Town of North Salem, NY Peddling and Soliciting

This chapter shall be known and may be cited as the "Peddling and Soliciting Law, Local Law No. 5, 1985, of the Town of North Salem, Westchester County, New York." It is enacted to preserve the peace, health, safety, welfare and order of the Town and its inhabitants.

§ 167-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ESTABLISHED PLACE OF BUSINESS

A building or store in which or where a person transacts business and deals in goods, wares and merchandise on a regular, continuing and ongoing basis.

PEDDLER

Any person who, in any public street or public place or by going from house to house or from place of business to place of business, on foot or from any vehicle, sells or barters or offers for sale or barter or carries or displays for sale or barter any goods, wares or merchandise.

PERSON

Is singular and shall apply to the individual who is actually going to do or is doing the peddling or soliciting.

SOLICITOR

Any person, either principal or agent, traveling either by foot or by any conveyance from place to place, from house to house, from street to street or from place of business to place of business, who takes or offers to take orders for the sale of any goods, wares or merchandise, including books or periodicals, for future delivery or for the performance of future services, whether or not he collects advance payments for such sale or service.

§ 167-3 Peddler's license required; exemptions.

It shall be unlawful for any person to engage in the business of peddler, as defined in § 167-2 of this chapter, within the Town of North Salem without having first duly obtained and having in force a license therefor as herein provided.

Nothing contained in this chapter shall be deemed to apply to any of the following:

(1)

A sale conducted pursuant to order of any court.

(2)

A sale of personal property at wholesale to a retail dealer in such personal property having an established place of business in the Town of North Salem.

(3)

A sale made by a person who has or represents an established place of business within the County of Westchester, provided that such sale results from an order given through a deliveryman according to the usual custom.

(4)

The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities on their own land, provided that they have otherwise complied with any licensing and health and safety requirements of any other competent governmental body or agency and the sale takes place from a stationary location upon property owned or leased by the seller.

Provided that such person has completed the application for a license and has met all other requirements as set forth in this chapter, there shall be no fee for such license for an honorably discharged member of the Armed Forces of the United States who is the holder of a license issued pursuant to § 32 of the General Business Law of the State of New York.

§ 167-4 Solicitor's license required; exemptions.

It shall be unlawful for any person to engage in the business of solicitor, as defined in § 167-2 of this chapter, within the Town of North Salem without having first duly obtained and having in force a license therefor as herein provided.

Dealers and solicitors.

(1)

Nothing in this chapter shall be deemed to apply to any of the following:

(a)

Any person acting as a dealer in heating and cooking fuel and newspapers.

(b)

Any person soliciting or collecting for any bona fide charitable, religious or political organization; provided, however, that such organization shall have otherwise been certified or otherwise been duly qualified as required by law or by any competent governmental body or agency and met the requirements therefor of the Town of North Salem.

(2)

Provided that such person has completed the application for a license and has met all other requirements as set forth in this chapter, there shall be no fee other than the fingerprint processing charge for an honorable discharged member of the Armed Forces of the United States who is the holder of a license issued pursuant to § 32 of the General Business Law of the State of New York.

§ 167-5 Application for license.

Any person desiring a license as herein provided shall file with the Town Clerk a written application therefor duly verified by the applicant upon blank forms provided by the Town Clerk. A license may be taken out only by such person and not in the name of a firm, corporation, association, club, etc. Such application shall include but not be limited to the following information:

(1)

The name of the applicant and certifiable proof of age as 18 years of age or older.

[Amended 7-27-1993 by L.L. No. 3-1993]

(2)

The permanent home residence and the address of his current place of sojourn if different from his home address.

(3)

The name and address of all entities whose products he intends to sell or for which he intends to solicit orders.

(4)

An itemized statement of all property or services to be sold or offered for sale.

(5)

All municipalities (name and state) in which the applicant has carried on the business of hawking, selling or soliciting orders during the six months immediately preceding the application.

(6)

A statement of the name, address and telephone number of any person and of any corporation supervising the applicant's local selling activities under contractual or employment arrangement.

(7)

Copies of all forms of order and of receipt used by the applicant in soliciting sales or orders.

(8)

An enumeration of 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.

(9)

The names and addresses of all partners of a partnership and the names and addresses of the principal officers if a corporation.

