• Peddler's License Application

Definitions.
As used in this Article, unless the context otherwise requires:
(1)    Door-to-door sales means soliciting at residences, commercial or office outlets, or elsewhere within the Town, orders for the sale of or selling of goods, wares, merchandise, services, magazines, contracts, policies of insurance, stocks, bonds, rights or anything of value.(2)    Sales tax means the tax authorized and levied by and within the Town, pursuant to ordinance.  (Ord. 1-98, 1998, §1)

Sec. 6-2-20. Permits and licenses.
(a)    Permit required. Each and every person who engages in door-to-door sales within the Town when not previously requested or invited to do so by the owner or occupant of the residence or commercial or office outlet, shall, before going in or upon such residence or commercial or office outlet, register and obtain a permit from the Town Clerk and pay the permit fee as provided in this Article.
(b)   License required. Each person who engages any other person for salary, commission or other remuneration to engage in door-to-door sales within the Town when not previously requested or invited to do so by the owner or occupant of the residence or commercial or office outlet, shall, before commencing such sales, register and obtain a license from the Town Clerk and pay the license fee as provided by this Article.
(c)    Sales tax license required. Each and every person who engages in door-to-door sales or engages any other person for salary, commission or other remuneration to engage in door-to-door sales within the Town shall, before commencing such sales, obtain a sales tax license from the Town Clerk and pay the license fee as provided, as well as such other licenses and/or permits as may be required by law.  (Ord. 1-98, 1998, §1)

Sec. 6-2-30. Fees.
(a)    The license fee for each person who engages any other person for salary, commission or other remuneration to engage in door-to-door sales shall be thirty-five dollars ($35.00), and such license shall be issued for six (6) months.
(b)   The permit fee for each person engaging in door-to-door sales shall be thirty-five dollars ($35.00), and such permit shall be issued for six (6) months or the term remaining on the license such permit is issued under, if any.
(c)    The collection of any fees pursuant to this Section shall not apply to local, nonprofit organizations.  (Ord. 1-98, 1998, §1)

Sec. 6-2-40. Application contents.
(a)    License application contents. Each applicant for a license shall file with the Town Clerk an affidavit on a form supplied by the Town Clerk stating:
(1)    The full name of the applicant.
(2)    The business address of the applicant.
(3)    The business telephone numbers of the applicant.
(4)    The residence addresses, temporary and permanent, of the applicant.
(5)    The residence telephone numbers of the applicant.
(6)    A description of the applicant, including height, weight, color of eyes and color of hair.
(7)    The number and state of issuance of the applicant's motor vehicle operator's license or chauffeur's license, if any.
(8)    The number on and state of issuance of the license plates or any motor vehicle owned, rented or being driven by the applicant and of any motor vehicle which the applicant intends to use in the course of door-to-door sales, a description of any such vehicle and the name and address of the owner of such motor vehicle.
(9)    A list of all municipalities in which a peddler's license is presently held.
(10)  Whether the applicant is presently on parole or probation for any criminal violations.
(11)  A brief explanation of the nature of the merchandise to be sold or other activity that requires a license under this Article.
(12)  The names, business addresses, business telephone numbers, residence addresses and residence telephone numbers of all individuals employing and/or supervising the applicant.
(13)  If the applicant is a foreign corporation or an employee of such corporation, a statement in writing of the name, address and telephone number of an agent for process residing in the State.
(14)  The number of permits requested and names and addresses of all those who may use such permit, not to exceed twenty-five (25) permits.

(b)   Permit application contents. A permit application shall contain the same questions as a license application. (Ord. 1-98, 1998, §1)

Sec. 6-2-50. License or permit - grounds for denial.
(a)    The Town Clerk may deny the issuance of a license or permit for the following reasons:
(1)    Any misrepresentation, fraud, deception, breach of warranty or breach of contract in the Town or elsewhere;
(2)    Failure to comply with this Article or violation of any ordinance applicable to his or her permitted activities;
(3)    Failure to obtain a sales tax license as required by the Town or failure of the applicant, his or her supervisor or his or her employer to remit any sales tax due the Town;
(4)    Felony convictions for crimes against the person or property of another, or institutionalization for mental illness which caused acts of violence against the person or property of another; provided, however, that such felony convictions or institutionalization occurred within the five (5) years preceding the date of application.

