[HISTORY: Adopted by the Town Board of the
Town of Malta 4-5-1988 by Ord.
No. 2-1988 Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 newspapers
or milk, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from any boat or car or on a railroad
track or in any 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, sells or barters, offers for sale or barter or carries
or exposes for sale or barter any goods, wares or merchandise, except
milk or newspapers.
A.
Generally.
(1)
Nothing in this chapter shall apply to sales conducted
pursuant to statute or by order of any court or to any person selling
personal property at wholesale to dealers in such chapter. The licensing
provisions of this chapter shall not apply to:
(2)
This chapter shall not be construed to prevent route
salesmen or other persons having established customers to solicit
a request for future periodic route deliveries.
B.
This chapter shall not apply to solicitations by charitable,
religious or civic organizations, including Fire Departments and ambulance
corps,* which have or maintain a regular place of worship, chapter,
lodge, troop or other regular meeting place within the Town of Malta
or a town contiguous to the Town of Malta. (*NOTE: Charitable, religious
or civic organizations, including Fire Departments and ambulance corps,
not described above shall be exempt from license fees but shall be
required to obtain a license.)
C.
Nothing herein shall be construed to require any person,
political organization, religious organization, or not-for profit
organization from disseminating information or seeking contributions
(provided they do not involve sales of goods or services) to first
obtain a license or pay a fee.
[Added 4-7-2003 by L.L. No. 1-2003;
amended 8-27-2003 by L.L. No. 4-2003]
It shall be unlawful for any person within the
corporate limits of the Town of Malta to act as a vendor, hawker,
peddler or solicitor, as herein defined, without first having obtained
and paid for and having in force and effect a license therefor.
Any person desiring to procure a license as
herein provided shall file with the Town Clerk a written application
upon a form furnished by the Town Clerk and shall file at the same
time satisfactory proof of good character.
A.
Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
The name and address of the person, firm or corporation
he represents.
(6)
The length of time the applicant desires the license.
(7)
Such other information as may be required by the Town
Clerk.
B.
Such application shall be accompanied by:
(1)
A certificate from the Sealer of Weights and Measures
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved.
(2)
A letter or authorization from the person, firm or
corporation which the applicant purports to represent.
(3)
Two photographs [two by two (2 x 2) inches] clearly
showing the head and shoulders of applicant, one of which shall be
attached to the license and the other of which shall be retained by
the Town Clerk.
C.
An application for a license as a solicitor who demands,
accepts or receives payment of deposit of money in advance of final
delivery shall also be accompanied by a bond to the Town of Malta,
approved as to form surety by the attorney employed by the Town Board
in the sum of $5,000, with a sufficient surety or sureties or sufficient
collateral security, conditioned for making a final delivery of the
goods, wares or merchandise ordered for services to be performed in
accordance with the terms of such order or failing therein, that the
advance payment on such order be refunded. Any person aggrieved by
the action of any licensed solicitor shall have the right by action
on the bond for the recovery of money or damages, or both. Such bond
shall remain in full force and effect, and in case of a cash deposit,
such deposit shall be retained by the Town of Malta for a period of
90 days after the expiration of any such license, unless sooner released
by the Town Board.
[Amended 5-1-1995 by L.L. No. 2-1995]
Upon filing of the application, bond and certificate 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 § 119-3 signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who used such license granted to any other person shall each be guilty of a violation of this chapter. Whenever a license shall be lost or destroyed on the part of the holder of his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Town Clerk upon filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order which they are issued, and shall state clearly the kind of vehicle to be used, the kinds of goods, wares and merchandise to be sold or service to be rendered, the number of his license, the date of issuance and expiration of the license fee paid and the name and address of the licensee. Such license shall automatically expire on January 1 following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 18 years of age. 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 no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
[Amended 5-1-1995 by L.L. No. 2-1995; 11-3-2010 by L.L. No.
9-2010]
Every vehicle used by a licensed vendor, hawker,
peddler or solicitor in or about his business shall have the name
and address of the licensee plainly, distinctly and legibly painted
in letters and figures at least two inches in length in a conspicuous
place on the outside of each side of every such vehicle, and such
name shall be kept so painted plainly and distinctly at all times
while such vehicle is in use during the continuance of the license.
The Town Clerk may, at any time, for a violation
of this chapter or any other ordinance or any law revoke any license.
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 or reasons therefor, in writing, shall be served by the Town
Clerk or her designee upon the person named in the application or
by mailing the same to the address given in the application.
A licensed vendor, hawker, peddler or solicitor
shall:
A.
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for
sale any unwholesome, tainted or diseased provisions of merchandise.
B.
Not use the license provided by the Town after the
expiration or revocation of the license represented by them.
C.
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.
D.
Not blow or horn, ring a bell or use any other noisy
device to attract public attention to his wares or shout or cry out
his wares.
E.
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 of or lessee
of the ground floor thereof objects.
F.
Not sell any confectionery or ice cream within 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
H.
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.
I.
Not hawk, peddle, vend or solicit orders for goods,
wares or merchandise door to door before 10:00 a.m. or after 9:00
p.m.
J.
Not hawk, peddle, vend or solicit orders for goods,
wares or merchandise on private property without having obtained the
prior written consent of the owner(s) thereof and without having presented
such written consent to the Town Clerk, and shall carry such written
permission on his person at all times and exhibit it upon the demand
of any person or law enforcement officer.
K.
Behave in an orderly and peaceful manner.
L.
Immediately depart the premises of a householder,
owner or occupant upon being requested to do so.
M.
Not remain stopped or standing at any one place for
a period of time in excess of four hours within any twenty-four-hour
period.
N.
Not hawk, peddle, vend or solicit in any area of the
Town officially designated as a Historical District.
[Added 8-1-1998 by Ord. No. 7-1998]
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit any 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 is paid to the solicitor.
It shall be the duty of the Town Clerk to keep
a record of all the applications and of all licenses granted under
the provisions of this chapter giving the number and date of each
license, the name and residence of the person licensed, the amount
of license fee paid and the date of revocation of all licenses revoked.
[Amended 5-1-1995 by L.L. No. 2-1995]
Any person who himself or by his clerk, agent
or employee shall act as a vendor, 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 vendor, hawker, peddler or solicitor shall
be liable to a penalty of not more than $250 or a term of imprisonment
for up to 15 days, or both, and each day on which such violation continues
shall constitute a separate offense.
[Added 1-2-1996 by L.L. No. 1-1996]
It shall be the duty of any police officer,
Building Inspector, Town Constable and peace officer of the Town of
Malta to require any person seen soliciting and who is not known by
such officer to be duly licensed to produce his license and to enforce
the provisions of this chapter against any person found to be violating
the same.