(10)

The name and address of a person upon whom a legal notice may be served.

(11)

Appended to the application, a letter of authorization from each entity supplying any property or services to be sold or for which orders are to be solicited by the applicant.

(12)

A statement to the effect that, if a permit is granted, it will not be used or represented in any way as an endorsement by the Town of North Salem or by any department or officer thereof.

(13)

If the applicant is a nonprofit corporation of the State of New York, a certified copy of its certificate of incorporation, together with any amendments or supplements thereto.

Such application shall be accompanied by satisfactory proof of the good character of the applicant, including notarized references by at least two adults attesting to the good moral character and business responsibility of the applicant. Such application shall also be accompanied by three photographs, two inches by two inches in size, taken within 30 days prior to the date of filing of the application, full face on a white background.

§ 167-6 Investigation of applicants.

When the application is properly completed and signed by the applicant, the original and duplicate thereof shall be filed with the Clerk, and the Clerk shall refer the original to the Chief of Police, who shall make or cause to be made within five days such investigation of the applicant's business responsibility and character as he deems necessary for the protection of the public good.

If, as a result of such an investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and shall return said application to the Clerk. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:

(1)

Conviction of a crime involving moral turpitude.

(2)

A prior violation of a peddling or soliciting ordinance or law.

(3)

Previous fraudulent acts or conduct.

(4)

A record of breaches of solicited contracts.[1]

[1]

Editor's Note: Former Subsection 5, which immediately followed this subsection and regarded concrete evidence of bad character, was repealed 7-27-1993 by L.L. No. 3-1993.

In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his approval on the application and shall return the application to the Clerk.

§ 167-7 Issuance and denial of license.

If an application is found unsatisfactory by the Chief of Police and he has endorsed his disapproval upon the application, the Clerk shall notify the applicant, by certified mail, that the application is disapproved and shall deny the applicant a license.

Upon receipt of the fee, application and report of the Police Chief's investigation and upon compliance with all the requirements of this chapter, the Town Clerk shall issue a license to the applicant.

§ 167-8 Terms and conditions of license.

The license shall automatically expire on January 1 following the date of its issuance. The dates of issuance and expiration of the license as well as the purpose for which it has been issued shall be set forth on the face thereof.

The license shall be carried on the person of the licensee at all times while being exercised and shall be exhibited by the licensee to any person on demand. A picture of the applicant shall appear on the valid license with the Town Seal imprinted on the same.

The license shall not be transferable or assignable. In the event that a licensee shall permit any person other than the licensee to possess or use such license, such license shall automatically be revoked, and the licensee shall thereby be guilty of violating this chapter, and no application for a further license may be made for a period of one year from the date of revocation.

The license is good only for the purposes stated thereon, and a change of product being sold or offered for sale without written consent from the Town Clerk shall constitute cause for revocation of the license, and the licensee shall thereby be guilty of violating this chapter, and no application for a further license may be made for a period of one year from the date of revocation.

§ 167-9 Fees.

[Amended 7-27-1993 by L.L. No. 3-1993]

The application fee for such a license shall be in accordance with the Standard Schedule of Fees of the Town of North Salem.[1]

[1]

Editor's Note: See Ch. 85, Fees.

§ 167-10 Bond required.

Prior to the issuance of any license, the applicant shall file with the Town Clerk a bond running to the Town in the amount of $2,500 with good and sufficient surety, in such form as shall be approved by the Town Attorney. Said bond shall remain in force for the term of the license and shall be conditioned to indemnify and pay the Town for any penalties or costs incurred in the enforcement of any of the provisions of this chapter and to indemnify or reimburse any purchaser of personal property from the holder of the license in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or said licensee's agents, servants or employees either at the time of making the sale or through any advertisements printed or circulated with reference to such personal property or any parts thereof.

The aforesaid bond shall be declared forfeited upon proof of:

(1)

Falsification in the application for a license.

(2)

Violation of any of the provisions of this chapter by the applicant or his agents, servants or employees.

The Town Board may, by resolution, exempt persons from the bond and fee requirements, provided that the applicant satisfies the Board that the nature of his activity does not jeopardize the position of the Town or the protection given herein to the residents.

The applicant shall also be required to submit proof of liability insurance coverage:

(1)

The insurance shall be in an amount satisfactory to the Town Clerk.

