§ 234-5 Chapter 234 Peddling and Soliciting

License; denial; investigation.

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A. A license may be refused to the applicant if he/she shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the occupation of peddling, soliciting or huckstering. The Town Clerk may also refuse a license to any person who, in his or her judgment, shall be an undesirable person or unable to properly conduct the soliciting, huckstering or peddling within the Town of Webster.B. Any applicant who has been refused a license by the Town Clerk may appeal to the Town Board therefor, and the same may be granted or refused by the Board.C.

The Town Clerk may conduct an investigation into any of the above matters to enable him or her to determine the advisability of issuing a peddler's license to the applicant, and said Town Clerk shall have a minimum period of two weeks to conduct said investigation. The issuance of the license shall be delayed for such period of two weeks and for a longer period, if necessary, to complete said investigation.D. Itinerant vendors.(1) No license for an itinerant vendor shall be issued until the applicant has been obtained and furnished to the Town Clerk.(a) Written consent of the property owner of the location where such activity will occur.(b) Written recommendation of the Zoning Board of Appeals after public hearing that such license be issued.

Said recommendation may be issued with conditions and, if so, such conditions shall be incorporated into the license to be issued.(2) The Zoning Board of Appeals shall recommend the issuance of a license to an itinerant vendor only if it finds:(a) That the proposed use will create no risk of danger or danger to persons or property.(b) That the proposed use will not create an increase in vehicular traffic or interfere in any manner with pedestrians or vehicles lawfully on the roadways.(c) That the proposed use will have no detrimental effect on adjacent property, nor interfere with the lawful enjoyment of adjacent property.(d) That the proposed use will not create noise or litter.

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