[HISTORY: Adopted by the Town Board of the Town of Hurley 8-18-1997
by L.L. No. 3-1997. Amendments noted where applicable.]
No person shall engage in the business of hawker, peddler, solicitor
or canvasser within the town without first obtaining a license therefor.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person establishing a temporary location (not located within
a permanent building on an established taxable plot within the town) for the
purpose of offering for sale goods, wares, merchandise, including books and/or
periodicals, or service to be performed.
Any person traveling by foot, vehicle or other conveyance from street
to street, from house to house, or from place to place, carrying or transporting
goods, wares, merchandise and offering the same for sale, except one engaged
in the distribution of farm products.
Any person traveling by foot, vehicle or other conveyance from street
to street, from house to house, or from place to place, soliciting and taking
orders for the sale of goods, wares, merchandise, including books and periodicals
for future delivery or for service to be performed, whether payment in advance
for such sale or services is solicited.
A.
An annual fee as set forth from time to time by resolution
of the Town Board shall be paid before a license is issued to permit an individual
to engage in the business of peddling. A fee as set forth from time to time
by resolution of the Town Board shall be paid for each occurrence of the establishment
of a hawkers position as defined above. This fee will result in the issuance
of a temporary license whose tenure is defined to be not more than one week
in duration. A license for the sake of participation in the business of soliciting
and/or canvassing will be granted only for the duration of the activity as
proclaimed by the individual(s) so involved and a per diem fee will be charged
at the rate set forth from time to time by resolution of the Town Board.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
All peddler's licenses shall remain valid for the
remainder of the year in which issued and expire on December 31. Each license
is issued to the individual performing as the peddler and must be carried
by that individual and be available for inspection by members of the law enforcement
community. Each individual peddling in support of a single business must be
licensed to perform those tasks. Hawker's licenses will cover all individuals
working at the location defined on the license and must be resident at the
stated location at all times that the activity is occurring.
C.
Every applicant for a solicitor's and canvasser's
license who shall not be a resident of the County of Ulster or who, being
a resident of the County of Ulster, represents any person whose principal
place of business is located outside the State of New York, shall file with
the Town Clerk a surety bond running to the town in the amount of $5,000 with
surety given by an insurance carrier licensed by the State Insurance Department
conditioned that the applicant shall comply fully with this chapter and the
laws of the State of New York and guaranteeing to any resident of the town
that all money paid as a down payment will be accounted for and applied according
to the representations of the solicitor or canvasser and that any property
purchased will be delivered in compliance with the representations made by
the solicitor or canvasser. Such bond shall provide that action thereon may
be brought by any person to whom a judgment has been awarded because of loss
caused by such licensee failure or default.
No license fee hereunder shall be so applied as to cause an undue burden
upon interstate commerce. If any applicant or licensee shall claim that the
fees required or paid place an undue burden upon interstate commerce, he or
she may apply to the Town Board for an adjustment of the fee so that the same
will not be discriminatory, unreasonable or unfair to such commerce. The Town
Board shall conduct an investigation of any such claim and shall make findings
of fact and shall fix for the applicant or licensee as a license fee an amount
that is fair, reasonable and nondiscriminatory or order a refund of any amount
over the fee so fixed. The fee may be fixed upon a percentage of gross sales
or other calculations which will assure that the fee assessed will be uniform
with that assessed on businesses of like nature, but not in excess of the
license fee specified above. For this purpose the applicant may be required
to furnish sworn statements as to gross sales.
Any applicant holding a license issued by the Ulster County Clerk, pursuant
to § 32 of the General Business Law, shall be entitled to obtain
a license without payment of any fee therefor, but no such person shall engage
in any of the occupations specified in this chapter without first having been
issued license by the Town Clerk.
The Town Clerk shall issue the licenses required by this chapter upon
filing of application therefor and payment of the prescribed fee and furnishing
of bond, if required, but no license shall be issued to person not of good
moral character or who has previously been convicted of a crime.
A.
Violation of any of the provisions of this chapter is
hereby declared to be an offense against such chapter.
B.
For every violation of any provision of this chapter,
the person or corporation violating the same shall be subject to a fine of
not more than $100 or imprisonment not exceeding 30 days, or both.
[Amended 4-8-1999 by L.L. No. 1-1999]
C.
Conviction for any of the above-mentioned
violations shall constitute and effect an immediate forfeiture of any license
issued pursuant hereto.
