Town of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh 9-23-1974 as Ch. 117 of the 1974 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fraudulent checks — See Ch. 79.
Fees — See Ch. 104.
This chapter shall be known and may be cited as the "Peddling, Hawking and Soliciting Law of the Town of Newburgh."
This chapter is enacted for the purpose of regulating itinerant merchandising and soliciting in order that the peace, health, safety, welfare and good order of the town and its inhabitants shall not be endangered or unduly disturbed.
When used in this chapter, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
A. 
Any benevolent philanthropic, patriotic military veterans, not-for-profit, educational or religious association, society or organization qualified as a tax-exempt organization under Section 501 of the Internal Revenue Code;
B. 
Any governmental entity or organization, including, without limitation, a school district, fire district and fire company.
ENFORCEMENT OFFICIAL
The Building Inspector/Code Enforcement Official shall be the enforcement official. Authority to issue violation notices shall also rest with any member of the Town Police Department.
[Added 12-7-1998 by L.L. No. 12-1998]
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares or commodities he peddles, vends or solicits in the ordinary and regular course of business.
MERCHANDISING
[Amended 12-7-1998 by L.L. No. 12-1998]:
A. 
Selling or offering for sale, barter or exchange any property or service either for immediate or future delivery or performance upon any street, road or highway or from house to house in the town.
B. 
Seeking, taking or offering contracts or orders for any property for future sale or delivery or performance of any service upon any street, road or highway or from house to house in the town.
C. 
Seeking or taking subscriptions or contributions of money or property, upon any street, road or highway or from house to house in the town.
D. 
The delivery or distribution of advertising matter, literature, pamphlets, samples or handbills house to house or on any of the streets, roads or highways or by going from place to place in the town, but not including the delivery or distribution of newspapers, political or religious materials.
PEDDLER, HAWKER OR SOLICITOR
Includes any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or solicits contributions of goods or moneys in any public street or highway or public place or by going from house to house or place of business to place of business, on foot or on or from any vehicle standing in a street or highway, or by temporarily occupying a room, building or other premises therefor.
PERSON
A natural person, corporation, partnership, association, joint venture, society or other organization or association of any kind, whether acting as principal, agent, employer or employee.
[Amended 12-7-1998 by L.L. No. 12-1998]
PROPERTY
Any goods, wares, merchandise or other article of thing of every kind or nature except newspapers.
[Added 12-7-1998 by L.L. No. 12-1998]
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure or structure of any kind intended to be occupied for the period of time necessary to peddle, hawk or solicit the merchandise or products therein housed initially without the intent to replenish or restock such goods, wares and merchandise sold therein. In all prosecutions for a violation of this chapter, the intent of the defendant to conduct an established place of business shall be a material fact, and the burden of proving such intent shall be upon the defendant in such prosecution.
TEMPORARY OR TRANSIENT MERCHANT
A merchant or vendor who chooses a specific location within the town upon which to erect or park a cart, tent, wagon, truck or stand from which to engage in merchandising, with the intent to return to the same location each day. This category shall include temporary, off-premises roadside stands established for the purpose of selling vegetables, fruit or other farm products; food wagons; Christmas trees; and of any nonperishable goods. A temporary merchant must have the written permission from the owners of the location to conduct the sale of the intended products.
[Added 12-7-1998 by L.L. No. 12-1998]
TRANSIENT BUSINESS
A retail or wholesale business conducted from a temporary structure or tent, truck, van or trailer, stand, parking lot or vacant parcel of land, in a public right-of-way or in or on any other place in the town, but not the outdoor sales of property or services accessory to a business conducted within a permanent structure on a same premises or the sale of food products raised or produced on the same premises from a temporary or seasonal stand, provided that the principal structure or activities otherwise comply with the zoning and other laws, regulations and ordinances of the town.
[Added 12-7-1998 by L.L. No. 12-1998]
[Amended 12-7-1998 by L.L. No. 12-1998]
It shall be unlawful for any person within the limits of the Town of Newburgh to act as a peddler, hawker or solicitor, to maintain a transient business or act as a temporary or transient merchant or perform merchandising, as herein defined, without first having obtained or paid for and having in force and effect a license therefor.
Nothing in this chapter shall be held to apply to:
A. 
