§ 149-1. Definitions.
As used in
this article, the following terms shall have the meanings indicated:
ESTABLISHED
PLACE OF BUSINESS -- Means and includes
a building or store in or where the person transacts business and deals in the
goods, wares and merchandise he hawks, peddles or solicits for during regular
business hours.
HAWKER AND
PEDDLER -- Means and includes, except as
hereinafter expressly provided, any person, either principal or agent, who from
any public street or public place or by going from house to house or place of
business to place of business, on foot or on or from any vehicle, sells or
barters, offers for sale or barters, or carries or exposes for sale or barter
any goods, wares or merchandise, books, magazines, periodicals or any other
item or items of value, except milk, newspapers and food distributed on regular
customer routes.
SOLICITOR -- Means and includes any person who goes
from place to place or house to house or stands in any street or public place
taking or offering to take orders for goods, wares or merchandise, books,
magazines, periodicals or any other item or items of value (except newspapers
or milk), or for services to be performed in the future, or for making,
manufacturing, or repairing any article or thing whatsoever for future
delivery. The term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value (except
newspapers or milk), or for services to be performed in the future or for
making, manufacturing, or repairing any article or thing whatsoever for future
delivery at the home or residence of any person who has been solicited prior
thereto by telephone, or has responded to any type of advertising media
requiring an appointment or consultation or sales presentation in the home or
place of residence of such person.
§ 149-2. Exemptions.
A. Nothing
in this article shall be held to apply to any sales:
(1) Conducted
pursuant to statute or by order of any court.
(2) To
any person selling personal property at wholesale to dealers in such
articles.
(3) To
merchants having an established place of business within the Village or their
employees for soliciting orders from customers and delivering the same.
(4) To
persons under the age of 18 years.
(5) To
farmers and truck gardeners, who themselves or through their employees vend,
sell or dispose of products of their own farms and gardens.
(6) To
any honorably discharged member of the armed forces or any other person who has
procured a license issued by the County Clerk as provided by § 32 of the
General Business Law of the State of New York.
B. Nonprofit
organizations and persons working for such organizations shall also be exempt.
However, such organizations shall register annually with the Village Clerk in
the event they plan to engage in vending, hawking, peddling or soliciting, and
shall indicate the type of activities to be undertaken and the time when they
will be performed.
§ 149-3. License
required.
It shall be
unlawful for any person within the corporate limits of the Village to act as a
hawker, peddler or solicitor as herein defined or assist same without first
having obtained and paid for, and having in force and effect a license
therefor.
§ 149-4. Application
for license.
A. Any
person desiring to procure a license as herein provided shall file with the
Village Clerk a written application upon a form furnished by the Village Clerk
and shall file at the same time satisfactory proof of good character. Such
application shall give:
(1) The
number and kind of vehicle to be used by the applicant in carrying on the
business for which the license is desired.
(2) The
kind of goods, wares and merchandise he desires to sell or the kind of service
he desires to perform.
(3) The
method of distribution.
(4) The
name, address and age of the applicant.
(5) The
name and address of the person, firm or corporation he represents.
(6) The
length of time the applicant desires the license.
(7) Such
other information as may be required by the Board of Trustees.
B. If
applicable, such application shall be accompanied by a certificate from the Sealer
of Weights and Measures certifying that all weighing and measuring devices to
be used by the applicant have been examined and approved.
§ 149-5. Bonds, when
required.
An
application for a license as a solicitor who demands, accepts or receives
payment of deposit of money in advance of final delivery, shall also be
accompanied by a cash deposit of $5,000 surety company bond or other bond
secured by sufficient collateral, said bond to be approved by the Village
Attorney as to form and surety conditioned for making a final delivery of the
goods, wares, or merchandise ordered or services to be performed in accordance
with the terms of such order or failing therein, that the advance payment on
such order be refunded. Any person aggrieved by the action of any licensed
solicitor shall have right by action on the bond for the recovery of money or
damages, or both. Such bond shall remain in full force and effect, and in case
of a cash deposit, such deposit shall be retained by the Village for a period of
90 days after the expiration of any such license, unless sooner released by the
Board of Trustees.
§ 149-6. License.
Upon the
filing of the application, bond and certificate as provided in the preceding
sections, the Mayor shall, upon his approval of such application, issue to the
applicant a license as provided in § 149-3, signed by the Village Clerk.
Except as hereinafter provided, no license shall be refused except for a
specific reason and for the protection of the public safety, health, morals or
general welfare.
§ 149-7. License not
assignable.
A license
shall not be assignable; any holder of such license who permits it to be used
by any other person, and any person who uses such license granted to any other
person shall each be guilty of a violation of this article.
§ 149-8. Loss of
license.
Whenever a
license shall be lost or destroyed on the part of the holder or his agent or
employee, a duplicate in lieu thereof, under the original application and bond
may be issued by the Village Clerk upon the filing with him by the licensee of
an affidavit setting forth the circumstances of the loss, and what, if any,
search has been made for its recovery.
