This chapter is enacted by the Village of Hancock 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 Hancock."
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.
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 of, 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
engages in merchandising any goods, wares, commodities, books, periodicals
or services or who solicits contributions of goods or moneys by going
from house to house or place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor.
PERSON
Includes any individual, firm, partnership, corporation and
unincorporated association and principal or agent thereof.
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, the
Village Clerk shall investigate all applications 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. If, after
investigation of any application, the Village Clerk shall deny same,
he shall endorse on such application such disapproval and the reason
for same, and the Village Clerk shall forthwith notify the applicant
in writing of such denial and of his right of appeal as herein set
forth. 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 as set forth from time to time
by resolution of the Board of Trustees. 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 and the date of the license fee 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 §
77-6 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in §
77-11 of this chapter, shall have the right to appeal to the Board of Trustees of the Village of Hancock. 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 Board of Trustees 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 Board of Trustees on such appeal shall be final and conclusive.
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. Each day on which
such violation continues shall constitute a separate violation.