Any sales conducted pursuant to statute or by order or any court.
B. 
Any person selling personal property at wholesale to dealers in such articles.
C. 
The peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities.
D. 
Dealers in milk, baked goods, heating oil and daily newspapers.
E. 
Any licensed real estate brokers or insurance salesmen.
F. 
Any honorably discharged member of the Armed Forces of the United States who has procured a license under Article 4 of the General Business Law of the State of New York, but no such person shall engage in any of the occupations specified in this chapter without first having been issued a license by the Town Clerk.
G. 
Any charitable organization, as defined herein, or its agents or employees or veterans licensed pursuant to General Business Law § 32 et al.
[Amended 12-7-1998 by L.L. No. 12-1998]
H. 
Any person soliciting at the express invitation of the person solicited or serving an established customer.
I. 
Any person conducting a business or activity performing a service pursuant to a license issued by the United States Government, the State of New York or by any business service or activity licensed under any other law, regulation or ordinance of the Town of Newburgh.
[Added 12-7-1998 by L.L. No. 12-1998]
J. 
Any political parties and candidates for public office.
[Added 12-7-1998 by L.L. No. 12-1998]
A. 
Every applicant for a license is required to submit to the Town Clerk a written application supplying, under oath, the following information:
(1) 
Name and age of applicant.
(2) 
Permanent home residence.
(3) 
Name and address of firm represented, if any.
(4) 
A statement as to the period of time during which the applicant intends to engage in a business or activity regulated under this chapter.
[Amended 12-7-1998 by L.L. No. 12-1998]
(5) 
A description of the goods, wares or commodities to be offered for sale, together with a true invoice of their amount, quality and value, and a detailed statement of the particular business, trade or occupation for which the license is requested.
(6) 
All felonies or misdemeanors for which the applicant has been convicted.
(7) 
To the application must be appended a letter of authorization from the firm which the applicant purports to represent.
(8) 
The number and kind of vehicles, if any, to be used by the applicant in carrying on the business for which the license is required.
(9) 
The names and addresses of all partners, if a partnership, and the names and addresses of the principal officers, if a corporation, and the name and address of a person upon whom a legal notice may be served.
(10) 
A copy of all media advertising, including but not limited to handbills, radio and newspaper advertisements and posters. Such advertising must bear an accurate reflection of the inventory actually available for sale and must contain a notice that a copy of the inventory available for sale is on file at the Town Clerk's office.
[Added 10-16-1979 by L.L. No. 2-1979]
(11) 
A letter from the property owner granting permission to the applicant to peddle, hawk and solicit on the owner's premises.
[Added 10-16-1979 by L.L. No. 2-1979]
(12) 
Such other information as may be required by the Town Board of the Town of Newburgh.
(13) 
Proof that the applicant or his or her employer or principal is registered for sales tax purposes, if the business or activity to be conducted is subject to sales or use tax.
[Added 12-7-1998 by L.L. No. 12-1998]
(14) 
A description of any motor vehicle that will be used for transient business purposes, or from which a transient business will be conducted, to include the name of the manufacturer, year, type of vehicle, vehicle identification number, registration plate number, title holder and the name of the person other than the title holder to whom the vehicle is registered, if any.
[Added 12-7-1998 by L.L. No. 12-1998]
(15) 
Further information required by the Town Clerk, including a certificate of insurance with the town named as a co-insured.
[Added 12-7-1998 by L.L. No. 12-1998]
(16) 
The application shall be signed by the applicant and sworn to before a notary public or other officer authorized to administer oaths.
[Added 12-7-1998 by L.L. No. 12-1998]
B. 
If the applicant has one or more employees who will work in the town, the same information must be supplied as to each employee.
C. 
No license shall be issued unless and until the completed application and any required attachments have been filed in the Town Clerk's office for at least seven days.
[Added 10-16-1979 by L.L. No. 2-1979]
[Amended 12-7-1998 by L.L. No. 12-1998]
A. 
All applicants proposing to sell food items shall be required to obtain a food-handlers license from the Orange County Health Department.
B. 
Locations shall be restricted to established off-street parking areas. Said location shall be designed to provide parking spaces for a minimum of five vehicles. Both active and inactive off-street parking areas may be utilized if the above criteria is met. Written permission of residents within 500 feet of the proposed location, in all directions, shall be obtained and must be submitted by applicant.
