[HISTORY: Adopted by the Town Board of the Town of Webster 4-13-1956. Amendments noted where applicable.]
This chapter shall be known as the "Webster Peddler's License Ordinance."
The purpose of this chapter shall be to preserve the public peace and good order in the Town of Webster and to contribute to the peace, welfare and good order of its people by licensing the occupation of peddler as herein defined and thereby identifying and regulating the conduct of persons engaged in the same.
As used in this chapter, the following terms shall have the meanings indicated:
- The occupation of "huckster" shall be construed to cover the act of selling or offering for sale in public streets or public places in the Town of Webster or selling or offering for sale by going from house to house, store to store or place of business to place of business meats, fish, vegetables, fruits, garden truck, farm products or provisions not raised or grown by the person selling or offering the same for sale.
- The occupation of "peddler" shall be construed to cover the act of
selling or offering for sale in the public streets or public places in the
Town of Webster or selling or offering for sale by going from house to house,
store to store or place of business to place of business goods, merchandise
or services other than those specified in the definitions of "huckster" and
- SOLICITORS OR PLACE-TO-PLACE SALESMEN
- The occupation of "solicitor" or "place-to-place salesmen" shall
be construed to cover the act of selling or offering for sale by going from
house to house, store to store or place of business to place of business goods,
wares, merchandise or services, or soliciting or offering to solicit or attempting
to solicit magazines or book subscriptions, orders or contracts for the purchase
or lease of any goods, wares, merchandise or services.[Amended 4-12-1957]
It shall be hereafter unlawful for any person, firm, association or corporation to carry on any occupation as defined in § 159-3 hereof without having obtained the license prescribed by this chapter.
All licenses pursuant to this chapter shall be issued for a period of not to exceed one year and shall, in any event, expire on the 31st day of December following the date of its issuance.
All licenses pursuant to this chapter shall be issued by the Town Clerk, who shall keep an accurate and permanent record of the name, address and occupation of the licensee, the date of issuance and expiration of the license.
A license may be refused to the applicant if he shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the occupation of peddling, soliciting or huckstering. The Town Clerk may also refuse a license to any person who, in his or her judgment, shall be an undesirable person or unable to properly conduct the soliciting, huckstering or peddling within the Town of Webster.
Any applicant who has been refused a license by the Town Clerk may apply to the Town Board therefor, and the same may be granted or refused by the Board.
The Town Clerk may conduct an investigation into any of the above matters to enable him or her to determine the advisability of issuing a peddler's license to the applicant, and said Town Clerk shall have a minimum period of two weeks to conduct said investigation. The issuance of the license shall be delayed for such period of two weeks and for a longer period of time, if necessary, to complete said investigation.
A license shall be secured by every peddler, huckster and solicitor or place-to-place salesman from the Town Clerk, as follows:
For each motor or horse-drawn vehicle used by any of the foregoing in any such business within the Town of Webster.
For each pushcart or handcart used by any of the foregoing for such business within the Town of Webster.
All licensees hereunder shall comply with the following regulations:
Each of such licensees shall carry upon his person at all times the license issued to him by the Town Clerk and shall produce such license and exhibit the same at any time to any person who demands an inspection thereof.
In the event that the town shall issue a metal sign to be used on vehicles used by any of the foregoing licensees, such metal sign, bearing the year of its issuance and its license number and the name of the business, shall be fastened in a conspicuous place on every vehicle used in such business.
None of the foregoing licensees shall use any of the public streets or public places within the Town of Webster as standing places for their vehicles, handcarts or pushcarts, for the conduct of their business.
Such licensees shall not cry out or make loud noises in any public place or public street for the purpose of selling of any merchandise.
None of such licensees shall falsely or fraudulently misrepresent the quality, quantity or character of any products or services offered for sale or hire.
Nothing in this chapter shall be construed so as to prevent any person having an established place for the transaction of business within said town from soliciting orders in such line of business from customers and filling the same, nor so as to prevent the sale or inspection of milk, baked goods, ice or sale or delivery of newspapers by newspaper carrier boys, and such articles which are governed by the provisions of the statutes of the State of New York and the Health Ordinance of the Town of Webster.
Any license issued hereunder may be revoked by the Town Board after a hearing on five days' notice to the licensee, upon proof that such licensee has violated any of the regulations of this chapter.
No person duly licensed pursuant to § 32 of the General Business Law of the State of New York shall be required to secure a license hereunder, but shall comply with all the regulations hereof.
A violation of this chapter shall be punishable by a fine not exceeding $100 or by imprisonment not exceeding 25 days, or by both such fine and imprisonment. Each day that such violation continues shall be deemed to be a separate offense.