[HISTORY: Adopted by the Town Board of the Town of Geddes 5-17-1982 by L.L. No. 1-1982 (Ch. 57 of the 1974 Code). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 145.
This chapter is enacted for the purpose of regulating the conduct and business practices of transient merchants within the Town of Geddes.
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
- TRANSIENT MERCHANT
- A person who engages or proposes to engage in a transient retail business.
- TRANSIENT RETAIL BUSINESS
- One conducted in a store, hotel, motel, building, lot or structure
for the retail or discount sale of goods, wares and merchandise, excepting
food products, and from which is intended to be conducted for a temporary
period of time and not permanently. If the place in which a business is conducted
is rented or leased for a period of six months or less, such fact shall be
presumptive that the business carried on therein is a "transient business."[Amended 2-13-1996 by L.L. No. 1-1996]
The purpose of this chapter is to assist the government of the Town of Geddes, the management of its businesses, the preservation of good order and the peace, health, safety and welfare of its inhabitants and the protection and security of their property.
[Amended 2-13-1996 by L.L. No. 1-1996]
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 no later than 10 business days before the first date of business. The fee for a transient merchant's license shall be as set from time to time by resolution of the Town Board.
An application for a transient merchant's license shall provide the following information:
Address of his place of residence.
The firm or firms he represents, together with copies of documents establishing the firm's state or county, form of organization, ownership and qualifications to do business in this state, and the exact relationship between the firm and the transient merchant. (If a corporation, the shareholders, directors and officers of same shall be reported.)
A brief description of the nature of the business and the kind of goods or commodities he desires to sell.
The hotel, room or other place where the applicant proposes to sell such merchandise, and the time during which said business is to be conducted.
Before such license is issued by the Town Clerk, the applicant will be required to post a surety bond in an amount of $1,000 with a surety company licensed to do business in this state. Said bond shall be approved as to form and sufficiency by the Town Attorney and Town Clerk before such license is issued.
[Amended 2-13-1996 by L.L. No. 1-1996]
A condition of such bond shall be that said transient merchant will pay all state and local sales and other taxes applicable to his transactions entered into in this town; that he will well and truly perform any and all contracts or sales orders made within the town; that all contracts and sales orders will be in writing and will specify in detail all terms thereof, including but not limited to any warranty or guaranty therein; and that if said merchant takes orders for merchandise to be delivered at a future date and accepts payment in part or in full, that he will deliver said merchandise in a satisfactory condition within a period of three months from the date of said contract, a copy of which contract or sales order, with full particulars, is to be delivered to the purchaser at the time of sale.
There shall be no forfeiture in respect to the three months' limitation where there is proof that nondelivery was due to strikes or other extraordinary events beyond the control of said merchant; however, in such event, the merchant, upon demand, shall promptly return, in full, the purchaser's deposit; and if he fails to do so, the surety will be required to make restitution under said bond.
Licenses hereunder shall state the place where the businesses is to be conducted and the date of expiration of the term of such business pursuant to the license.
Before any person who is a nonresident of New York State shall have a license issued hereunder, such person must provide, to the Town Clerk and Town Attorney, proof of authorization to the New York State Secretary of State to receive service pursuant to the Business Corporation Law § 304. A certified copy of such authorization shall be filed with the Geddes Town Clerk.
Nothing in this chapter shall be held to apply to any of the following:
Sales conducted pursuant to statute.
Sales conducted pursuant to the order of any court.
Any person selling personal property at wholesale to dealers in such articles.
The peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities or to dealers in milk, baked goods, heating oil and daily newspapers.
Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York.
Persons soliciting, collecting or operating a sale on behalf of any bona fide charitable, educational, scientific, health, religious, patriotic or other organization of worthy causes deemed to be in the public interest.
Any person selling personal property at a legitimate garage sale held at his residence.
Any person selling Christmas trees.
This chapter shall not be construed so as to unlawfully burden or interfere with interstate commerce.
Chapter 240, Zoning, of the Town of Geddes shall apply to all licenses granted under this chapter. The town reserves the right to revoke any license which violates such chapter.
The owner, proprietor or manager of any hotel, motel, rooming house or other place of public accommodation shall, within six hours after renting, report to the Town of Geddes Police Chief and to the Onondaga County Sheriff the name of any person who has rented a room or other space for the sale and display of merchandise of a transient merchant, giving the location of the room so rented.
Any person violating the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both, for each offense; and every day that a violation of this chapter shall continue shall constitute a separate and distinct offense.