C. 
Not more than one temporary merchant per lot will be permitted. Temporary merchants shall be prohibited within 1,000 feet of an established commercial business engaged in similar activity at the time of the enactment of this section. A minimum distance of 2,000 feet shall be maintained between locations for temporary merchants.
D. 
Temporary merchants shall be prohibited from conducting business on municipal property.
E. 
The area to be occupied by a single temporary merchant, including stand, tent, wagon, truck, sign and trash receptacle, shall not exceed 300 square feet.
F. 
The temporary merchant shall provide for and maintain trash receptacles and be responsible for trash removal at the end of each day.
G. 
The temporary merchant shall not sell or transfer the assigned space.
H. 
One freestanding sign per temporary merchant may be permitted. Signs must be constructed of a durable material and maintained in a presentable condition. Flashing lights or lighting is prohibited. No sign shall be placed within 15 feet of a property line or within an established sight triangle for interior lanes or access driveways. All freestanding signs must be removed and properly secured during nonoperating hours of the temporary merchant. Maximum sign face shall not exceed four square feet and shall not exceed four feet in height.
I. 
No charitable organization shall engage in soliciting before it files with the Town Clerk a list of names, addresses and dates of birth of persons who will conduct the activity on its behalf and a statement of the time period during which the solicitation shall occur. No person shall engage in soliciting on behalf of a charitable organization until this information has been provided to the Town Clerk.
J. 
No peddling or soliciting, whether or not exempt from the permit requirements of this chapter, shall be conducted before 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00 p.m.
K. 
A transient business permit, as defined herein, shall be limited to a single location; the location must be approved by the Building Department.
L. 
Upon receipt of the application and of the license fee, and if reasonably satisfied with the applicant's qualifications, the Town Clerk shall issue a license to the applicant specifying the particular business authorized as set forth in the definitions herein, and the location wherein it may be conducted, subject to the approval of the Building Department, if the permit is for a temporary business permit. This license shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business license. The license shall be produced upon the demand of any town official, prospective buyer, police officer or sheriff. 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 be guilty of a violation of this chapter.
A. 
The Town Clerk shall keep a record of the applications, the determinations thereon and of all licenses issued in accordance with this chapter. The record shall contain the name and residence of the person licensed, the location of the business, the amount of the license fee paid and the date of revocation of all licenses revoked.
B. 
All licenses hereunder shall expire on the first day of January following the date of issuance thereof.
[Amended 6-19-1978 by L.L. No. 2-1978]
The fees for all licenses are as prescribed by Chapter 104, Fees.
A licensed peddler, hawker or solicitor shall:
A. 
Not willfully misstate the quantity or quality of any article offered for sale.
B. 
Not willfully offer for sale any article of an unwholesome or defective nature.
C. 
Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying out or by any loud or unusual noise.
D. 
Not frequent any street in an exclusive nature so as to cause a private or public nuisance.
E. 
Keep the vehicle and/or receptacles used by him in the furtherance of his licensed business in a sound, clean and sanitary condition.
F. 
Keep his edible articles offered for sale well protected from dirt, dust and insects.
G. 
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 nor in front of any premises for any time if the owner or the lessee of the ground objects.
A. 
Grounds for revocation. Licenses issued under provisions of this chapter may be revoked by the Town Clerk of the Town of Newburgh after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler, hawker or solicitor.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling, hawking or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing; service. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of 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.
C. 
Suspension. The Town Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section or has been indicted or charged with or for any crime or offense or has been convicted of any crime or offense, may forthwith temporarily suspend such license until a hearing is held by him, as provided herein, and the Town Clerk shall have issued his determination thereon.
D. 
Effect on employees. If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either he or any one or more of his employees are determined to be in violation of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 137-7 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license, as provided in § 137-11 of this chapter, shall have the right to appeal to the Town Board of the Town of Newburgh. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 11-6-1995 by L.L. No. 7-1995]
Any person who himself or by his clerk, agent, servant or employee shall act as a peddler, hawker or solicitor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who shall continue to act as peddler, hawker or solicitor subsequent to the revocation of his license shall, upon conviction, be punished by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both, for each violation. Each day on which such violation continues shall constitute a separate offense.