[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 1-12-1999. (This ordinance also superseded former Ch. 153, Peddling and Soliciting, adopted 3-25-1969 as Ch. 27 of the 1969 Code.) Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any association of individuals, partnerships, firms, corporations, societies or any other organization.
- FIXED PLACE OF BUSINESS
- A permanent building, store or depository in which or where the person transacts business and deals in goods, wares, merchandise or services in the ordinary and regular course of business.
- To go from house to house, from store to store, from place to place or from street to street, or to deal out distribute or dispense, to sell and make immediate delivery or to offer for sale and deliver any goods, wares, merchandise or provisions, including books or periodicals, in possession of the seller or any combination thereof at any place within the Town of Mount Pleasant other than from a fixed place of business.
- Includes any individual, firm, partnership, corporation, unincorporated association and any principal or agent thereof. The words "peddler," "hawker" and "huckster" are considered synonymous terms. For the purposes of this chapter, the entity which engages a person as its agent for the purposes of peddling or soliciting is also considered a peddler within the meaning of this section and is subject to all provisions herein.
- Includes any individual, firm, partnership, corporation, unincorporated association and any principal or agent thereof.
- PUBLIC PLACE
- Any street, sidewalk, alley or other public way and public park, square, space or grounds or any publicly owned or leased land or building.
- To go from house to house, from store to store, from place to place or from street to street to sell or take orders for goods, wares, merchandise or provisions, including books or periodicals, for future delivery, or for services to be performed at any place within the Town of Mount Pleasant, or to distribute advertising matter.
- Any person or company who solicits, as herein defined.
- STATIONARY LOCATION
- Includes any point or distance within 0.3 of a mile in all directions of stationary location.
- Any motor vehicle, as defined in the Vehicle and Traffic Law of New York.
- To peddle, hawk, sell, barter or lease, or to offer to sell, barter or lease, or to display for sale, barter or lease any goods, wares, merchandise or services in a public place.
It shall be unlawful for any person or company to peddle or solicit within the Town of Mount Pleasant without having first obtained a valid license therefor as provided herein.
Any person desiring a license as herein provided shall file with the Town Clerk a written application, duly verified by the applicant upon forms prescribed by the Town Clerk. Such application shall include but not be limited to the following information:
The name, address, date of birth and motorist identification number of such person and the name of the corporation, firm, association, club, partnership or any other organization represented by such person.
A description of the type of goods, wares or merchandise which the applicant wishes to sell or solicit orders for or the type of service for which the applicant wishes to sell or solicit orders.
A description of the vehicle which the applicant wishes to use in carrying out his business or occupation.
The owner of the vehicle and registration details, together with license number or other means of identification.
The County Health Department permit number, if a food vendor.
Proof of registration with the Department of State Office of Charities Registration and/or the Attorney General Charities Bureau.
If peddling or soliciting for a corporation, a statement whether it is a New York corporation or authorized to do business in New York.
Whether or not the applicant has ever been convicted of a crime and, if so, under what name, with a listing of such convictions, including the crime and jurisdiction.
A list of streets, roads or neighborhoods where the licensee shall conduct business and the dates and times any soliciting or peddling is to take place.
Such application shall be accompanied by three photographs of the applicant, two inches by two inches in size, taken with 30 days prior to the date of filing of the application, full face on a white background. The applicant must furnish conclusive proof of possession of a State of New York sales and use tax permit if applicable.
Upon receipt of such application, one copy shall be referred to the Mount Pleasant Police Department, for such investigation of the applicant to be made as it deems necessary for the protection of the public good.
After completing the investigation pursuant to Subsection A above, the Police Department shall forward to the Town Clerk its recommendation as to either granting or denying the application. A license may be refused if the applicant 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 trade or occupation involved.
Upon return of such application and approval by the Town Clerk and the payment of the prescribed license fee by the applicant, the Town Clerk shall prepare and deliver to the applicant his license and tag. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods to be peddled or solicited thereunder, the amount of fee paid, the license number, the date of the issuance and the date of expiration of such license, as well as the state license number or other identifying description of vehicles, if for a vehicular license.
The Town Clerk shall keep a record of all licenses issued.
The annual fee herein provided for shall be assessed on a yearly basis, and all licenses shall expire on the 31st day of December next succeeding the date of issuance.
To each person, company or corporation licensed under this chapter, the Town Clerk shall issue a written permit which shall bear the words "peddler or solicitor," the number of the license and the calendar year for which the license is issued, in figures plainly discernible. Such permit shall be kept on the person of the licensee, or if a company or corporation, its employee or agent, during such time as said licensee is plying his trade.
