LOCAL LAW AMENDING CHAPTER 199 “PEDDLING & SOLICITING†OF THE TOWN CODE OF THE TOWN OF RAMAPO
PLEASE TAKE NOTICE that the Town Board of the Town of Ramapo adopted the following local law at a regular meeting held on the 13th day of October 2021 at the Ramapo Town Hall, 237 Route 59, Suffern, New York:
LOCAL LAW NO. 1 – 2021
A LOCAL LAW AMENDING CHAPTER 199 “PEDDLING & SOLICITING”
OF THE TOWN CODE OF THE TOWN OF RAMAPO
Be It Enacted by the Town Board of the Town of Ramapo:
Section 1. Legislative Intent
Amendments to Chapter 199 “Peddling & Soliciting” of the Town Code of the Town of Ramapo are being proposed in accordance with applicable judicial rulings on the limitations of municipalities to regulate the time, place, and manner of how individuals and entities can engage in door-to-door soliciting and selling of goods, merchandise, and services.
Section 2. Amend Section 199-6 “Application for license” to read as follows:
§ 199-6. Application for license.
Every applicant for a license hereunder shall submit a verified written application to the Town Clerk supplying the following information:
A. Name, permanent home address and local address, if any, of applicant.
B. A physical description of the applicant, setting forth:
(1) Date of birth.
(2) Height.
(3) Weight.
(4) Color of hair and eyes.
C. A detailed statement of the particular business, trade or occupation for which the license is requested and a description of the goods, wares, merchandise or commodities offered for sale.
D. The name and address of the person, firm or corporation, if any, he represents; the names and addresses of all partners, if a partnership; the names and addresses of the principal officers, if a corporation; and the name and address of a person upon whom a legal process and notice may be served.
E. Prior convictions for fraud, trespass, burglary, assault or a Violation of any Order of Protection or other relevant Court Order and the disposition thereof, including the date and nature of such conviction and location of the court where such record or disposition is on file.
F. The number and kind of motor vehicles to be used in carrying on the business, and the registration, license and insurance data for each such vehicle and operators thereof.
G. Three photographs, two by two inches in size, taken within 60 days immediately prior to the date of filing of the application, showing clearly the face and shoulders of the applicant.
H. If peddling or soliciting is to be conducted as a team, group or other organized party under single leadership or direction, control or sponsorship, the above-required personal information shall also be supplied as to such leader or person in charge and with respect to each other person, employee or agent so involved.
I. If such applicant represents or is the agent for a principal, there shall be appended to the application a letter or other evidence of authorization or agency from the principal describing the nature and scope of such applicant's authority and any restrictions, limitations and conditions imposed on such applicant by the principal agency or organization he represents. In addition, copies of each order form, contract or other form or document to be utilized by the applicant in such sale or solicitation shall be attached to the application.
J. Where the applicant is offering for sale goods, merchandise or commodities required to be sold by weight, measure or count, as provided under Article 16 of the Agricultural and Markets Law of the State of New York, such application shall be accompanied by a certificate from the Sealer of Weights and Measures, having jurisdiction thereof, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
K. Any information regarding the denials of licenses or their revocation by municipalities within one year of the present application.
Section 3. Amend Section 199-8(A) “Investigation” to read as follows:
A. Investigation.
(1) When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Town Clerk, and the Town Clerk shall refer the original to the Chief of Police within five (5) business days of receipt by the Town Clerk and then the Chief of Police shall within ten (10) business days thereafter cause or make such investigation of the applicant's business background as permitted in the provisions of this Chapter 199. If as a result of such an investigation, the applicant's business responsibility is found to be in violation of any relevant laws, rules or regulations, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and shall return said application to the Clerk who shall promptly provide the same to the applicant. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(a) Conviction of a crime involving moral turpitude.
(b) Prior violation of a peddling or soliciting law.
(c) Previous fraudulent acts or conduct.
(d) Record of breaches of solicited contracts.
(e) Evidence of any violation of a relevant law, rule or regulation,
(2) In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his or her approval on the application and shall return the application to the Clerk who shall promptly advise the applicant.
Section 4. Amend Section 199-9 “Bonding Requirements” to read as follows:
§ 199-9. Bonding requirements.
A. Prior to the issuance of any license, the applicant shall file with the Town Clerk an Affidavit or Affirmation confirming that the license holder shall be responsible for any and all damage while on Town property or any private property in the Town while undertaking work or services pursuant to any license issued.
B. The aforesaid bond shall be declared forfeited upon proof of:
(1) Falsification in the application for a license.
(2) Violation of any of the provisions of the Town Code by the applicant or his agents, servants or employees.
Section 5. Amend Section 199-10(K) to read as follows:
K. Sell or solicit except between the hours of 9:00 a.m. and thirty (30) minutes after Sunset. 8:00 p.m.
Section 6. Amend Section 199-14 “Appeals” to read as follows:
§ 199-14. Appeals.
Any licensee aggrieved by any action or determination of the Town Clerk or any other Town Official pursuant to this Chapter may appeal to the Supervisor of the Town of Ramapo or any agent or agency he or she may designate, within 14 days after notice of the action or determination complained of has been mailed to the applicant’s last known address, by the applicant filing a written statement setting forth fully the grounds for appeal. The Supervisor or his or her agent shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant's last known address at least five business days prior to the date set for the hearing. The Decision and Order of the Supervisor or his or her agent on such appeal shall be final and conclusive for the Town. Any person aggrieved by any such Decision and Order may challenge that Decision or Order by filing pursuant to the time requirements set forth in the provisions of Article 78 of the New York Civil Practice and Rules, such as an Article 78 challenge as permitted by law.
Section 7. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
Dated: October 13, 2021
SHARON OSHEROVITZ
Town Clerk
Town of Ramapo
Ramapo Town Hall
237 Route 59
Suffern, New York 10901