[HISTORY: Adopted by the Town Board of the Town of Moreau 12-11-1973
as Ch. 19 of the 1973 Code. Sections 105-2, 105-5E, 105-7 and 105-14 amended
and § 105-6 added at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a building or store in which the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or solicits
for during regular business hours.
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place or by going
from house to house or place of business to place of business, on foot or
on or from any animal or vehicle standing in a street or highway, sells or
barters, offers for sale or barter or carries or exposes for sale or barter
any goods, wares or merchandise, except as hereinafter exempted.
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
Includes any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to take orders
for goods, wares or merchandise, except as hereinafter exempted, or for services
to be performed in the future or for making, manufacturing or repairing any
article or thing whatsoever for future delivery.
The fee requirements of this chapter shall not be held to apply to any
sales conducted pursuant to statute or by order of any court, to any person
selling personal property at wholesale to dealers in such articles, to merchants
having an established place of business within the town, or their employees,
or to the peddling of meats, fish, fruit and similar produce by farmers and
persons who produce such commodities, to dealers in milk, baked goods, heating
oil and daily newspapers, to any honorably discharged member of the Armed
Forces of the United States who has procured a license as provided by the
General Business Law of the State of New York or to persons soliciting or
collecting for any bona fide charitable organization. This chapter shall also
not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person within the territorial limits of
the Town of Moreau, New York, to act as a hawker, peddler or solicitor as
herein defined without first having obtained and paid for, and having in force
and effect, a license therefor.
Every applicant for a license as herein provided shall submit to the
Town Clerk a written application, under affidavit, setting forth the following
information:
A.
That he is a citizen of the United States; that he has
never been convicted of a felony or misdemeanor (or if so, giving the details).
B.
A detailed statement of the particular business, trade
or occupation for which the license is requested.
C.
The number and kind of vehicles, if any, to be used by
the applicant in carrying on the business for which the license is requested.
D.
The kinds of goods, wares and merchandise he desires
to sell or the kind of service he desires to render.
E.
The name, address and age of the applicant.
F.
The name and address of the person, firm or corporation
he represents.
G.
The names and addresses of all partners, if a partnership,
and the names and addresses of the principal officers, if a corporation, and
the name and address of a person upon whom a legal notice may be served.
H.
Such other information as may be required by the Town
Clerk.
A.
Upon the filing of the application as provided in the preceding section, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 105-3, signed by the Town Clerk.
B.
Except as hereinafter provided, no licenses shall be
refused except for a specific reason and for the protection of public safety,
health, morals or general welfare.
C.
A license shall not be assignable.
D.
Any holder of such license who permits it to be used
by any other person, and any person who uses such license granted to any other
person, shall be guilty of a violation of this chapter.
F.
No license shall be granted to a person under 18 years
of age.
G.
No applicant to whom a license has been refused or who
has had a license which has been revoked shall make further application until
a period of at least six months shall have elapsed since the last previous
rejection or revocation, unless he can show that the reason for such rejection
or revocation no longer exists.
H.
Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand to any police
officer or citizen.
Upon application for a license, the applicant shall post a bond in the
amount of $1,000.
The license fee to hawkers, peddlers or solicitors shall be as set forth
by resolution of the Town Board and on file in the town offices.
Any licensee using a horse and wagon or motor vehicle may employ not
more than two persons to assist in selling and delivering the wares, but such
persons shall so act only while accompanying a licensed peddler, hawker or
solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor in or
about his business shall have the name of the licensee and his address plainly,
distinctly and legibly painted in letters and figures at least two inches
in height in a conspicuous place on the outside of each side of every such
vehicle, and such name and address shall be kept so painted plainly and distinctly
at all times while such vehicle is in use during the continuance of the license.
Upon the refusal of the Town Clerk to issue a license to any applicant
or upon the determination of the Town Board that any license should be revoked,
the procedure prescribed in § 137 of the Town Law shall be complied
with. When a license shall be revoked, no refund of any unearned portion of
the license fee shall be made. Notice of such revocation and the reason therefor,
in writing, shall be served by the Town Clerk upon the person named in the
application or by mailing the same to the address given in the application,
and a copy of such notice shall be filed with the Town Clerk.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes or in
front of any premises for any time if the owner or any lessee of the premises
objects.
D.
Not sell any confectionery or ice cream within two 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
E.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
F.
Not create or maintain any booth or stand or place any
barrels, boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or merchandise.
G.
Not blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares or shout or cry out his wares.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing,
in duplicate, stating the terms thereof and the amount paid in advance, and
one copy shall be given to the purchaser at the time the deposit of money
is paid to the solicitor.
It shall be the duty of the Town Clerk to keep a record of all applications
and of all licenses granted under the provisions of the chapter, giving the
number and date of each license, the name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
Any person who, himself or by his agent or employee, shall act as a
hawker, peddler or solicitor, as herein defined, without a license or who
shall violate any of the provisions of this chapter or who, having had his
license revoked, shall continue to act as a hawker, peddler or solicitor shall,
upon conviction, be punished by a fine of not more than $250 or by imprisonment
for a term not to exceed 15 days, or both. Each day on which such violation
continues shall constitute a separate offense.
