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§ 93‑1 PEDDLING AND SOLICITING § 93‑2
Chapter 93
PEDDLING AND SOLICITING
§ 93‑1. Title.
§ 93‑2. Purpose.
§ 93‑3. Definitions.
§ 93‑4. License required.
§ 93‑5. Required information.
§ 93‑6. Unlawful acts.
§ 93‑7. Fee; separate licenses required.
§ 93‑8. Exemptions from bond requirements.
§ 93‑9. Exemptions.
§ 93‑10. Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of Brutus 8‑1‑1988 as L.L. No. 1‑1988. Amendments noted where applicable.]
§ 93‑1. Title.
This chapter shall be known as the "Peddling and Soliciting Code" of the Town of Brutus.
§ 93‑2. Purpose.
This chapter is adopted to regulate the distribution of certain materials, peddling, soliciting and related activities within the town. The licensing of persons engaged in the above‑mentioned activities is required so that the identity of persons going door‑to‑door or distributing materials within the town may be established so that general regulations within the town may be more effectively enforced
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§ 93‑2 BRUTUS CODE § 93‑3
for the protection and maintenance of the health, safety and welfare of the inhabitants of the town and to prevent dishonest business practices and dishonest solicitation of funds in the town.
§ 93‑3. Definitions.
As used in this chapter, the following words shall have the meanings indicated:
DISTRIBUTOR ‑ Any person who distributes or causes to be distributed on any street or public place within the town any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
MERCHANDISE ‑ All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvement or alterations and anything that may be sold or distributed by peddlers or solicitors as used herein.
PEDDLER ‑ Any person, whether a resident of the town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
PERSON ‑ Any individual, firm, partnership, corporation, organization, club, association or any principal or agent thereof.
SOLICITOR ‑ Any person, whether a resident of the town or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in
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§ 93‑3 PEDDLING AND SOLICITING § 93‑5
any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser." The term shall include any person who goes from door to door as described above for the purpose of soliciting and/or collecting funds.
TRANSIENT MERCHANT ‑ Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one (1) year from the date of commencement and who occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
§ 93-4. License required.
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale, or distribute merchandise, printed merchandise, printed material or services within the town without first applying for and obtaining a license from the Town Clerk.
§ 93‑5. Required information.
The following information shall be provided:
A. The length of time for which the license is desired.
B. If a vehicle is to be used, a description of such vehicle and its license number.
C. The place where the merchandise or services to be sold or offered for sale are manufactured or produced; where such goods or property are located at the time such application is filed and the proposed method of delivery.
D. A photograph of the applicant taken within sixty (60) days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two by two (2 x 2) inches.
E. Two (2) business references located in the State of New York.
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§ 93‑6 BRUTUS CODE § 93‑6
§ 93‑6. Unlawful acts.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise except between the hours of 8:00 a.m. and 5:00 p.m. unless specifically having been invited into a house by the occupant or having made an appointment with a person previously. Vendors of food products shall be exempt from this restriction.
B. Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the town and displaying his license.
C. Have exclusive rights to any location in the public street or operate in any congested area where his operations might impede or inconvenience the public.
D. Leave at a property or house in any public place circulars, samples or other materials, except newspapers, which shall be defined as periodicals with a paid circulation of at least ninety percent (90%) of their total circulation, except when handed to a person or house occupant.
E. Enter or attempt to enter the land of any resident in the town without an express invitation from the occupant in the house.
F. Conduct himself in such a manner as to become objectionable to or annoy an occupant of any house.
G. Shout, cry out, blow a horn or use any sound making or amplifying device upon any of the streets, parks or public places of the town or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places of the town or upon private premises therefrom for the purpose of attracting attention to any merchandise or services.
H. Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
I. Litter the street, public places or properties within the town with any merchandise or printed material.
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§ 93‑6 PEDDLING AND SOLICITING § 93‑9
J. Peddle, solicit or sell in the Town of Brutus outside of permanent buildings. This provision is intended to prohibit peddling, soliciting or selling from trucks, temporary stands, vans, autos or other motor vehicles except by special permit, but shall not be applicable to permanently established nurseries or vending machines and vendors of food and food products.
§ 93‑7. Fee; separate licenses required.
A. The fees to be paid for a license to engage in the occupation of peddler, solicitor, distributor or transient merchant shall be ten dollars ($10.).
B. Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be licensed separately, and each shall pay the appropriate fee.
§ 93‑8. Exemptions from bond requirements.
The Town Board may, by resolution, exempt persons from the bond requirement, provided that the applicant satisfies the Board that the nature of his activity does not jeopardize the residents.
§ 93‑9. Exemptions.
The following persons are exempt from the requirements of this chapter:
A. Any person possessing a peddler's license issued in conformity with the New York State General Business Law.
B. Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of prior agreement.
C. Any person selling fruits and farm products grown by himself, with or without the help of others.
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§ 93‑9 BRUTUS CODE § 93‑10
D. Any school, charitable, political or civic organization, benevolent society, service club or nonprofit organization which is located in or has a substantial membership from the town.
§ 93‑10. Penalties for offenses.
A. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or both such fine and imprisonment.
B. In addition or as an alternative to the above‑provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
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