To each person licensed under this chapter who loses his permit issued by the Town Clerk, the Town Clerk shall issue a replacement, upon said person submitting an affidavit setting forth the facts surrounding the loss of said permit. The fee for a replacement permit is $50.
Every peddler or solicitor licensed under this chapter shall have his license in his immediate possession at all times when peddling or soliciting and shall display the same upon demand of any person, and proper and conspicuous posting of the New York State sales tax permit shall be required.
No license, license plate or badge issued under the provisions of this chapter may be transferred from one person to another person or from one vehicle to another vehicle, nor shall the badge so issued be used or worn at any time by any other person than the one to whom it was issued. In the event that a licensee shall permit any other person to possess or use such license, it 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.
No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location or to operate in a congested area where such operation might impede or inconvenience the public, nor shall be be permitted to operate for longer than 15 minutes in any one location, which shall include a distance of 0.3 of a mile in all directions from any one location. For the purpose of this chapter, the judgment of any police officer exercised in good faith shall be deemed conclusive as to whether or not the area is congested or the public impeded or inconvenienced.
It shall be unlawful for any person to engage in peddling or soliciting before the hour of 9:00 a.m. of any day or after sunset of any day or after the hour of 7:00 p.m. of any day, whichever occurs first.
It shall be unlawful for any peddler or solicitor in plying his trade to enter upon any premises or property or to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No peddlers, no solicitors, no agents," or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No peddler or solicitor shall peddle, vend or sell his goods or wares within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school or for school purposes, nor shall be permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
No solicitor shall solicit any business whatsoever at the scene of any accident within the Town of Mount Pleasant.
No peddler or solicitor shall cry out, blow a horn, ring a bell or use any sound-amplifying system upon any of the streets, alleys, parks or other public places of said town or upon any private premises.
No person shall peddle, vend or sell his goods, wares, services or merchandise in any congested area when or where such activity may impede, endanger or inconvenience the public or add to the congestion of such place or area.
If the applicant for a peddler's or solicitor's license uses scales or measures in this business, he shall also file with his application for a license a certificate issued by the Westchester County Sealer of Weights and Measures that his scales or measures have been tested and sealed.
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Westchester County Clerk to hawk, peddle, vend or solicit trade, in pursuance of law, on the streets and highways of the Town of Mount Pleasant shall be exempt from the provisions of § 153-5 of this chapter. In lieu of a license as prescribed in § 153-6A of this chapter, the Town Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Town of Mount Pleasant, subject to all other provisions of this chapter. Said permit will be stamped in ink on the face of the county license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
Religious, charitable and not-for-profit organizations shall be exempt from the provisions of this chapter, provided that at least 10 days prior to entering the town for soliciting or selling purposes, the person or persons involved shall register with the Town Clerk, providing their identity and advising of the time and location within the town of their proposed activity.
The provisions of §§ 153-2 to 153-8, inclusive, of this chapter shall not apply to the peddling of fish, fruit or farm produce by persons who produce such commodities, provided that the sale takes place from a stationary location upon property owned or leased by the seller and all other local, state and federal laws, rules and regulations have been complied with, including any licensing or health and safety requirements. This exemption shall apply only to natural persons and shall not be construed to include farmers or other persons who buy goods for resale, as well as selling their own produce, or to any helper or employee of such exempt person.
Any person or company who solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Town of Mount Pleasant shall be exempt from the payment of any fees as set forth in § 153-5 of this chapter upon presentation of proper proof to the Town Clerk that said person or company is actually engaged in interstate commerce. If the Town Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this chapter have been complied with, the Town Clerk shall issue a registry certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. All other provisions of this chapter shall apply to all such persons and companies registered pursuant to this section.
It shall be unlawful for any solicitor or peddler, either licensed or unlicensed, to enter upon privately owned property for the purpose of selling merchandise to the general public without having written permission to do so from the owner of the property in his possession at all times.
It shall be the duty of any police officer of the Town of Mount Pleasant to require any person seen peddling or soliciting, and who is not known by such police officer to be duly licensed, to produce his peddlers and solicitors license and to enforce the provisions of this chapter against any person found violating the same.
Any applicant who has been refused a license by the Town Clerk may apply to the Town Board therefore, and the same may be granted or refused by the Board, subject to the provisions hereof.
Licenses issued under the provisions of this chapter may be revoked by the Town Board after notice and a public hearing, at which the licensee shall have an opportunity to be heard for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler or solicitor.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
Notice of a hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
The granting, refusal or revocation of such license by the Town Board shall be subject to review by certiorari.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 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.