Chapter 30
Peddler’s Law
[HISTORY: Adopted by the Town Board of the Town of Kinderhook 10-3-2005 as L.L. No.15-2005. Amendments noted where applicable.]
30-1 Definitions:
As used in this chapter, the following terms shall have the meanings indicated:
HAWKER, PEDDLER, SOLICITOR–Includes, except as hereinafter expressly provided, any person, either principal or agent, who in any public street or public place or by going from house to house or place of business on foot or from any vehicle standing in a street; sells or barters; offers for sale or barter or; carries or exposes for sale or barter any goods, wares or merchandise.
PERSON–Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, limited liability companies or partnerships, and all other entitles of any kind capable of being sued.
LICENSEE–the holder of a licensee granted pursuant to this Chapter.
30-1 Exceptions:
1. Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to farmers who, themselves or through their employees, sell produce of their own farms; to dealers of fuel for heating and; to any person licensed by section 45 of the General Business Law.
2. Nothing in this chapter shall be held to apply to collections for any charitable institutions.
3. Nothing in this chapter shall be held to apply to sales for any charitable institutions.
30-2 License required.
It shall be unlawful for any person within the limits of the Town of Kinderhook (exclusive of the Villages of Valatie and Kinderhook) to act as a hawker, peddler or solicitor, as herein defined, without first having obtained and paid for and having in force and effect a license therefor.
30-3 License application
Every applicant for a license is required to submit to the Town Clerk a written application supplying, in affidavit form, the following information:
1. Place of citizenship
2. Statement that applicant has never been convicted of a felony or misdemeanor.
3. Description of the business, trade or occupations for which the license is sought.
4. The locality within which the licensed business, trade or occupation is to be conducted.
30-4 Grounds for refusal to issue license; transferability
A license may be denied for any one of the following reasons:
1. The applicant has been convicted of a felony or misdemeanor.
2. The business in which the applicant proposes to engage is unlawful.
3. The applicant’s license has been previously revoked pursuant to this Chapter.
Any license granted pursuant to the authority of this Chapter is not transferable.
30-5 Fee
The fee for licenses granted pursuant to this Chapter shall be set by the Town Board by resolution.
30-6 Grounds for revocation of license
A license granted pursuant to the provisions of this Chapter, after notice and hearing as provided herein, may be revoked for any one of the following reasons:
4. Conviction of the licensee of a felony or misdemeanor.
1.
5. False or fraudulent misrepresentation by the licensee as to the quality or quantity of the goods offered for sale or sold or; the manner of payment for them or; as to any material fact stated in the license application.
6. The licensee’s sale or offering for sale of goods which are not of merchantable quality.
7. The licensee’s permitting or suffering any vehicle from which said licensee sells or offers to sell goods to remain stationary in one spot on the Town streets for more than ten minutes.
8. The licensee’s permitting or suffering any vehicle or receptacle from which said licensee sells or offers to sell goods to be dirty or unsanitary.
9. The licensee’s parking of the vehicle from which licensee does business obstructing any cross walk within the Town.
10. The sale by any licensee or the offering to sell any confectionary products or ice cream within 250 feet of any school building between the hours of 8AM and 4 PM on school days.
30-7 Revocation of license
This license may be revoked, after hearing before the Town Board for the violation by licensee of any provision of this Chapter or any other law of the Town, State of New York or the United States. Notice of such hearing shall be given by mailing of it, by the Town Clerk, to the licensee at the address shown on the application.
30-8 Penalties for offenses.
A violation of this Chapter is hereby declared to be an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers, violations of this Chapter shall be deemed misdemeanors, and for such purposes only. Each week’s continued violation shall constitute a separate violation.
ARTICLE III - EFFECTIVE DATE
This local law shall take effect upon its filing with the Secretary of State
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