Town of New Hartford, NY Chapter 108 Transient Merchants

[HISTORY: Adopted by the Town Board of the Town of New Hartford 6-1-1983 by Ord. No. 2-1983. Amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 89.

§ 108-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

TRANSIENT MERCHANT

Any person, partnership or corporation who displays samples, models, goods, wares or merchandise in any outdoors area or in any hotel or motel room, rooming house, store, club, storehouse, house or other indoor place for the purpose of securing orders or completing sales for the retail sale of such goods, wares or merchandise and who does not own said premises or is not the holder of a formal lease thereof for a term of not less than one month and for a rental of not less than $250.

§ 108-2 License required.

A. No person shall engage in business as a transient merchant unless he shall first have obtained a license to do so from the Town Clerk. The fee for a transient merchant's license shall be at the rate of $500 for each thirty-day period or portion thereof. The license issued by Town Clerk to the transient merchant must be at all times prominently displayed in a location visible to the public in or about the premises used by the transient merchant in conducting his business.

B. Every person to whom a license has been granted hereunder, while exercising his license, shall place the license number and date of issuance in all advertisements placed in newspapers and shall provide that the number and date of issuance be announced in the course of all radio and television commercials placed during such period of time that the license is in operation and effect.

§ 108-3 Application for license.

An applicant for a transient merchant's license shall provide the following information:

A. Address of his place of residence.

B. The firm or firms he represents, together with copies of documents establishing the firm's state or country, form of organization, ownership and qualifications to do business in this state, and the exact relationship between the firm and the transient merchant.

C. A brief description of the nature of the business and the kind of goods or commodities he desires to sell.

D. The place where the applicant proposes to sell such merchandise.

§ 108-4 Bond to be posted.

A. Before such license is issued by the Town Clerk, the applicant will be required to post a surety bond in an amount of not less than $500 for each transaction made and bonded for and for $25,000 protection in the aggregate for transactions occurring in a license period of 30 days or a portion thereof. Any extension of a license period will require the same bonding before said license is extended, and said bond shall be approved as to form and sufficiency by the Town Attorney before such license is issued or extended.

B. The condition of such bond shall be that said transient merchant will pay all state and local taxes applicable to his transactions entered into in this municipality; that he will well and truly perform any and all contracts or sales orders made within the city; and more particularly, that if said merchant takes orders for merchandise to be delivered at a future date and accepts payment in part or in full therefor, he will deliver said merchandise in a satisfactory condition within a period of four months from the date of said contract, a copy of which contract or sales order, with full particulars, to be delivered to the purchaser at the time of sale.

C. There shall be no forfeiture in respect to the four-month limitation where there is proof that nondelivery was due to strikes or other extraordinary events beyond the control of said transient merchant; however, in such event, the transient merchant, upon demand, shall promptly return in full the purchaser's deposit, and if he fails so to do, the surety will be required to make restitution under said bond.

§ 108-5 Report to be made by hotel keeper or proprietor.

The owner, proprietor or manager of any outdoor or indoor place shall report to the Town Clerk, within six hours after renting the same, the name of any person who has rented said outdoor or indoor space for the sale and display of merchandise of a transient merchant, giving the location of the room so rented.

§ 108-6 Penalties for offenses.

Any person violating the provisions of this chapter shall be guilty of disorderly conduct and shall be deemed a disorderly person and, upon conviction thereof, shall be fined not more than $150 for each offense, and every day that a violation of this chapter shall continue shall constitute a separate and distinct offense.

§ 108-7 Exceptions.

This chapter is not intended to apply to:

A. The casual sale of food or fish products or vegetable produce.

B. The casual sale of balloons and similar goods during public parades and similar public activities.

C. The display of samples, models, goods, wares or merchandise in any outdoors area or in any hotel or motel room, rooming houses, store, club, storehouse, house or other indoor place or outdoor space for the purpose of securing orders or completing sales for the retail sale of such goods, wares or merchandise by a person, partnership or corporation, duly formed or operating for not-for-profit, charitable purposes, the proceeds of which retail sales are to be used for charitable purposes.