[HISTORY: Adopted by the Town Board of the Town of Milton 6-6-1984.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- PERSON
- 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.
- SOLICITOR
- Includes any person who goes from place to place or house to house or who stands in any street or public place or place generally accessible to the public 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 of thing whatsoever for future delivery.
- VENDOR, HAWKER AND PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car or on a railroad tract or in any public street or public place or place generally accessible to the public 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.
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 articles or to any persons selling
personal property from their home if these sales do not exceed more than six
days per year.
B.
The licensing provisions of this chapter shall not apply
to merchants having an established place of business within the Town of Milton
or their employees conducting the business of their employer; to resident
farmers and truck gardeners who themselves or through their employees vend,
sell or dispose of the products of their own farms or gardens; to party plans;
to calls in response to a prior invitation; or to established religious, charitable
or civic organizations established in the Town.
C.
This chapter shall not be construed to prevent route
salesmen or other persons having established customers to whom they make periodic
deliveries from calling upon such customers or from making calls upon prospective
customers to solicit a request for future periodic route deliveries.
D.
This chapter shall not apply to children under the age
of 14, nor to children selling or soliciting for school functions.
E.
This chapter shall not apply to any veteran of any military
service who resides in the Town of Milton, provided that said party registers
with the Town Clerk of the Town of Milton prior to any effort to vend, hawk
or peddle in said Town and further provided that no such registry shall result
in the payment of any fee by said person.
[Added 10-15-1986]
[Amended 3-19-1997 by L.L. No. 5-1997]
It shall be unlawful for any person within the corporate limits of the
Town of Milton 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. The fee for said license shall be as set from time
to time by resolution of the Town Board and shall be on file in the Town offices.
A.
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. Such application shall give the number and kind and registration
of vehicle to be used by the applicant in carrying on the business for which
the license is desired, the kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform, the method of distribution,
the name, address and age of the applicant, the name and address of the person,
firm or corporation he represents, the length of time the applicant desires
the license and such other information as may be required by the Town Clerk.
B.
Such application shall be accompanied by 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.
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 Milton, approved as to
form and surety by the Attorney employed by the Town Board, in the minimum
sum of $1,000, with a sufficient surety or sureties, or sufficient collateral
security, conditioned for making a final delivery of the goods, wares or merchandise
ordered or services to be performed in accordance with the terms of such order
or, failing therein, that the advance payment on such order be refunded. If
advanced payments will commonly be larger than $1,000, the Town Board will
determine the amount of the bond, to be approved by Town Attorney. Any person
aggrieved by the action of any licensed solicitor shall have 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 Milton for a period 90 days after the expiration
of any such license, unless sooner released by the Town Board.
[Amended 3-19-1997 by L.L. No. 5-1997]
A.
Upon filing of the application, bond and certificate as provided in § 129-4, the Town Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 129-3 and 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.
B.
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 uses
such license granted to any other person shall each be guilty of a violation
of this chapter.
C.
Whenever a license shall be lost or destroyed on the
part of the holder or his agent or employee, a duplicate in lieu thereof,
under the original application and bond, may be issued by the Town Clerk upon
the 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. The fee
for such replacement license may be set from time to time by resolution of
the Town Board and shall be on file in the Town offices.
[Amended 3-19-1997 by L.L. No. 5-1997]
D.
All licenses shall be issued from a properly bound book
with proper reference stubs kept for that purpose, numbered in the order in
which they are issued and state clearly the kind of vehicle to be used, the
kind 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,
the fee paid and the name and address of the licensee.
E.
Such licenses shall automatically expire on January 1
following the date of issuance of such licenses, but such licenses 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.
F.
No license shall be granted to a person under 14 years
of age.
G.
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 3-19-1997 by L.L. No. 5-1997]
The license fees shall be as set from time to time by resolution of
the Town Board and shall be on file in the Town offices. If the licensee shall
have more than one person to whom or vehicle for which he desires a license
issued, there shall be an additional fee for each license so issued as set
from time to time by resolution of the Town Board and shall be on file in
the Town offices. An application for license for the calendar year must be
received by the Town Clerk by January 1 of that year. No license shall be
issued for less than a calendar-year fee.
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 displayed in letters and figures at least two inches
in length in a conspicuous place on the outside of the left and right side
of every such vehicle, and such name shall be kept so displayed plainly and
distinctly as all times while such vehicle is in use during the continuance
of the license.
The Town Board 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 or 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 Board 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 or 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 him.
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 a horn, ring a bell or use any other noisy devise
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 wares within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
G.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
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 stand in any public street to hawk his wares.
J.
Not state or imply that the issuance of the license in
any way represents approval, endorsement or guaranty by any part of the government
of the Town of Milton.
[Amended 3-19-1997 by L.L. No. 5-1997]
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 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 fine of not more than $250 or a term of imprisonment
not exceeding 15 days, or both, for each offense.
