Town of Orchard Park, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park as Secs. 8-11 through 8-20 of the 1970 Code. Amendments noted where applicable.]
No person shall solicit for donations or contributions or sell, peddle, hawk or vend any goods, wares or merchandise or engage in canvassing and/or soliciting for the sale of or subscriptions to newspapers, magazines, books, pamphlets or other publications upon the streets or public places of the Town of Orchard Park, outside the Village of Orchard Park, or by going from house to house soliciting purchases or subscriptions, without first registering with the Town Clerk and obtaining a license for such purpose.
A. 
Solicitations pursuant to the license are allowed only in the hours between 9:00 a.m. and 7:00 p.m.
[Added 7-20-2016 by L.L. No. 3-2016]
The following persons or organizations are exempt from the requirements of § 101-1:
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, exempting farmers from the provisions of § 101-1, was repealed 4-7-2004 by L.L. No. 1-2004.
B. 
Charitable organizations. Bona fide charitable organizations or bona fide professional fund-raisers duly registered pursuant to Article 10-A of the Social Welfare Law of the State of New York or persons specifically exempted from the provisions of said Article 10-A of the Social Welfare Law pursuant to § 482-a thereof.
C. 
Veterans; widows, widowers and spouses of veterans. An honorable member or discharged member of the Armed Forces of the United States who is a resident of the County of Erie, State of New York and a veteran of any war, or the widow, widower or spouse of any such veteran, if he/she is a resident of the County of Erie and the State of New York, shall have the right to hawk, peddle, vend and sell goods, wares or merchandise or solicit trade upon the streets and highways within the Town of Orchard Park, provided said person complies with § 32 of the General Business Law of the State of New York.
[Amended 4-7-2004 by L.L. No. 1-2004]
D. 
Local civil, educational, etc., groups. Solicitation for contributions or subscriptions sponsored by local civic, educational or governmental groups, provided the organization has registered with the Town Clerk.
Any person seeking a license under the provisions of this chapter shall register with the Town Clerk and submit an application showing the following information:
A. 
The name, address and age of the applicant.
B. 
The name and address of the applicants' employer, if any.
C. 
The kind of vehicle that will be used, if one is to be used.
D. 
A statement of the character of the goods, wares or merchandise to be sold, peddled or hawked.
E. 
Such other pertinent information as the Town Clerk may require.
[Added 8-6-1997[1], amended 4-7-2004 by L.L. No. 1-2004; 7-20-2016 by L.L. No. 3-2016]
A fee set from time to time by resolution of the Town Board of Orchard Park and administered by the Town Clerk of Orchard Park shall be paid by the applicant for each license issued pursuant to the provisions of this chapter, except for those person to whom the chapter is not applicable as stated in § 101-2 hereof.
[1]
Editor's Note: This resolution also repealed former § 101-4, License fee, as amended.
The Town Clerk may refuse to issue a license under the following circumstances:
A. 
If the applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation involved; or
B. 
To any person who, in the judgment of the Town Clerk, shall be an undesirable person or incapable of properly conducting the trade or business desired.
No license issued under the provisions of this chapter may be transferred from one person to another.
Each license issued under the provisions of this chapter shall expire on the last day of December following the issuance thereof.
Any license issued pursuant to this chapter may be revoked by the Town Clerk upon the order of the Town Board for proper cause and in the interest of public safety.
Each person licensed under the provisions of this chapter shall keep with him the license issued by the Town Clerk at all times that he is engaged in his business and, upon demand of any police officer or other lawful authority or of any person being solicited by the licensee, produce the license issued to him.
[Amended 1-25-1985 by L.L. No. 1-1985]
Violations of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
[Added 4-7-2004 by L.L. No. 1-2004; amended 7-20-2016 by L.L. No. 3-2016]
The Town of Orchard Park stadium event vendor license is a license to sell goods, wares, or merchandise upon privately owned parcels within a one-mile radius from the center of the stadium. The license shall be valid only on event days for a period of four hours prior to, during and four hours after the end of the stadium event. This license shall be valid only during the time period designated on the license. This license shall be issued in compliance with Peddlers and Solicitors, §§ 101-3 and 101-5 through 101-10. The license fee shall be set by resolution of the Town Board of Orchard Park from time to time and be administered by the Town Clerk of Orchard Park.