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.
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.
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.
