[HISTORY Adopted by the Town Board of the Town of Rosendale 5-1-1967.
Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 47.
By the adoption of this chapter, the Town of Rosendale hereby declares
its intent to regulate and license house to house vending, soliciting and
peddling, to avoid undue annoyance and nuisance to the residents of the Town
of Rosendale and to protect the health and welfare of the residents in the
Town of Rosendale.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, firm, organization, business, individual or association
that personally or through its agents, employees or officers solicits business,
takes orders and sells merchandise on a house to house, door to door basis,
either by covering the entire Town and all the residents in said Town or by
selecting at random individual or selective dwellings, houses or residents
of said Town. The said terms of "peddler," "solicitor," "vendor" and "house
to house retailer" shall be broadly construed to mean anyone who goes from
residence to residence by appointment or otherwise and solicits orders, contracts
or transacts business, or who sets up a stand or who occupies premises temporarily
or who is a transient merchant or itinerant vendor who engages or proposes
to engage temporarily in merchandising business in this municipality and occupies
a room, building, tent, lot, stand or other premises for the purposes of selling
goods, wares and merchandise in the Town of Rosendale outside of the Incorporated
Village of Rosendale.
It is hereby declared illegal and in violation of this chapter for any
firm, person, individual, organization, association, corporation or partnership
or any other persons, either natural or artificial, to solicit, peddle, take
orders, make retail deliveries or transact or engage in house to house business
or direct solicitation, on a retail basis, to any residents of the Town of
Rosendale outside of the Incorporated Village of Rosendale, without first
obtaining a license and permit from the Town Clerk of the Town of Rosendale,
upon making application and paying the fee hereinafter stated.
A.
Said fee shall be $50 per year, expiring December 31
of each year, per applicant and licensee; and said license shall not be transferable
or assigned.
[Amended 12-10-2003]
B.
The form of said license shall be in a form designated
by the Town Clerk of the Town of Rosendale and in substance shall state that
. . . . . . . . . . . . . . . . . . . . . . . . . . is hereby licensed to
peddle and solicit and vend, sell and deliver retail merchandise and goods
or engage and enter into contracts within said Town of Rosendale, Ulster County,
New York, outside of the incorporated village, and shall constitute a receipt
for the payment of the license fee.
The requirements of this chapter shall be held not to include the following
persons who are expressly exempt from its application:
A.
The peddling of meats, fish, fruit and farm products
by farms and persons who produce such commodities; fuel vendors; and those
who are engaged solely in wholesale business selling to retailers.
B.
Hawking or peddling by an honorably discharged soldier,
sailor or marine who is disabled as a result of injuries received while in
the naval or military service of the United States.
C.
The holder of a license granted pursuant to § 32
of the General Business Law.
D.
All persons who are residents of the Town of Rosendale
are exempt from making application or paying a license fee.
A.
Any person desiring a license shall file with the Town
Clerk an application blank which shall contain the following information and
shall be under oath:
(1)
Name of applicant.
(2)
Permanent home address.
(3)
Name and address of firm represented and names and addresses
of the persons from whom goods making up the stock were or are to be purchased.
(4)
Three business references.
(5)
The place or places of residence of the applicant for
the preceding three years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
The number of arrests or convictions for misdemeanors
or crimes and the nature of the offenses for which arrested or convicted.
(9)
To the application must be appended a letter from the
firm for which he purports to work, authorizing the applicant to act as its
representative.
B.
In addition, if he is selling merchandise in his possession,
the following shall be required:
(1)
A sworn statement of the true invoice of the amount,
average quality or kind, and value of the goods to be offered for sale.
(2)
A statement of the location of such goods by street or
number and whether on the premises from which it is sold or in a warehouse.
(3)
To the application must be appended, in the discretion
of the Town Clerk, the bills or invoices of purchase from such goods.
Following the filing of the application, the Town Clerk shall verify
the information respecting the moral character of the applicant and shall
signify his approval or rejection on the reverse side of the form, and the
Town Clerk shall verify the financial information approving or rejecting the
application on its reverse side. Upon verification of the application and
payment of the prescribed fee, the licenses shall be issued by the Town Clerk.
The license issued shall not authorize any person, except the designated person
named in said license, to engage in business thereunder. Said license shall
not be transferable from the person to whom issued to any other person. A
separate license must be obtained by a licensed peddler for every agent or
employee working for him. A separate license must be obtained by a licensed
transient merchant for each branch or separate place of business in which
his business is conducted, and each license shall authorize the person to
conduct business only at the location which is indicated therein.
The Town Clerk shall keep a record of all applications and licenses
issued. The Town Clerk shall report to the Town Board annually as to the fees
received and summarize the licenses issued.
Every person holding a license under this chapter shall be required
to carry the license with him or at his business premises while engaged in
the business licensed. He must produce the license at the request of any official
of the Town and of any person of the Town with whom he wishes to conduct his
said business.
No person licensed under this chapter shall call attention to his business
or to his merchandise by crying out, by blowing a horn, by ringing a bell,
other than the door bell at a house, or by any loud or unusual noise.
A license may be revoked by the Board by reason of the violation of
the terms of the license, the violation of any municipal ordinance or state
or federal statute or falsification in applying for a license. The licensed
person must be granted a hearing by the Board upon his request. A license
may be suspended for not more than two weeks by the Town Clerk without a hearing.
Any person violating any of the provisions of any of the sections of
this chapter shall incur a penalty of not more than $100 and not more than
60 days' imprisonment, and such a conviction shall constitute a forfeiture
and cancellation of his license without further action by the Town Clerk or
Town Board.
