[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 2-6-1967
as Ch. 30 of the 1967 Code of the Village of Carthage. Amendments noted where
applicable.]
No person, firm or corporation shall hawk, peddle, sell or dispose of
any goods, wares or merchandise, food or food products or personal property
of any kind or description or engage in the business of hawking or peddling
any goods, wares or merchandise of any description from any wagon, cart, car,
pack, booth or stand or in any other manner whatsoever in any street or public
place in the Village of Carthage, nor shall any person, firm or corporation
canvass or solicit orders or solicit trade or business of any nature whatever
for the purchase or sale of any goods, wares or merchandise by going from
house to house within the said Village of Carthage without first procuring
a license therefor from the Village Clerk.
A.Â
The Clerk shall not grant such license unless he is satisfied
that the person applying for the same is a proper person to conduct such business.
B.Â
Such license may be granted after written application
therefor filed with the Village Clerk specifying the name, age and address
of the applicant, firm or corporation he represents, the length of time the
applicant desires the license, the kind of goods, wares and merchandise he
desires to sell, the method of disposition and such other information and
proof, including satisfactory proof of good character, as may be required
by the Clerk; that said application shall be also submitted to the Chief of
Police of the Village of Carthage and shall be approved by him prior to issuance.
C.Â
Such license, if for hawking and peddling, shall entitle
the licensee to sell and dispose of goods, wares or merchandise from any vehicle,
wagon or stand for the period of one year from the date of such license. The
license fee for the peddling or hawking of goods, wares or merchandise is
hereby fixed at the sum of $50 per year or $10 per day for each vehicle and
two persons.
[Amended 10-21-1985 by L.L. No. 10-1985]
D.Â
A license, if for canvassing or soliciting orders for
the purchase or sale of goods, wares or merchandise, shall entitle the licensee
to canvass and solicit orders for the purchase or sale of goods, wares or
merchandise for the period of one year from the date of such license. The
license fee for canvassing orders, or soliciting trade or business of any
nature whatever, for the sale of any goods, wares or merchandise is hereby
fixed at the sum of $50 per year or $10 per day for each person, and, before
securing such license, the applicant shall provide a bond in the sum of $500
by a duly authorized bonding company conditioned for the satisfactory performance
of his duties to all persons to whom he shall consign goods for sale and to
all persons who shall purchase goods from said applicant.
[Amended 10-21-1985 by L.L. No. 10-1985]
As used in this chapter, the following terms shall have the meanings
indicated:
Except as hereinafter expressly provided, any person, either principal
or agent, who, from any boat, or car on a railroad track, or in 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 animal or vehicle, sells or
barters, offers for sale or barter or carries or exposes for sale or barter
any goods, wares or merchandise, except milk.
Any person who goes from place to place or house to house or who
stands in any street or public place taking or offering to take orders for
goods, wares, merchandise, except milk, or for services to be performed in
the future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court, to any person selling personal
property at wholesale to dealers in such articles, to farmers and truck gardeners
who themselves or through their employees vend, sell or dispose of products
of their own farms or gardens, to any honorably discharged soldier, sailor
or marine who has procured a license as provided by the General Business Law
of the State of New York or to any bona fide resident of the Village of Carthage
or the Village of West Carthage. This chapter shall also not apply so as unlawfully
to interfere with interstate commerce.
The Clerk may at any time for a violation of this chapter revoke any
license. When a license shall be revoked, no refund or unearned portion of
the license shall be made. Notice of such revocation and the reason or reasons
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, and upon filing a copy of such notice in the Village Clerk's
office, with affidavit of service of mailing, such license shall be revoked.
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 chapter, giving the
number and date of each license, the name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
A licensed peddler or solicitor shall:
A.Â
Not stand or permit the vehicle used by him to stand
in one place at any public place or street for more than 10 minutes or in
front of any premises for any time if the owner of or the lessee of the ground
floor objects.
B.Â
Not sell confectionery, or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
The Village Clerk shall supply badges to licensed hawkers, peddlers
and solicitors.
A.Â
Such badges shall not be transferred or assigned. On
expiration of the license, the licensee shall surrender his badge to the Village
Clerk.
B.Â
It shall also be unlawful for any person to wear or have
in his possession such badge unless the license is issued.
C.Â
Such licensee, while exercising his license, shall wear
on the front of his outermost garment the badge as provided.
D.Â
A charge of $2 shall be made by the Village Clerk for
each badge, which sum shall be refunded when the badge is returned by the
licensee.
[Amended 10-21-1985 by L.L. No. 10-1985; 8-5-1991
by L.L. No. 2-1991]
Any person committing an offense against any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 5 of the Code and, in addition, shall have his or her license revoked.
