Town of Pine Plains, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Pine Plains 3-21-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 114.
Parks and recreation areas — See Ch. 193.
The business of vending merchandise and refreshments in the public streets, sidewalks, places and from door to door in the Town of Pine Plains should be regulated to protect the public health, safety and welfare of the inhabitants of the Town of Pine Plains, to prevent congestion of traffic and travel, to minimize traffic hazards and to maintain the residential character of residential neighborhoods.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person, either principal or agent, who from any public street or public place or by going from house to house, on foot or on or from any vehicle, sells or barters, offers for sale or barter, or carries or offers for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of any description or value, except milk, newspapers and food distributed on regular customer routes.
SOLICITOR
Any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers or milk), or for services to be performed in the future, or for making, manufacturing, or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall also mean and include any person taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers or milk), or for services to be performed in the future or for making, manufacturing, or repairing any article or thing whatsoever for future delivery at the home or residence of any person who has been solicited prior thereto by telephone, or has responded to any type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.
VENDOR
Any person who parks a motor vehicle on or near a public street in connection with the operation of selling merchandise and/or refreshments.
It shall be unlawful for any person to engage in the sale of goods, merchandise, services or contracts of any description or in the collection of money within the Town of Pine Plains for the same without first having duly obtained and having in force a license as herein provided.
Nothing in this chapter shall be deemed to apply to any of the following:
A. 
Any person acting as a dealer in milk, bakery products, heating fuel or newspapers.
B. 
Fee and licensing requests shall be waived for any person soliciting or collecting for any bona fide school, charitable service or religious organization situated in the Town of Pine Plains.
C. 
A license shall not be required:
(1) 
For any holder of a license granted pursuant to § 32 of the General Business Law.
(2) 
For any honorably discharged member of the Armed Forces who is disabled as the result of an injury received while in the naval or military service of the United States.
(3) 
For those acting as foot peddlers in parades or other community celebrations. A fee of $10 may be assessed per day for each such peddler.
(4) 
For those participating in an event sponsored or operated by a bona fide charitable service and/or religious organization.
A. 
Any person desiring a license, as herein provided, shall file with the Town Clerk a written application therefor, duly verified by the applicant upon blank forms provided by the Town Clerk. A license may be taken out only by an individual and not in the name of a firm, corporation, association, club, or other group. Such application shall include, but not be limited to, the following information:
(1) 
Name, address, date of birth, social security number, tax identification number and motorist identification number of said person; and the name of such corporation, firm, association, club, partnership or any other organization involved.
(2) 
A description of the type of goods, wares and/or merchandise that the applicant wishes to sell or solicit orders for.
(3) 
A description of the vehicle that the applicant will use in carrying out his/her business or occupation.
(4) 
Owner of vehicle, registration, and insurance details thereof.
(5) 
County Health Department permit number, if a food vendor.
(6) 
If peddling or soliciting for a corporation, date of incorporation, state in which it is incorporated and name, address, date of birth, and social security number of all officers and majority stockholders.
(7) 
Whether applicant has ever been convicted of a crime and, if so, under what name, with a listing of such convictions, including crime, jurisdiction, date and sentence imposed.
B. 
Such application shall also be accompanied by three photographs, two inches by two inches in size, taken within 30 days prior to the date of filing of the application; full face on white background.
C. 
Each person seeking a license shall submit a set of fingerprints on a form approved by the Pine Plains Police Department.
D. 
The applicant shall provide a certificate of insurance with his/her application in the amount of $1,000,000 absolving the Town and any of its officers or employees from any negligence or claims arising from the activity of the vendor and naming the Town as a named insured.
E. 
Such application shall also be accompanied by a nonrefundable application fee of $250. If the application is approved, this fee shall become the license fee for a period of one year.
[Added 7-20-2000 by L.L. No. 2-2000]
A. 
The Police Department shall investigate all applications and shall, thereafter, issue or deny said license to the applicant.
B. 
The Police Department shall refuse issuance of a license to any person who has been convicted of a felony.
C. 
The date of issuance and expiration of the license, as well as the purpose for which it has been issued, shall be set forth on the face thereof.
D. 
The license shall be carried on the person of the licensee at all times while being exercised, and shall be exhibited by the licensee to any person on demand therefor. A picture of the applicant shall appear on the valid license, with the Town Seal imprinted on same.
E. 
