[HISTORY: Adopted by the Town Board of the Town of Ogden 6-18-1977 by L.L. No. 3-1977 (Ch. 138 of the 1995 Code). Amendments noted where applicable.]
This chapter is enacted by the Town of Ogden for the purpose of regulating transient peddling, vending and soliciting in order that the peace, health, safety, welfare and good order in the Town and of its inhabitants shall not be endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling and Soliciting Law of the Town of Ogden."
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares or commodities that person peddles, vends or solicits in the ordinary and regular course of business.
MERCHANDISING
The selling, bartering or trading or offering to sell, barter or trade of any goods, wares, commodities or services.
PEDDLER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or who solicits contributions of goods or moneys by going from house to house or 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.
PERSON
Includes any individual, firm, partnership, corporation and unincorporated association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction of this chapter to act as a peddler, vendor or solicitor, as herein defined, without first having duly obtained and having in force and effect a license therefor.
A. 
An application for a license shall contain the following information:
(1) 
The name and description of the applicant.
(2) 
The address of the applicant (local and legal).
(3) 
The name of the firm or company where the applicant is employed.
(4) 
The address of the firm or company where the applicant is employed.
(5) 
A description of the motor vehicle to be used, along with the license number.
(6) 
A brief description of the nature of the business and the kind of goods or property to be peddled or solicited.
(7) 
The date and length of time the applicant desires the license.
B. 
The Town Clerk may require a letter of authorization from the firm or company which the applicant purports to represent.
C. 
Each person peddling or soliciting for the same firm or company will be required to file a separate application.
[Amended 1-23-2013 by L.L. No. 1-2013]
D. 
Each person applying for a peddling or soliciting license must produce photo identification.
[Added 1-23-2013 by L.L. No. 1-2013]
E. 
Each person applying for a peddling or soliciting license who is not a resident of the Town of Ogden shall, with such application, provide a government-issued criminal background check for each such applicant.
[Added 1-23-2013 by L.L. No. 1-2013]
Upon receipt of the application and of 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 and the location wherein it may be conducted. This license shall be nontransferable and shall be in the 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 officers or sheriffs or their deputies.
The licensing period shall be on a daily, monthly or annual basis, and fees for the same shall be as determined by the Town Board from time to time. Such license shall not be transferable and shall so state on the face thereof.
The Town Clerk shall keep a record of the applications, 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 and the date of revocation and/or expiration of all licenses revoked.
A. 
The provisions of this chapter shall not apply to the following:
(1) 
An honorably discharged member of the Armed Forces of the United States who is crippled as a result of injuries received while in the naval or military services of the United States, who has procured a license from the Monroe County Clerk as provided by the General Business Law of the State of New York.
[Amended 12-13-1995 by L.L. No. 9-1995]
(2) 
Any person soliciting at the express invitation of the person solicited or serving an established customer.
(3) 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Town.
(4) 
Truck gardeners or farmers who themselves or through their employees vend, sell or dispose of products of their own farms or gardens.
(5) 
A child permanently residing in the Town of Ogden and attending any public, parochial or private school located in the Town of Ogden or immediately adjacent Town; or a representative of any established church maintaining a place of worship within the Town or immediately adjacent Town; or a member of a veteran's organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within the Town of Ogden; or a member of a fraternal organization or civic group, provided that such fraternal organization or civic group maintains a chapter of local organization within the Town of Ogden; and further provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which such person is a member or the school which such person attends.
(6) 
Auction sales held pursuant to law by a sheriff or other officer authorized by law to conduct such sale.
B. 
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
A licensed peddler, vendor or solicitor shall not:
A. 
Call attention to such peddler's, vendor's or solicitor's goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.
B. 
Frequent any street in an exclusive nature so as to cause a private or public nuisance.
C. 
Stand or permit the vehicle used by such peddler, vendor or solicitor to stand in one place in any public place or street for more than 10 minutes, nor in front of any premises for any time, if the owner or the lessee of the ground objects.
D. 
Sell confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E. 
Enter a private residence or place of business in the Town for the purpose of selling or offering for sale or for soliciting orders for goods, wares, merchandise, contracts or personal services, or remain in a private residence or on the premises thereof, or any place of business or on the premises thereof, after the owner or occupant thereof shall have requested any solicitor or peddler to leave, or go in and upon the premises of a private residence or place of business for any such purposes when the owner or occupant has displayed a "no soliciting" sign on such premises.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Willfully misstate any fact about any article offered for sale.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Willfully offer for sale any article of an unwholesome or defective nature.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Fail to keep any vehicle or receptacle used in a sound, clean and sanitary condition.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Licenses issued under provisions of this chapter may be revoked by the Town Clerk of the Town of Ogden after notice and hearing for any of the following causes:
(1) 
Any violation of this chapter.
(2) 
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. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the licensee's last known address at least five days prior to the date set for hearing.
C. 
The Town Clerk, upon receiving information giving the Town Clerk reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section, may forthwith temporarily suspend such license until a hearing is held by the Town Clerk as provided herein and the Town Clerk shall have issued the Town Clerk's determination thereon.
D. 
If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either the licensee or any one or more of the licensee's employees are 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 § 201-5 of this chapter or in the decision of the Town Clerk with reference to the revocation of a license as provided in § 201-11 of this chapter shall have the right to appeal to the Town Board of the Town of Ogden. 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 applicant's last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 12-13-1995 by L.L. No. 9-1995]
Any person who shall act as a peddler, vendor or solicitor, 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 or solicitor subsequent to the revocation of such person's license shall, upon conviction, be subject to a penalty of not more than $250 or to a term of imprisonment not to exceed 15 days, or both, for each day on which such violation continues.