town Clerk, the applicant
shall pay a fee as set forth from time to time by resolution of the
Town Board of the Town of Williamson to cover the cost of processing
the application and investigating the facts stated therein, for a
one-day permit, for a one-week permit, or for an annual permit for
each solicitor or peddler. The application fee shall be waived on
one-day permits, for each applicant once per calendar year. An application
fee will be charged for a second and subsequent application in a calendar
year. This provision shall not apply to person soliciting orders for
goods to be shipped into the state or otherwise involved in interstate
commerce.
B.Â
A New York State veteran, or resident surviving spouse of a Town
veteran, may obtain a free permit to peddle upon the streets/highways
of the Town so long as said veteran or resident surviving spouse of
a veteran resides within the Town limits. Said permit is nontransferable.
C.Â
Nonprofit organizations and persons working for such organizations,
charitable, religious, and youth organizations shall be exempt from
the payment of any fees under this chapter.
A.Â
Upon receipt of an application, the Town Clerk shall review the application
as deemed necessary to ensure the protection of the public health,
safety and general welfare.
B.Â
If the Town Clerk finds the application to be satisfactory, the Town
Clerk shall approve the application and shall, upon payment of the
nonrefundable prescribed fee, deliver the required permit to the applicant.
A.Â
The Town Clerk may refuse to issue a permit or peddler's ID
card to the applicant, agent or employees under this chapter for any
of the following reasons:
(1)Â
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers.
(2)Â
An investigation reveals that the applicant falsified information
on the application.
(3)Â
The applicant has been convicted of a felony within the last five
years preceding the date of the application.
(4)Â
The applicant, employee or agent offers no proof of authority to
serve as an agent.
(5)Â
The applicant, agent or employee has been denied a permit under this
chapter within the preceding past five years, unless the applicant
can and does show to the satisfaction of the Town Clerk that the reasons
for such earlier denial no longer exist.
B.Â
The Town Clerk's disapproval and the reasons for disapproval
shall be noted on the application, and the applicant shall be notified
that his or her application is disapproved and that no permit will
be issued. Notice shall be mailed to the applicant at the address
shown on the application form or at the applicant's last known
address.
All permits issued under the provisions of this chapter shall
expire one year from the date of issuance, unless an earlier expiration
date is noted on the permit.
Exclusive of any religious, charitable or not-for-profit organization,
any person soliciting or peddling within the Town of Williamson shall
wear an identification badge upon which shall show the name of the
individual soliciting or peddling, the organization upon whose request
the solicitation or peddling is made along with a recent photograph
of the person so soliciting or peddling.
Every person required to obtain a permit under the provisions
of this chapter shall exhibit the permit when requested to do so by
any prospective customer or individual.
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued under the provisions of
this chapter. The person designated on said permit or badge shall
be the only person authorized to engage in such business thereunder.
It shall be unlawful for any person, whether permitted or unpermitted,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the Town of Williamson where the
owner, occupant or person legally in charge of the premises has posted
at the entry to the premises, or at the entry to the principal building
on the premises, a sign bearing the words "No Peddlers," "No Solicitors,"
or words of similar import.
No person, while conducting the activities of a peddler or solicitor,
whether permitted or unpermitted, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences on
Sundays or any other days before 9:00 a.m. or after sunset.
Any permit issued under this chapter may be revoked or suspended
by the Town Clerk, after notice and a hearing of the Town Board, for
any of the following reasons:
A.Â
Fraud, misrepresentation or false statement contained in the application
for a permit.
B.Â
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities.
C.Â
Conducting peddling or solicitation activities contrary to the provisions
in the permit.
D.Â
Conviction for any felony.
E.Â
Conducting peddling or solicitation activities in such a manner as
to create a public nuisance, constitute a breach of the peace or endanger
the health, safety or general welfare of the public.
F.Â
Any fees paid are nonrefundable.
Notice of a hearing of the Town Board for revocation of a permit
issued under this chapter shall be provided in writing and shall set
forth specifically the grounds for the proposed revocation and the
time and place of the hearing. Notice shall be mailed, postage prepaid,
to the permittee at the address shown on the permit application or
at the last known address of the permittee.
A.Â
Any person aggrieved by the action or decision of the Town Clerk
to deny, suspend or revoke a permit applied for under the provisions
of this chapter shall have the right to appeal such action or decision
to the Town Board within 15 days after the notice of the action or
decision has been mailed to the person's address as shown on
the permit application form or to his or her last known address.
B.Â
An appeal shall be taken by filing with the Town Clerk a written
statement setting forth the grounds for the appeal.
C.Â
The Town Clerk shall transmit the written statement to the Town Supervisor
within 10 days of its receipt, and the Town Supervisor shall set a
time and place for a hearing on the appeal.
D.Â
A hearing shall be set not later than 20 days from the date of receipt
of the appellant's written statement.
E.Â
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
F.Â
The decision of the Town Board on the appeal shall be final and binding
on all parties concerned.
G.Â
The Town shall not be responsible for any lost sales opportunities
due to the appeals process.
A.Â
Violation of any of the provisions of this chapter shall be treated
as a violation and shall, upon conviction, be punishable by a fine
of not more than $250 and up to 15 days in jail.
B.Â
In addition to any criminal enforcement, the Town of Williamson or
any individual may pursue any available civil remedies deemed appropriate
and necessary.
The provisions of this chapter are deemed and declared to be
severable. If any section, sentence, clause, or phrase of this chapter
shall, for any reason, be held to be invalid or unconstitutional by
a court of competent jurisdiction, such decisions shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this chapter, but they shall remain in effect, it being the legislative
intent that this chapter shall remain in effect notwithstanding the
validity of any part.
A disabled veteran, who has obtained a permit pursuant to this
chapter, shall not be subject to the terms and conditions of this
chapter (other than the permit requirement), so long as he or she
conducts his or her business without the use of a motorized vehicle.
A.Â
No person engaged in soliciting or peddling or acting as a transient
merchant shall occupy the streets or alleys or sidewalks of the Town
of Williamson for purposes of soliciting or peddling, with or without
any type of stand, counter, cart, etc.
B.Â
No peddler or solicitor shall peddle, vend or sell his or her goods
or wares within 200 feet any church or place of worship or public
or private school during regular business hours.
C.Â
No person shall solicit any business whatsoever at the scene of any
accident within the Town of Williamson.
D.Â
All permittees offering for sale any ice cream or frozen food product
or water ices shall observe the following specified requirements:
(1)Â
No bell, whistle, horn, or other noisemaking device shall be used
for vending purposes.
(2)Â
No vending shall be permitted from vehicles located on state highways.
(3)Â
No product shall be sold or dispensed to any child who must cross
any street or highway to the vehicle from which products are sold
or dispensed unless such child is accompanied by and under the immediate
supervision and protection of the driver of said vehicle or other
adult and such child is returned across such street or highway in
the same manner before such vehicle shall leave the immediate location
from which products are sold or dispensed. The driver of such vehicle
shall not leave any area where he or she has sold or dispensed any
product until all empty cartons, paper containers or other waste materials
originating from said vehicle have been removed and placed in a container
inside the vehicle.
E.Â
No vending shall be conducted within a distance of 75 feet of the
radius curve of any street or highway intersection or from any other
location which may obstruct the normal flow of traffic.
