[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985 as Ch. 51 of the 1985 Code. Amendments noted where applicable.]
Noise — See Ch. 166.
Pursuant to authority conferred by Article 9 of the Town Law, and for the purpose of promoting the health, safety, morals and general welfare of the community, and the peace and good order thereof, the Town Board of the Town of Cheektowaga has ordained and hereby does enact the following chapter regulating soliciting, hawking and peddling in the Town of Cheektowaga, outside the corporate limits of the Villages of Sloan and Depew.
For the purpose of this chapter, certain words used herein are defined as follows:
- Includes, except as hereinafter expressly provided, any person, whether
a resident of the Town of Cheektowaga or not, not having been requested or
invited to do so by the owner or owners, occupant or occupants, traveling
by foot, wagon, automotive vehicle or any other type of conveyance from place
to place, from house to house or from street to street, carrying, conveying
or transporting goods, wares, merchandise, magazines, periodicals, meat, fish,
vegetables, fruits, garden truck farm products or provisions, offering and
exposing the same for sale, or making sales and delivering articles to purchasers,
or delivering advertising matter or so-called handbills, or who offer services,
or who, without traveling from place to place, shall sell or offer the same
for sale, from wagon, automotive vehicle, railroad car or other vehicle or
conveyance; and further provided that one who solicits orders as a separate
transaction and who makes deliveries to purchasers shall be deemed a "peddler"
subject to the provisions of this chapter. The word "peddler" shall include
the words "hawker" and "huckster." The word "peddler" shall also include a
person or corporation conducting transient business, as that term is defined
in § 85-a of the General Municipal Law, within the Town of Cheektowaga.[Amended 11-18-1991]
- One or more person of either sex, natural persons, corporations, partnerships, firms, associations, joint-stock companies, clubs, societies and all other entities of any kind.
It shall be unlawful for any person to engage in the business of peddler, as defined in § 179-2, within the Town of Cheektowaga, outside of the corporate limits of the Villages of Sloan and Depew, without first obtaining a permit as provided herein. It shall also be unlawful for an applicant to obtain a permit through fraud, misrepresentation or false statement on his application. It shall also be unlawful for a licensee to commit fraud, make misrepresentations or false statements in the course of carrying on his business as peddler.
Applicants for a license under this chapter must file with the Town Clerk a sworn application, in duplicate, on a form to be furnished by the Town Clerk, which shall give the following information and such other information as the Town Clerk may deem pertinent:
The name and description of the applicant setting forth the applicant's age, height, weight and color of hair and eyes.
The address of the applicant.
A brief description of the nature of the business, and the kind of goods or services to be peddled.
A statement as to whether or not the applicant has ever been convicted of any crime or misdemeanor or any violations of any municipal ordinance, the nature of the offense and the punishment or penalty therefor.
Two photographs of the applicant, taken not more than 60 days prior to the date of filing of the application, which pictures shall be two by two inches showing the head and shoulders of the applicant in a clear distinguishing manner.
A statement that the applicant is a citizen of the United States and whether citizenship was obtained by birth or naturalization. If by naturalization, the date and place where obtained shall be stated.
If employed by the owner of a licensed vehicle, the name and address of such employer, together with credentials establishing the exact relationship. If the applicant is a company, each employee must obtain a permit.
A statement as to the period during which the applicant intends to peddle and, if applicable, the address(es) or location(s) from which the applicant intends to peddle and the name(s) and address(es) of the owner(s) of such property. If the applicant proposes to operate from an established location and the property is not owned by the applicant, the written consent of the owner to such hawking and peddling by the applicant must be attached to the application.
If the application should disclose that the applicant has been convicted of a felony or if the application should disclose the applicant to have been convicted of a misdemeanor, which misdemeanor, in the judgment of the Town Clerk, renders the applicant unfit or undesirable, the Town Clerk shall notify the applicant that his application is disapproved, and no permit will be issued on said application.
The Town Clerk may refuse to issue a license to a person who, in the judgment of the Town Clerk, is an undesirable person or incapable of properly conducting himself as a peddler.
If the application discloses that the applicant has not been convicted of a felony or a misdemeanor as defined above and if the Town Clerk does not determine the applicant to be an undesirable person or persons or incapable of properly conducting himself as a peddler, upon approval by the Town Clerk and the payment of the prescribed fee by the applicant, the Town Clerk shall prepare and deliver to the applicant his permit. Such permit shall contain the Seal of the town and the signature of the issuing officer and shall show the name, address and photograph of the licensee, the kind of goods to be peddled thereunder, the fee paid, the permit number, the date of issuance and the date of expiration of such permit. Such permit shall state that the issuance of the same does not constitute an endorsement of the product.
The Town Clerk shall keep a record of all permits issued.
No permit shall be issued to a person under 18 years of age.
The fee for each person proposing to peddle, whether on foot, from a vehicle or otherwise, shall be $100.
The fee herein provided for shall be assessed on a six-month basis, but any such permit may be renewed for additional six-month periods upon payment of additional fees. There shall be no prorating of or reduction in fees for fractional periods of a six-month period.
The permit shall be revoked automatically upon conviction of a violation of any of the provisions hereof.
Every peddler licensed under this chapter shall have his permit in his immediate possession at all times when peddling and shall display the same upon demand by any person.
No permit issued herein may be transferred from one person to another.
The following solicitations and persons are exempted from obtaining a permit.
Solicitations or distributions for charitable, religious, political or municipal organizations or other nonprofit groups which are not for pecuniary benefit and no part of the earnings of which inure to the benefit of any individual.
The peddling of meats, fish, fruit and farm products by farmers and persons who produce such commodities.
Honorably discharged veterans of the Armed Forces of the United States who have obtained a veteran's license pursuant to § 32 of the General Business Law.
Persons maintaining a regular delivery route in the Town of Cheektowaga.
A person or persons licensed by the State of New York to conduct the specific business or businesses to which the provisions of this chapter would otherwise be applicable.
Commercial salesmen or deliverymen calling exclusively upon retail or wholesale establishments or other business firms within the Town of Cheektowaga.
Representatives of the United States government or any political subdivisions thereof, acting in the carrying out of their regular duties.
It shall be the duty of any police officer of the Town of Cheektowaga to require any person seen peddling and who is not known by such police officer to be duly licensed, to produce his peddler's permit, and to enforce the provisions of this chapter against any person found to be violating the same.
Any person violating any provisions of this chapter shall be guilty of an offense punishable as follows: by imprisonment for a term not exceeding 30 days or by a fine not exceeding $50, or by both. Each and every day upon which said person shall continue to violate any of the provisions of this chapter shall constitute a separate and distinct offense hereunder.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.
Prior ordinances or parts thereof which are inconsistent herewith are hereby repealed.
This chapter shall become effective 10 days after publishing and posting as required by statute.