§ 149-9. Issuance of
license; contents.
All licenses
shall be issued from a properly bound book with proper reference stubs kept for
that purpose, numbered in that order in which they are issued and shall state
clearly the kind of vehicle to be used, the kind of goods, wares and
merchandise to be sold or service to be rendered, the number of his license,
the date of issuance and expiration of the license, fee paid and the name and
address of the licensee.
§ 149-10. Expiration of
license.
Such
licenses shall automatically expire on December 31 following the date of
issuance of such license, but such licenses may specifically state and provide
for an earlier expiration date.
§ 149-11. Restrictions.
No license
shall be granted to a person under 18 years of age. No applicant to whom a
license has been refused or who has a license which has been revoked shall make
further application until a period of at least six months shall have elapsed
since the last previous rejection or revocation, unless he can show that the
reason for such rejection no longer exists. Every licensee, while exercising
his license, shall carry the license with him and shall exhibit the same upon
demand.
§ 149-12. License fees.
A. The
license fee for each person licensed as a hawker, peddler or solicitor and for
each person licensed to assist a hawker, peddler or solicitor shall be as set
from time to time by resolution of the Board of Trustees.
B. For
the purpose of this article, a person who assists a hawker, peddler or
solicitor shall be deemed to be any person who participates in delivering
merchandise or any other items sold, performs any services in or about the
customer's premises or otherwise generally renders aid or assistance, except
participation in selling or soliciting orders.
§ 149-13. Revocation of
license.
The Mayor
may, at any time, for a violation of this article or any other provision of
this Code or any law, suspend any license issued hereunder. When a license
shall be so suspended, no refund of any unearned portion of the license shall
be made. Notice of such suspension and the reason therefor in writing shall be
served by the Village Clerk upon the person named in the application or by
mailing the same to the address given in the application. Any person who receives
such notice of suspension may request an appearance before the Board of
Trustees at its next regularly scheduled meeting and may at that time present
such facts as he deems applicable concerning the suspension. Thereafter, the
Board of Trustees may reinstate the license or suspend same for such period of
time as it deems appropriate or revoke same. If no application is made upon the
suspension by the Mayor, the license shall be deemed to be revoked.
§ 149-14. Prohibited
acts.
A. It
shall be unlawful for any person to enter upon private property for the purpose
of peddling or soliciting on Sundays or before the hour of 9:00 a.m. of any
other day or after the hour of 7:00 p.m. of any other day except upon the
invitation of the householder or occupant.
B. It
shall be unlawful for any peddler or solicitor in plying his trade to ring the
bell or knock upon or enter any building whereon there is painted or otherwise
affixed or displayed to public view any sign containing any or all of the
following words: "No Peddlers," "No Solicitors," "No
Agents," or other wording, the purpose of which purports to prohibit
peddling or soliciting on the premises.
C. No
peddler or solicitor shall peddle, vend, or sell his goods or wares within 200
feet of any place occupied exclusively as a public or private school or for
school purposes, nor shall he permit his cart, wagon or vehicle to stand on any
public highway within said distance of such school property.
D. No
peddler or solicitor shall falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale. No person shall by any
trick or device or by any false representation obtain or attempt to obtain
admission to the house or place of residence of any person in the Village.
E. No
peddler or solicitor shall 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.
F. It
shall be unlawful to 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 or
merchandise.
G. No
peddler or solicitor shall represent, state or otherwise indicate that he is
not intending to sell or enter into a contract with any person in the household
in order to gain access.
H. No
peddler or solicitor shall, in order to effectuate or assist in any sale or
solicitation, represent that he is engaged in any contest or in any way attempt
to induce a sale or solicitation by appealing to the sympathies of the person
so solicited.
I. Any
contract or sale made in violation of Subsections D, G or H shall be null and
void and of no effect as to the person solicited, and the merchandise delivered
shall be forfeited and any sums paid by the person so solicited shall become
immediately due and payable jointly and severally by the peddler or solicitor
and his principal.
§ 149-15. Orders.
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 made in duplicate,
stating the terms thereof and the amount paid in advance, and one copy shall be
given to the purchaser at the time the deposit is paid to the solicitor.
§ 149-16. Record of
applications and licenses granted.
It shall be
the duty of the Village Clerk to keep a record of all applications and of all
licenses granted under the provisions of this article giving the number and
date of each license, the fee paid and the date of suspension and/or revocation
of all licenses suspended or revoked.
§ 149-17. Penalty for
offenses.
A. The
violation of any provision of this article shall be punishable as provided in
§ 1-15 of Chapter 1, General Provisions, of this Code.
B. In
addition to the foregoing, the court may also suspend or revoke any license of
any person convicted of violating any of the provisions of this article.