The license shall not be transferable or assignable. In the event that a licensee shall permit any person other than himself/herself to possess or use such license, such license shall automatically be revoked, and the licensee shall thereby be guilty of violating this chapter and no application for a further license may be made for period of one year from the date of revocation.
F. 
The license is good only for the purposes stated thereon, and any change of product being sold or offered for sale, without written consent from the Police Department, shall constitute cause for revocation of the license, and the licensee shall thereby be guilty of violating this chapter, and no application for a further license may be made for a period of one year from the date of revocation. If a Board of Health or other county permit is required, the sale of a product not covered by such permit shall be a violation of this chapter, and no application for a further license may be made for a period of one year from the date of revocation.
G. 
An applicant who has had a license denied or revoked by the Police Department may appeal to the Town Board in writing within 30 days of the denial. The Town Board will thereafter hold a public hearing to review the determination of the Police Department.
A. 
Peddlers or solicitors shall not:
(1) 
Enter upon private or public property for the purpose of soliciting or peddling before the hour of 9:00 a.m. or after the hour of 7:00 p.m. on any day, except upon the express invitation of the householder or occupant.
(2) 
Resort to deceptive acts or practices, physical abuse, threats, intimidation or harassment in the course of conducting their business, or offer for sale any provision, food or merchandise that is unwholesome, unfit, or is otherwise harmful to the user or consumer thereof.
(3) 
Stand or remain, or permit any vehicle used in such business to stand or remain, for more than 10 consecutive minutes on the same street or place or 100 yards from said place, or for more than 15 minutes of any hour on any public place or street.
(4) 
Permit any vehicle to stand or remain:
(a) 
Within 100 feet of an intersection;
(b) 
On any crosswalk; or
(c) 
Within 300 feet of any school property, commercial establishment, church or synagogue property.
(5) 
Peddle or solicit on private or public property which has displayed a sign bearing the words "No Peddling or Soliciting" or words of like intent; nor shall any licensee remain on the premises after the owner or occupant thereof shall have requested said licensee's departure therefrom.
(6) 
Have any exclusive right to a location in the public street, nor shall any be permitted a stationary location for more than 10 minutes, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public. For the purpose of this chapter, the judgment of any police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(7) 
Cry his or her wares, or make use of bells, whistles or other noise.
(8) 
Undertake any activities at the Town recreational facilities without separate authorization of the Town Board, and upon such additional terms, conditions and fees as it may impose.
B. 
Such license shall include the right to use only one vehicle of conveyance in carrying out the business for which the person is licensed.
C. 
Such license shall not be construed so as to create any rights which supersede any applicable ordinances or local laws.
D. 
All orders taken by a licensed solicitor or peddler, for which he or she demands, accepts or receives payment, or deposit of money in advance of final delivery, shall be in writing, in duplicate, stating the terms thereof, and said 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 or peddler. Such orders can be taken only in compliance with applicable state and federal laws and Federal Trade Commission rulings, and nothing herein shall be taken to waive such restrictions.
Vendors shall not:
A. 
Park a vehicle or cart, from which goods are sold or orders taken, on any of the streets in the Town of Pine Plains or public property.
B. 
Create, erect or maintain any booth or stand, or place any barrels, boxes, crates or other container upon any street, or public or private property, for the selling or exposing for sale of any goods, wares, or merchandise.
C. 
Engage in any conduct prohibited in § 198-7 of this chapter.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Police Department of the Town of Pine Plains for cause, after written notice, including, but not limited to, the following:
(1) 
Fraud, misrepresentation or false statements in the application for the license.
(2) 
Fraud, misrepresentation or false statements in the course of carrying out the applicant's trade, business, or occupation.
(3) 
Any violation of any local law.
(4) 
Conviction of any felony.
(5) 
Conducting the licensed business, trade or occupation in an unlawful manner, or in such a way as to breach the peace or to constitute a menace to the health, safety or welfare of the public.
B. 
In the event that such license is revoked, the fee is nonrefundable.
The Town Clerk shall keep an accurate record of all licenses issued under this chapter.
Any violation of this chapter shall be punishable by a fine of not more than $250 or up to 15 days in jail, or both. Each day on which such violation continues shall constitute a separate offense.
Provided that such application is made before the prior license has expired, a license issued under the terms of this chapter may be renewed by the Police Department for a fee of $250. The fee shall not be refundable.