(b)   For purposes of this Section:
(1)    Crimes or acts of violence against the person of another shall include homicide, attempted homicide, rape, attempted rape, sexual assault, assault, battery and other similar felonies involving moral turpitude by whatever name; and
(2)    Crimes or acts against the property of another shall include theft, burglary, breaking and entering, larceny and other similar felonies involving moral turpitude by whatever name.  (Ord. 1-98, 1998, §1)

Sec. 6-2-60. Transfer of licenses and permits.
(a)    No person shall transfer or attempt to transfer his or her license to any other person, and no person shall use a license issued to any other person.
(b)   No person shall transfer or attempt to transfer his or her permit to any other person, and no other person shall use a permit issued to any other person.  (Ord. 1-98, 1998, §1)

Sec. 6-2-70. Records.
The Town Clerk shall maintain records showing each license or permit issued and the alleged violations of this Article.  (Ord. 1-98, 1998, §1)

Sec. 6-2-80. Appeal.
At his or her election, an applicant may appeal any decision relating to his or her license or permit by the Town Clerk to the Board of Trustees. If the applicant requests, the Board of Trustees shall hold a hearing pursuant to this Code. The decision of the Board of Trustees shall be by a majority of the quorum of the Board.  (Ord. 1-98, 1998, §1)

Sec. 6-2-90. Expiration of license or permit.
Each license or permit shall expire on the date specified on the license or permit, and the Town Clerk shall issue no license or permit for a period longer than six (6) months. On the expiration of a license or permit, any person may apply for the issuance of a new license or permit.  (Ord. 1-98, 1998, §1)

Sec. 6-2-100. Revocation of license or permit.
If the Town Clerk finds that any of the grounds stated in Section 6-2-50 exist or that an applicant has made a false statement in his or her application, the Town Clerk shall revoke the license or permit; or for other just cause, communicated to the person, related to the health, safety or welfare of the citizens of the Town or related to the person's business integrity or responsibility, the Town Clerk may revoke the license and permit.  (Ord. 1-98, 1998, §1)

Sec. 6-2-110. Exhibit of permit.
Whenever requested by any police officer, an official of the Town or any customer or prospective customer, a person shall exhibit identification and his or her permit.  (Ord. 1-98, 1998, §1)

Sec. 6-2-120. Construction.
It is the intent of the Board of Trustees that not only each person who engages in door-to-door sales in the Town, but also each principal on behalf of whom such individual is acting, shall be licensed as required by this Article.  (Ord. 1-98, 1998, §1)

Sec. 6-2-130. Exemptions.
The following classes of persons shall not be required to obtain a license or permit otherwise required by this Article: 
(1)    Deliverymen or routemen who are engaged in the business of servicing and soliciting in connection with sales and delivery routes of newspapers, milk, bread, firewood and farm produce.
(2)    Persons selling products raised or produced by such persons within a radius of fifteen (15) miles of the Town.
(3)    Persons soliciting lawn mowing and shoveling of snow.
(4)    Persons authorized by civic, religious, charitable, government or political organizations.
(5)    All companies that have a franchise agreement with the Town.
(6)    Persons previously requested or invited to engage in door-to-door sales by the owner or occupant of a residence or commercial or office outlet.
(7)    Persons holding a valid and current business license issued by the Town.  (Ord. 1-98, 1998, §1)

Sec. 6-2-140. Violation; penalties.
(a)    It shall be a violation of this Article for any person to employ any other person for the purpose of engaging in door-to-door sales for a salary, commission or other remuneration in the Town, without causing such employee to comply with this Article.
(b)   It shall be a violation of this Article for any person to engage in door-to-door sales for any remuneration in the Town without complying with this Article.
(c)    Any person violating the provisions of this Article shall be guilty of a misdemeanor and, on conviction, shall be punished as set forth in Section 1-4-20.  (Ord. 1-98, 1998, §1)