[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven 6-22-1970 as Ch. 14 of the 1970 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A building or store in which the person transacts business and deals
in the goods, wares and merchandise he hawks, peddles or solicits.
Any person, either principal or agent, who in any public street or
highway 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 standing in a street
or highway, sells or barters, offers for sale or barter or carries or exposes
for sale or barter any goods, wares or merchandise except as hereafter exempted.
One or more persons of either sex, corporations, partnerships, associations,
joint-stock companies, societies and all other entities of any kind.
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 or merchandise, except as hereinafter exempted, 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 merchants; having an
established place of business within the Village or their employees or to
the peddling of meats, fish, fruit and similar produce by farmers and persons
who produce such commodities; or to dealers in milk, baked goods, heating
oil and daily newspapers; to any honorably discharged member of the Armed
Forces of the United States who has procured a license under Article 4 of
the General Business Law of the State of New York; or to persons soliciting
or collecting for any bona fide charitable organization.
It shall be unlawful for any person within the Village of Fair Haven
to act as a hawker, peddler or solicitor, as herein defined, without first
having obtained and paid for and having in force and effect a license therefor.
Every applicant for a license as herein provided shall submit to the
Village Clerk a sworn statement setting forth the following information, to
wit: That he is a citizen of the United States; that he has never been convicted
of a felony or misdemeanor (or, if so, giving details); a statement of the
particular business, trade or occupation for which the license is requested;
the number and kind of vehicles, if any are to be used by applicant in carrying
on the business for which the license is requested; the kinds of goods, wares
and merchandise he desires to sell or the kind of service he desires to render;
the name, address and age of the applicant; the name and address of the person,
firm or corporation he represents; the names and addresses of all partners,
if a partnership; and the names and addresses of the principal officers if
a corporation and the name and address of a person upon whom a legal notice
may be served; and such other information as may be required by the Village
Clerk.
Upon receipt of such application, said application shall be referred
to the Chief of Police, who shall cause such investigation of the applicant's
business and moral character, to be made as he deems necessary for the protection
of the public good.
A.Â
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his reasons
for the same and return the said application to the Village Clerk who shall
notify the applicant that his application is disapproved and that no license
will be issued.
B.Â
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval and return
such application to the Village Clerk who shall, upon payment of the fee,
issue a license to the applicant. Such license shall contain the signature
of the issuing officer and shall show the name and address of said licensee,
the kind of goods to be sold thereunder, amount of fee paid, date of issuance
and length of time same shall be operative.
C.Â
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 be guilty of a violation of
this chapter. Such license shall automatically expire on January 1 following
the date of issuance thereof, but such license may provide for an earlier
expiration date. No applicant to whom a license has been refused or who has
had 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
or revocation no longer exists. Every licensee, while exercising his license,
shall carry the license with him and shall exhibit the same upon demand to
any police officer or citizen.
The annual fee for each license issued pursuant to this chapter shall
be $25.
Any licensee using a motor vehicle may employ not more than two persons
to assist in selling and delivering the wares, but such persons shall so act
only while accompanying a licensed peddler, hawker or solicitor.
A.Â
Licenses issued under the provisions of this chapter
may be revoked by the Board of Trustees for any of the following causes:
(1)Â
Fraud, misrepresentation or false statement contained
in the application for license.
(2)Â
Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler.
(3)Â
Any violation of this chapter,
(4)Â
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)Â
Conducting the business of peddling in an unlawful manner
or in such a manner to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
B.Â
Notice of hearing for revocation of a license shall be
given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed to the licensee
at his last known address at least five days prior to the date set for hearing.
A.Â
A licensed hawker, peddler or solicitor shall:
(1)Â
Not engage in such business at any time between the hours
of 9:00 p.m. and 7:00 a.m.
(2)Â
Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale, or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
(3)Â
Keep the vehicles and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects.
(4)Â
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes, or in
front of any premises for any time if the owner or any lessee of the premises
objects.
(5)Â
Not 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.
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,
stating the terms thereof and the amount paid in advance, and one copy shall
be given to the purchaser at the time the deposit of money is paid to the
solicitor.
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.
Any person violating any of the provisions of this chapter shall be
punished, upon conviction, by a fine not exceeding $250 for each violation.
In addition each violation of this enactment shall constitute disorderly conduct
and each person violating the same shall be a disorderly person. Each day
that a violation or failure to comply with any provision of this enactment
or any regulation promulgated hereunder by the Board of Trustees occurs shall
constitute a separate and distinct violation.
The provisions of this chapter are declared to be severable, and if
any section, sentence, clause or phrase of this chapter shall, for any reason,
be held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, sentences, clauses and phrases of
this chapter, but they shall remain in effect, it being the legislative intent
that this chapter shall stand notwithstanding the invalidity of any part.
All of Ordinance No. 7, adopted by the Board of Trustees of the Village
of Fair Haven October 17, 1966, is hereby repealed.
This chapter shall take effect upon final passage and publication as
provided by law.
