[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 7-19-1993 by L.L. No. 3-1993. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 132.
It shall be unlawful for any person to engage in the business of peddler or solicitor as defined in § 165-2 of this chapter within the limits of the Village of Haverstraw without first obtaining a license as provided herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person whether a resident or not, traveling by foot,
truck or motor vehicle or by any other means of transportation, who
engages in the activity of taking orders, selling or attempting to
sell and delivering of goods, wares and merchandise in the Village
of Haverstraw, who calls on residents or merchants in the village
or who establishes a sales location other than in a building or storefront
shall be deemed a peddler or solicitor for purposes of this chapter.
Includes any person, firm or corporation, association, club,
copartnership or society or any other organization.
Any person selling, causing to be sold, offering for sale
or taking orders for present or future delivery of merchandise of
food, goods, wares, and merchandise in or upon Village property.
[Added 7-19-2021 by L.L.
No. 9-2021]
A.
This chapter shall not apply to sales people who sell
to merchants on a wholesale basis, provided that the merchandise is
intended for retail sale or use by merchants in their business.
B.
This chapter shall not apply to not-for-profit organizations
that have received such status from the Internal Revenue Service.
C.
The holder of a license granted pursuant to Article 4 of the General
Business Law of the State of New York.
[Added 11-21-2016 by L.L.
No. 7-2016]
D.
A child regularly attending any public or parochial or private school
located within the Town of Haverstraw or a representative of any established
church maintaining a place of worship within the Village or a member
of a veteran's organization, provided that such organization has and
maintains a chapter, post, lodge, camp or other group within the Town
of Haverstraw, or a member of a fraternal organization or a civic
group, provided that such fraternal organization or civic group maintains
a chapter or local organization and further provided that any person
coming within the provisions of this exemption shall only hawk or
peddle in connection with an authorized activity of the organization
of which they are a member or the school which they attend.
[Added 11-21-2016 by L.L.
No. 7-2016]
E.
This chapter shall not apply to sale of daily newspapers, nor shall
it be interpreted as intending to, nor shall it be construed to unlawfully
interfere with the conduct of interstate commerce or the impairment
of the rights of free speech, press or publication. It shall be construed
as implementing and not as limiting the purposes and provisions of
the New York State home solicitation sales act.
[Added 11-21-2016 by L.L.
No. 7-2016]
F.
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
[Added 11-21-2016 by L.L.
No. 7-2016]
Applicants for a license under this chapter
must file with the Village Clerk a sworn application in writing (in
duplicate) on a form to be furnished by the Village Clerk, which shall
give the following information:
A.
Name and description of the applicant.
B.
Address, legal and local.
C.
A brief description of the nature of the business
and the goods to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the right to do business
is desired.
F.
If a vehicle is to be used, a description of the same,
together with license number or other means of identification.
G.
A photograph of the applicant taken within 60 days
immediately prior to the date of the filing of the application, which
picture shall be two inches by two inches showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefore.
I.
If the
applicant is a vendor, a description, location, hours of operation,
and size of pushcart, trailer, booth or stand used to sell the food,
goods, wares, and merchandise.
[Added 7-19-2021 by L.L. No. 9-2021[1]]
K.
All applicants for a license shall submit a New York
State Sales Tax Resale Certificate, as required by law.
L.
All applicants for a license shall submit proof of all applicable
licenses and registrations required as applicable from the New York
State Department of Agriculture and Markets and Rockland County Department
of Health.
[Added 7-19-2021 by L.L.
No. 9-2021]
Upon receipt of such application, the original
shall be referred to the Chief of Police, who shall cause such investigation
of the applicant to be made to determine if he or she has been convicted
of any crime.
A.
If as a result of such investigation the applicant
is found to have been convicted of a crime, the Chief of Police shall
endorse on such application his or her disapproval and his or her
reasons for the same and return said application to the Village Clerk,
who shall notify the applicant that his or her application is disapproved
and that a license will not be issued.
B.
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 or her approval
of the application to the Village Clerk, who shall, upon payment of
the prescribed license fee, deliver to the applicant his or her license.
Such license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee,
the kind of goods to be sold thereunder, the amount of fee paid, the
date of issuance as well as the license number and other identifying
description of any vehicle used in such peddling.
[Amended 8-11-1997 by L.L. No. 4-1997]
[Amended 1-18-1994 by L.L. No. 2-1994; 8-11-1997 by L.L. No.
4-1997]
The fee shall be as set forth in the village
schedule of fees.[1] In the event that a license is issued to a business entity
consisting of more than one individual, each such individual employed
by such entity shall be required to have their own license. No portion
of the fee shall be refundable upon surrender of the license.
No license issued under the provisions of this
chapter shall be used at any time by any other person than the one
to whom it was issued.
[Amended 1-16-2018 by L.L. No. 1-2018]
It shall be unlawful for any persons to panhandle or to solicit
employment, business, contributions, exchanges of items, seek gifts,
sales of any kind, or collect monies from such activities, directly
from the occupant of any vehicle traveling upon any public street,
interstate or highway, including any intersection where there is a
traffic device.
[Added 11-21-2016 by L.L.
No. 7-2016]
Any applicant obtaining a license shall not enter or solicit
upon any residential premises clearly displaying a sticker provided
by the Village of Haverstraw indicating they do not want solicitors
on the property.
The issuance of a license will not constitute
permission to peddle or solicit upon or within 100 feet of Broadway,
Main Street, New Main Street, West Street up to Fairmount Avenue,
nor within 250 feet of any school building.
Peddlers or solicitors are required to exhibit
their licenses at the request of any citizen.
It shall be the duty of any police officer of
the Village of Haverstraw to require any person seen peddling or soliciting
and who is not known by such officer to be duly licensed, to produce
his or her license, and to enforce the provisions of this chapter
against any person found to be violating the same.
The Chief of Police shall report to the Village
Clerk all convictions for violation of this chapter and the Village
Clerk shall maintain a record for each license issued and record the
reports of violations therein.
A.
Causes. Licenses issued under the provisions of this
chapter may be revoked by the Board of Trustees of the Village of
Haverstraw after notice and hearing, for any of the following causes.
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddling in an unlawful
manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the public.
B.
Notice of hearing for revocation of a license shall
be given in writing, set forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his or her last known address, at least
five days prior to the date set for hearing.
All licenses issued under the provisions of
this chapter shall expire on the 31st day of December in the year
issued.
[Amended 8-11-1997 by L.L. No. 4-1997; 11-21-2016 by L.L. No. 7-2016; 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation, company
or business entity who shall act as a hawker or peddler, as herein
defined, without a license, or who shall violate any of the provisions
of this chapter, or who shall continue to act as a hawker or peddler
subsequent to the revocation of his license, shall be subject to a
penalty as set forth below. The continuation or repeat of a violation
of, or failure to comply with, any provision of this chapter shall
constitute, for each occurrence that transpires or each day on which
the violation continues, a separate and distinct charge hereunder.
Any such charge, under this chapter, shall be a petty offense or infraction,
and not a crime.
A.
For a first offense, a fine of not less than $500 and not more than
$1,500;
B.
For a second offense within 24 months, as measured from occurrence
to occurrence, a fine of not less than $1,500 and not more than $3,500;
C.
For a third, or more, offense within 24 months, a fine of not less
than $3,500 and not more than $10,000, or imprisonment not to exceed
30 days, or both.
