Marlborough City Zoning Code
CHAPTER 111
Peddling and Soliciting
§ 111-1 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
Includes a building or store in which a person transacts business and deals in the goods, wares, publications and merchandise he hawks, peddles or solicits for during regular business hours.
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 on or from any animal or vehicle standing in a street or highway, sells or barters or offers for sale or barter any goods, wares, publications or merchandise, except as hereinafter exempted.
Includes one (1) 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.
Includes any person who goes from place to place or house to house or who stands in the street or public place taking or offering to take orders for goods, wares, publications or merchandise, except as hereinafter exempted, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
§ 111-2 Applicability. [1]
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Town of Marlborough or their employees; to the peddling of meats, fish, fruits, vegetables and similar produce by farmers and persons who produce such commodities; to dealers in milk, baked goods, heating oil and daily newspapers; to any honorably discharged member of the armed forces of the United States who has procured a license as provided by the General Business Law of the State of New York; or to any person soliciting or collecting for any bona fide nonprofit or charitable organization. This chapter shall also not apply to, so as unlawfully to interfere with, interstate commerce.
§ 111-3 License required; exception.
No hawker or peddler shall peddle or canvass his goods, wares, publications or merchandise, including the solicitation of magazine subscriptions, at private residences, unless invited or requested by the occupant of said private residences to do so, without having first obtained a license as herein required.
It shall be unlawful for any person within the territorial limits of the Town of Marlborough to act as a hawker, peddler or solicitor, as herein defined, without having first obtained and paid for and having in force and effect a license therefor.
§ 111-4 Application for license.
Every applicant for a license, as herein provided, shall submit to the Town Clerk a written application under affidavit setting forth the following information:
That he is a citizen of the United States.
That he never has been convicted of a felony or misdemeanor (or, if so, giving details).
A detailed statement of the particular trade, business or occupation for which the license is requested.
The number and kind of vehicles, if any, to be used by the applicant in carrying on the business for which the license is requested.
The kind of goods, wares, publications and merchandise he desires to sell or the kind of service he desires to render.
The name, address and age of the applicant, the name and address of the persons, firm or corporation he represents, 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.
Such other information as may be required by the Town Clerk.
The applicant shall provide two (2) photographs of himself, taken within sixty (60) days of the time of application, two by two (2 x 2) inches in size, showing his head in a clear and distinguishing manner.
[Added 3-28-1977]
The fingerprints of the applicant shall be taken.
[Added 3-28-1977]
§ 111-5 Issuance, duration and use of license.
Upon the filing of the application, as provided in § 111-4, the Town Clerk shall, upon his approval of such application, issue to the applicant a license, as provided in § 111-3B, signed by the Town Clerk. Except as hereinafter provided, no licenses shall be refused except for a specific reason and for the protection of public safety, health or morals or the general welfare.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person or any person who uses such license granted to any other person shall be guilty of a violation of this chapter.
Such a license shall automatically expire on January 1 following the date of issuance of such license, but such license may provide for an earlier expiration date.
No license shall be granted to a person under eighteen (18) years of age.
No applicant to whom a license has been refused or who has a license that has been revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or the revocation no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand to any police officer or citizen.
§ 111-6 License fees. [1]
The license fee to hawkers, peddlers or solicitors shall be an amount as set by resolution of the Town Board.[2]
§ 111-7 Employees of licensee.
Any licensee using a horse and wagon or motor vehicle may employ not more than two (2) persons to assist in selling and delivering wares, but such person shall so act only while accompanying a licensed peddler, hawker or solicitor.
§ 111-8 Vehicle identification.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two (2) inches in height in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so printed plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
§ 111-9 Refusal or revocation of license.
Upon refusal of the Town Clerk to issue a license to any applicant or upon the determination of the Town Board that any license should be revoked, the procedure prescribed in § 137 of the Town Law shall be complied with.
When a license shall be revoked, no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason therefor, in writing, shall be served by the Town Clerk upon the person named in the application or by mailing the same to the address given in the application, and a copy of such notice shall be filed with the Town Clerk.
§ 111-10 Restrictions on activities of licensee.
A licensed hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
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.
Not stand or permit the vehicle used by him to stand in one (1) place in any public place or street for more than ten (10) minutes or in front of any premises for any time if the owner or lessee of the premises objects.
Not sell any confectionery or ice cream within five hundred (500) feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
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, publications or merchandise.
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
Not enter upon private or public property for the purpose of peddling, hawking or soliciting before the hours of 9:00 a.m. of any day or after the hour of 9:00 p.m. of any day, except upon the invitation of the householder or occupant, nor at any time on Sundays or holidays.
[Amended 3-28-1977]
§ 111-11 Issuance of receipt for moneys deposited required.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one (1) copy shall be given to the purchaser at the time the payment or deposit of money is paid to the solicitor.
§ 111-12 Required records.
It shall be the duty of the Town Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and address of the person licensed, the amount of the license fee paid and the date of revocation of all licenses revoked.
§ 111-13 Penalties for offenses.
[Amended 3-28-1977]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (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.