Town of Concord, NY Peddling and Soliciting

Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the Town or not, who or which engages in a temporary or transient business, either in one location or traveling from place to place, selling and delivering goods, wares and merchandise within the Town of Concord and who or which, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house, apartment or shop or any street, alley or other place within the Town for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm or corporation who or which, while occupying such temporary location, does not sell from stock but exhibits samples only for the purpose of securing orders for future delivery only. Said person, firm or corporation shall not be relieved from complying with this chapter merely by associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer. Food vendors and ice cream vendors, as hereinbefore defined, shall be considered as "itinerant vendors, itinerant merchants or transient merchants" for purposes of this chapter.

LICENSE

That which allows an individual and/or his or her employees to operate said business as identified by the permit.

PERMIT

That which identifies the business and allows it to exist.

RESIDENTIAL NEIGHBORHOOD

Any area made up predominantly of one- and two-family residences or apartment complexes and condominium complexes.

SOLICITOR or CANVASSER

Any individual, not a resident of the Town of Concord, traveling either by wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street soliciting for money.[1]

TEMPORARY OR TRANSIENT BUSINESS

Any exhibition and sale of goods, wares and/or merchandise which is carried on in any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house, apartment or shop or any alley or street, unless said business shall be open for business during usual business hours for a period of at least 10 months of the year.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 103-2 Permit and license required.

It shall be unlawful for a transient merchant, itinerant merchant, itinerant vendor, food vendor, ice cream vendor, solicitor, canvasser or permanent merchant selling away from his or her established place of business, as defined in § 103-1 of this chapter, to engage in any such business within the Town of Concord without first obtaining a permit and license therefor in compliance with the provisions of this chapter.

§ 103-3 Application for permit and license; fee.

Any person, firm or corporation applying for a permit and license under this chapter shall make application under oath to the Town of Concord Clerk in writing or on a form to be furnished by the Clerk, which application shall contain the following information:

(1)

The name and description of the applicant.

(2)

The permanent home address and full local address of the applicant.

(3)

A brief description of the nature of the business and goods to be sold or a brief description of the purpose or use for the moneys to be solicited.

(4)

If employed, the name and address of the employer, together with the credentials establishing the exact relationship.

(5)

The length of time for which the right to do business or solicit is desired.

(6)

The place where the goods or property proposed to be sold or orders taken for the sale thereof is manufactured or produced, where such goods or products are located at the time said application is filed and the proposed method of delivery.

(7)

A statement as to whether or not the applicant or each and every employee or person to be engaged in said business has been convicted of a crime, felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment assessed.

(8)

A state tax registration number.

(9)

Any other federal, state or local license or approval that is required for the applicant's business.

Fees.[1]

(1)

There shall be an application fee as set by the Town Board from time to time to cover the costs of an investigation of the facts therein.

(2)

An additional fee as set by the Town Board from time to time shall be paid for each and every employee or person who will be engaged in said business of the applicant.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See also Ch. 162, Fee Schedule.

§ 103-4 Investigation; issuance of permit and license.

Upon receipt of such application, the Code Enforcement Officer shall cause such investigation of the applicant's business and moral character to be made as the Code Enforcement Officer deems necessary for the protection of the public good.

If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Code Enforcement Officer shall endorse on such application his or her disapproval and his or her reasons for the same and shall notify the applicant that the application is disapproved and that no permit and license will be issued.

If, as a result of such investigation, the character or business responsibility of one or more of the applicant's employees or persons to be engaged in said business is found to be unsatisfactory, the Code Enforcement Officer shall so inform the applicant. The applicant may then either delete said person or persons from the application or submit an amended application listing other persons to be employees or persons engaged in said business. The Code Enforcement Officer shall then cause such inspection of the new persons listed as the Code Enforcement Officer deems necessary. The applicant shall only pay such fees as are necessary for the additional investigation [in an amount as set by the Town Board from time to time, for each new person listed] pursuant to § 103-3B(2).[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Code Enforcement Officer shall endorse on the application his or her approval, execute a permit addressed to the applicant for the carrying on of the business applied for and shall, upon payment of the described license fee, deliver to the applicant the permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kinds of good to be sold thereunder, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such business. The Code Enforcement Officer shall keep a permanent record of all licenses issued.

§ 103-5 License fee; duration. [1]

The permit/license fee which shall be charged by the Code Enforcement Officer for such license shall be as set by the Town Board from time to time.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Each such license, no matter when issued, shall be valid for a one-year period beginning on March 1 and expiring on the last day of February.

