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Town of New Hartford, NY
Oneida County
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Table of Contents
Table of Contents
It shall be unlawful for any person to go on residential premises within the Town of New Hartford who is not the holder of a valid and unexpired license issued pursuant to this article or to engage in peddling for the sale of goods, wares or merchandise within the Town of New Hartford by visitation to private homes or residences or on the public streets, roads or highways or public places or from any vacant property, whether publicly or privately owned, within the Town of New Hartford.
A. 
No license shall be issued unless the following information is given by the applicant upon a form supplied by the Town Clerk:
(1) 
Full identification, including proof thereof by voter's registration card, vehicle operator's license or some other accepted method of identification, with residence and office address.
(2) 
The identification of goods, wares or merchandise which the applicant intends to sell.
(3) 
The address at which the applicant will receive notices under this article.
(4) 
The name and address of the employer or principal, if any, and the nature of the business activity thereof.
(5) 
The nature of the business or activity in which the applicant wishes to engage within the town.
(6) 
The time period within which the sale of goods, wares or merchandise will be conducted.
(7) 
A statement as to whether the applicant has been convicted in any jurisdiction of any crime, other than minor traffic violations, and if so, what crime or crimes.
(8) 
Two current full-face photographs of the applicant measuring two inches by two inches with the face from the top of the head to the chin at least 1 3/8 inches, together with a nonrefundable application fee of $25 per individual to defray the cost of administering this article.
B. 
Upon submission of said application, with the supporting evidence and the payment of the application fee as aforesaid, the Town Clerk shall refer the same to the Town of New Hartford Police Department for such investigation of the applicant to be made as it deems necessary for the protection of the public good. If such investigation should prove the applicant to have been convicted of a misdemeanor or felony, the Police Department shall attach to the application a copy of the applicant's conviction record and shall return the application to the Town Clerk. 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 Town Clerk. The Town Clerk shall issue to the applicant, after payment of the license fee as hereinafter set forth, a license in the form of a card which shall, unless revoked, entitle the licensee to engage in the activities applied for either a six-month period or a twelve-month period from the date of issuance; provided, nevertheless, that licenses may be renewed by making application to the Town Clerk at least 60 days prior to the termination of the existing license, upon a form supplied by the Town Clerk and upon payment of the appropriate license fee.
C. 
Under this article, the fee schedule is hereby established as follows:
(1) 
One hundred twenty-five dollars for a six-month period.
(2) 
Two hundred dollars for a twelve-month period.
Licensees regulated by this article shall carry their licenses at all times while engaging in the sale of goods, wares or merchandise within the town and shall show their licenses to residents in order to identify themselves prior to any actual sale of such goods, wares or merchandise and, in addition, shall comply with the following rules of conduct:
A. 
The licensee shall carry said license card at all times and exhibit it upon request to any peace officer, police officer or to any person upon whom the licensee shall call or with whom the licensee shall talk while carrying on the licensed activities.
B. 
The licensee shall not permit any other person to have possession of his/her license card and shall immediately report its loss to the Town Clerk. The licensee will not cause or permit said license card to be altered or defaced.
C. 
The licensee shall not enter or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request.
D. 
The licensee shall not represent said license card to be an endorsement of the licensee or of the licensee's goods, wares or merchandise or of the goods, wares or merchandise of the licensee's principal or employer.
E. 
The licensee shall immediately surrender said license card upon revocation or expiration of the license as hereinabove provided.
A. 
Any resident of the Town of New Hartford not wanting to be visited or called upon by peddlers for the sale of goods, wares or merchandise may register at the office of the Town Clerk in a list of registrants of the Town of New Hartford who do not desire to be visited or solicited at their homes in the following manner:
(1) 
Said resident or residents shall either personally appear or, on forms supplied by the Town Clerk, register with the Town Clerk advising that said resident or residents do not want peddlers to call at their home.
(2) 
The Town Clerk shall keep on file at all times a registration book showing the names and addresses of the residents of the Town of New Hartford who have registered as not wanting peddlers to call at their home.
(3) 
Said residents, in addition, shall be furnished a sticker by the Town Clerk which may be affixed to the front door of the resident's principal residence advising that no transient goods, wares or merchandise can be sold.[1]
[1]
Editor's Note: A resolution adopted 5-8-1991 established a fee of $0.25 for said sticker.
B. 
Every applicant shall personally read said list of residents of the Town of New Hartford who are registered as not wanting to be approached or contacted for the sale of goods, wares or merchandise and will sign an affidavit that said list has been reviewed by the applicant, and the applicant shall purchase from the Town Clerk a photostatic copy of said list at a charge of $0.25 per page, consistent with the Freedom of Information Law.[2]
[2]
Editor's Note: See Public Officers Law § 85 et seq.
[Amended 5-23-2012 by L.L. No. 4-2012]
The hours for the sale by peddlers of goods, wares and merchandise shall be limited to the period from 11:00 a.m. to 4:30 p.m., Mondays through Fridays, exclusive of holidays, except that peddlers of ice cream products for immediate consumption shall be allowed to operate until 8:00 p.m. on weekdays and as well on Saturdays and Sundays from 11:00 a.m. through 8:00 p.m.
A. 
If any applicant is found to have been convicted of any felony or misdemeanor involving moral turpitude, said person may be denied a license or, if such license has been issued, it may be revoked or canceled by the Town Board after a hearing before said Board.
B. 
If any licensee provides any false or misleading information concerning his or her identification or the identity of the organization for which the sale of such goods, wares or merchandise is being conducted, the license issued to that licensee may be revoked by the Town Board after a hearing before said Board.
C. 
If any licensee fails to comply with the standards of conduct set forth in § 89-5 herein, such license theretofore issued to such licensee may be revoked by the Town Board following a hearing before said Board.
Notice of revocation, in any case, shall be given by written notice, personally served or sent by certified mail to the address designated for this purpose in the application for license.
Any person whose license has been refused, revoked or canceled shall be entitled to a hearing before the Town Board and shall be entitled to appear with his/her own counsel, if he/she so desires, and shall be heard on behalf of a request for reinstatement or issuance of said license. He/she may, through counsel or himself/herself, examine and cross-examine all witnesses who testify in said proceeding.
Any person, firm or corporation who commits an offense against this article by selling goods, wares or merchandise other than during the hours permitted or without first obtaining a license/card or who may violate any other provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.