[HISTORY: Adopted by the Board of Trustees of the Village of Owego 12-1-1969
as Ch. 11, Art. II, of the 1969 Code of Ordinances. Amendments noted where
applicable.]
The purpose of this chapter is to require the licensing of hawkers,
peddlers and solicitors operating within the village in order to protect the
residents of the village from the fraudulent and criminal practices of unscrupulous
persons posing as hawkers, peddlers or solicitors engaged in lawful business.
As used in this chapter, the following words, terms and phrases shall
have the meanings herein ascribed to them:
One who goes from place to place or from house to house or from street
to street or who stands in a street or upon a sidewalk selling, bartering
or offering for sale or barter any items whatsoever, including but not limited
to the following: goods, wares, merchandise, magazines, food products and
farm products.
One who goes from place to place or from house to house or from street
to street or who stands in a street or upon a sidewalk taking orders for any
items whatsoever, including but not limited to the following: goods, wares,
merchandise, magazines, food products and farm produce, which items are to
be delivered in the future; or for services to be performed in the future;
or for making, manufacturing or repairing any article or thing to be delivered
in the future.
No person shall act as a hawker, peddler or solicitor as herein defined
within the village limits without first having obtained a license from the
Village Clerk-Treasurer.
A.
No license shall be issued by the Village Clerk-Treasurer
unless the following information is furnished by the applicant for the license:
(1)
The name of the applicant; permanent address; temporary
address.
(2)
Phone number; social security number.
(3)
Age; a brief physical description, including height,
weight and color of eyes and hair.
(4)
Driver's license number; car license number.
(5)
The company represented; the address of the company.
(6)
A description of the items hawked, peddled or for which
orders are being solicited.
B.
The applicant shall also furnish the names of two persons
as character references and also a passport-size photograph taken within two
months preceding the application.
The fees for licenses issued pursuant to this chapter shall be set forth
from time to time by resolution of the Board of Trustees.[2]
No charge shall be made for the licensing of a veteran or the widow
of a veteran, provided that such veteran or his widow shall be residents of
Tioga County and shall have in effect and shall exhibit to the Village Clerk-Treasurer
a Tioga County license issued pursuant to § 32 of the General Business
Law of the State of New York.
The Village Clerk-Treasurer shall revoke the license of any person who
has made a false statement on his license application or who has been convicted
of a crime, one of the elements of which is a fraudulent intent, while having
in effect a license issued under this chapter. Notice of revocation shall
be sent immediately to such person at the permanent address listed on the
license application.
Each licensee under this chapter, when acting as a hawker, peddler or
solicitor, shall display his license in the holder provided by the village,
which holder shall be affixed to the chest area of the licensee's outer
garment.
The Village Clerk-Treasurer shall file and retain each application for
a hawker's, peddler's or solicitor's license for a period of
10 years following the date of the application. He shall also keep a record
of all licenses issued under this chapter and shall note thereon all revocations
of licenses.
A.
No person shall be required to secure a license under
this chapter who has a valid license issued by the New York State Department
of Social Welfare or who is acting as a hawker, peddler or solicitor on behalf
of a religious, charitable, fraternal, service or civil organization.
B.
No person who calls at business places exclusively or
at only those places where he has been requested by telephone or by letter
to call shall be required to secure a license under this chapter.
C.
No person who deals exclusively in milk, milk products,
newspapers or farm products produced by him or his employer shall be required
to secure a license under this chapter.
Any person who shall act as a hawker, peddler or solicitor as herein
defined without first securing a license from the Village Clerk-Treasurer
or who shall continue to act as a hawker, peddler or solicitor after his license
has expired or has been revoked shall, on conviction, be subject to a fine
of nor more than $250 or to imprisonment for not more than 15 days, or to
both such fine and imprisonment.