The permit/license fee shall be reduced to an amount as set by the Town Board from time to time for each license issued after October 1, but the application fee shall remain the same.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[1]

Editor's Note: See Ch. 162, Fee Schedule.

§ 103-6 Exhibition of licenses.

Any person licensed under this chapter is required to exhibit his or her license at all times.

§ 103-7 Enforcement.

It shall be the duty of the Code Enforcement Officer of the Town of Concord to require any person seen doing business as a transient merchant, itinerant merchant, itinerant vendor, food vendor, ice cream vendor, solicitor or canvasser and who is not known by such officer to be duly licensed to produce his or her license, and it shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter against any person found to be violating the same.

§ 103-8 Exemptions.

The following shall be exempt from the provisions of this chapter:

Any person delivering newspapers, fuel, dairy products, vegetables or bakery goods to regular customers on established routes.

Any person selling goods to retail or wholesale stores for resale.

Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.

Any incorporated agricultural society during the continuance of any annual fair held by such society.

Any general sale, fair, auction or bazaar held or sponsored by a local ecclesiastical society or church corporation.

Any local charitable organization, local veterans organization or local service organization conducting such business by its own membership or in conjunction with other similar organizations.

Any general sale conducted by local students with prior authorization of the Concord Town Board.

Any tag sales or garage sales on local premises devoted to residential use or nonprofit organization.

Any local charitable organizations, local ecclesiastical societies or church corporations, local veterans organizations, local service organizations and other similar local organizations soliciting or canvassing door-to-door for contributions.

Any person selling produce grown by that person on his or her premises.

Any permanent merchant selling the same goods in front of his or her established place of business, provided that said permanent merchant complies with all other state statutes and Town ordinances, i.e., sidewalk sales.

Any person selling agricultural goods at a regularly scheduled farmers market.

Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.

§ 103-9 Revocation of permits and licenses; hearing.

Permits and licenses issued under the provisions of chapter may be revoked by the Town of Concord for any of the following causes:

(1)

Fraud, misrepresentation or false statement contained in the application for license.

(2)

Fraud, misrepresentation or false statement made in the course of carrying on said business.

(3)

Any violation of this chapter.

(4)

Conviction of any crime or misdemeanor involving moral turpitude.

(5)

Conducting said business in an unlawful manner or in such manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the public.

Upon a written complaint's being filed with the Code Enforcement Officer alleging any of the items listed in Subsection A(1) through (5) above, the Town Board shall hold a hearing within 14 days to determine if said permit and license shall be revoked. The Town Board shall notify the individual, at least 48 hours prior to the hearing date, of the time and place set for the hearing, such notice to be sent to the address given by the individual on his or her application or to be served personally on the individual, appraising the individual of the charges against him or her.

§ 103-10 Hours.

No food vendor, ice cream vendor, itinerant vendor, itinerant merchant, transient merchant, solicitor or canvasser as defined in § 103-1 shall solicit, canvass or sell door-to-door in a residential neighborhood within the Town of Concord before the hour of 9:00 a.m. or after the hour of 7:00 p.m. daylight saving time (DST) or after the hour of 5:00 p.m. Eastern standard time (EST), whichever is applicable.

No food vendor, itinerant vendor, itinerant merchant, transient merchant, solicitor or canvasser shall sell or attempt to sell, solicit or canvass from any vehicle in a residential neighborhood before the hour of 9:00 a.m. or after the hour of 7:00 p.m. daylight saving time (DST) or after the hour of 5:00 p.m. Eastern standard time (EST), whichever is applicable.

No ice cream vendor shall sell or attempt to sell from any vehicle in a residential neighborhood before the hour of 9:00 a.m. or after the hour of 9:00 p.m.

No food vendor, ice cream vendor, itinerant vendor, itinerant merchant, transient merchant, solicitor or canvasser shall sell, attempt to sell, solicit or canvass in any nonresidential area of the Town at such time as would cause public annoyance or disturbance of residents within their homes.

Upon complaint being received by the Code Enforcement Officer of a violation of Subsections A through D above, said vendor, after an investigation of said complaint, if a violation is found, shall be issued a warning. Upon the receipt of three such warnings within the license period, a hearing shall be held in accordance with the provisions of § 103-9B of this chapter.

Upon a finding that the violations did occur, the Town Board may revoke said license.

§ 103-11 Penalties for offenses.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $250 for each violation deemed a separate offense or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.