[Amended 12-2-1986 by L.L. No. 5-1986]
This chapter is enacted by the Village of Spencerport for the
purpose of regulating transient peddling, vending, soliciting and
commercial vending in order that the peace, health, safety, welfare
and good order of the Village and of its inhabitants shall not be
endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling
and Soliciting Law of the Village of Spencerport."
As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL VENDOR
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services and who operates out of a temporary trailer, mobile home
or any other object which does not have a permanent in-ground foundation.
[Added 12-2-1986 by L.L. No. 6-1986]
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
he peddles, vends or solicits in the ordinary and regular course of
business.
MERCHANDISING
The selling, bartering or trading, or offering to sell, barter
or trade, any goods, wares, commodities or services.
PEDDLER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who
goes upon the premises of any private residence or business, not having
been invited by the occupant thereof, carrying or transporting goods,
wares, merchandise or personal property of any nature and offering
the same for sale, or any person who goes upon the premises of any
private residence or business, not having been invited by the occupant
thereof for the purpose of taking or attempting to take orders for
the sale of goods, merchandise, wares or other personal property of
any nature for future delivery, or for services to be performed in
the future. This definition also includes any person who, without
invitation, goes upon private property, to request contribution of
funds or anything of value, or sell goods or services for political,
charitable, religious or other noncommercial purposes.
[Amended 6-5-1996 by L.L. No. 2-1996]
PERSON
Includes any individual, firm, partnership, corporation and
unincorporated association and principal or agent thereof.
[Amended 12-2-1986 by L.L. No. 7-1986]
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a peddler, vendor, solicitor or commercial
vendor, as herein defined, without first having duly obtained and
having in force and effect a license therefor.
Upon receipt of the application and of the license fee, and
if reasonably satisfied with the applicant's qualifications,
the Village Clerk shall issue a license to the applicant specifying
the particular business authorized and the location wherein it may
be conducted. This license shall be nontransferable and shall be in
the continuous possession of the licensee while engaged in the business
licensed. The license shall be produced upon the demand of any Village
official, prospective buyer, police officer or Sheriff or his deputies.
The licensing period shall be on a daily, monthly or annual
basis, and fees for the same shall be determined by the Village Board
from time to time. Such license shall not be transferable and shall
so state on the face thereof.
The Village Clerk shall keep a record of the applications, of
the determinations thereon and of all licenses issued in accordance
with this chapter. The record shall contain the name and residence
of the person licensed, the location of the business, the amount of
the license fee paid, the date the license fee was paid and the date
of revocation and/or expiration of all licenses revoked.
Any person aggrieved by the action of the Village Clerk in the denial of an application for a license, as provided in §
227-5 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in §
227-11 of this chapter, shall have the right to appeal to the Village Board of the Village of Spencerport. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
[Amended 2-2-1988 by L.L. No. 1-1988]
Any person who shall act as a peddler, vendor or solicitor,
as herein defined, without a license or who shall continue to act
as peddler, vendor or solicitor subsequent to the revocation of his
license shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both.