(2)

Proof of premium payment for a period at least equal to the term of the license shall be submitted to the Town Clerk.

(3)

The applicant shall authorize his insurance carrier to notify the Town of any cancellation of such insurance.

§ 167-11 Appeals.

Any person aggrieved by the action of the Chief of Police or of the Town Clerk in the denial of a license shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 167-13B of this chapter for notice of hearing on revocation. The decision of the Town Board on such appeal shall be final and conclusive.

§ 167-12 Restrictions on peddlers and solicitors.

Licensed peddlers or solicitors shall not:

(1)

Enter upon private or public property for the purpose of soliciting or peddling before the hour of 10:00 a.m. or after the hour of 7:00 p.m. on any day.

(2)

Resort to deceptive acts or practices, physical abuse, threats, intimidation or harassment in the course of conducting business or offer for sale any provision, food or merchandise that is unwholesome, unfit or is otherwise harmful to the user or consumer thereof.[1]

[1]

Editor's Note: Former Subsection 3, which immediately followed this subsection, was repealed 7-27-1993 by L.L. No. 3-1993.

(3)

Peddle or solicit on private or public property which has displayed a sign bearing the words "No Peddling or Soliciting" or words of like intent, nor shall any licensee remain on the premises after the owner or occupant thereof shall have requested his departure therefrom.

(4)

Create, erect or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public or private property for the selling or exposing for sale any goods, wares or merchandise.

(5)

Have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public. For the purpose of this chapter, the judgment of any police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(6)

Cry his or her wares or make use of any horn or bell or make any other loud noise with the intent to call attention to his or her wares.

[Amended 7-27-1993 by L.L. No. 3-1993]

Such license shall include the right to use only one vehicle or conveyance in carrying out the business for which the person is licensed.

Such license shall not be construed so as to supersede any other applicable ordinances.

All orders taken by a licensed solicitor or peddler for which he or she demands, accepts or receives 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 or peddler. Such orders can be taken only in compliance with applicable state law, federal law and Federal Trade Commission rulings, and nothing herein shall be taken to waive such restrictions.

No license may be issued to any person under 18 years of age.

§ 167-13 Revocation of license.

Licenses issued under the provisions of this chapter may be revoked by the Town Board after notice and hearing for any of the following causes:

(1)

Fraud, misrepresentation or a materially incorrect statement contained in the application for a license.

(2)

Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on the business of solicitor, peddler, distributor or transient merchant.

(3)

Any violation of this chapter.

(4)

Conviction of any crime, misdemeanor or violation.

(5)

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

A notice of the hearing for the revocation of a license shall be given by the Town Clerk, in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the holder of the license at the address given on the application at least five days prior to the date set for the hearing or shall be delivered by an agent of the Town in the same manner as a summons at least three days prior to the date set for the hearing.

§ 167-14 Recordkeeping.

The Town Clerk shall keep an accurate record of all licenses issued under this chapter.

§ 167-15 Penalties for offenses.

[Amended 7-27-1993 by L.L. No. 3-1993]

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

§ 167-16 Do Not Knock registry.

[Added 9-23-2014 by L.L. No. 6-2014]

Any owner or occupant of property located in the Town who wishes to prohibit soliciting on the premises shall complete a form available in the Town Clerk's office and on the Town's website. The completion of the form will allow the owner/occupant's premises to be included on a list of properties that do not permit solicitation (herein referred to as the "Do Not Knock registry" or "registry").

In order to be removed from the registry, the owner and/or occupant must complete a form indicating that he/she does not want his/her property to be included on the registry.

All solicitors shall obtain the current Do Not Knock registry at the time of issuance of a permit or at the time of registration to solicit pursuant to the provisions of this chapter.

Solicitors shall not solicit at any premises identified on the then-current Do Not Knock registry.

It shall be the responsibility of the solicitor to obtain updated copies of the registry.

Activities related to a service requested by the owner or occupant of the property and undertaken in the ordinary course of business, including but not limited to deliveries of utility notices, telephone directory deliveries, regular newspaper deliveries, work order notices and service inquiries, are presumed to be requested or invited for the purpose of this section.

Nothing in this section shall be construed to prohibit the distribution of leaflets, pamphlets or other literature, such as commercial, political or religious material, distributed in a lawful manner.

Severability. If any part of this section shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder thereof.