Village of Round Lake, NY Peddling and Soliciting

Includes one or more natural persons, corporations, partnerships, associations, joint-stock companies and societies and all other entities of any kind capable of being sued.

SOLICITOR

Includes any person who goes from place to place or house to house or stands in any public place taking or offering to take orders for goods, wares or merchandise, except newspapers, milk, meats, fish, fruit and farm produce, or for services to be performed in the future for making, manufacturing or repairing any article or thing whatsoever for future delivery.

VENDOR, HAWKER and PEDDLER

Includes, except as hereinafter expressly provided, any person, either principal or agent, who from any vehicle or boat or on a railroad track or in any public place or by going from house to house or place of business to place of business on foot sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers, meats, fish, fruits and farm produce.

§ 135-2 Exceptions.

Nothing in this chapter shall apply to sales conducted pursuant to statute or by order of any court or to any person selling personal property at wholesale to dealers. The licensing provisions of this chapter shall not apply to merchants having an established place of business within the Village of Round Lake or their employees; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; to party planners; or to calls in response to a prior invitation. This chapter shall not be construed to prevent route salesmen or other persons having established customers from soliciting a request for future periodic route deliveries.

This chapter shall not apply to solicitations by charitable, religious or civic organizations which have or maintain regular places of worship, chapters, lodges, troops or other regular meeting places within the Village of Round Lake or contiguous to the Village of Round Lake.

§ 135-3 License required.

It shall be unlawful for any person within the corporate limits of the Village of Round Lake to act as a vendor, hawker, peddler or solicitor, as herein defined, without first having obtained and paid for and having in force and effect a license therefor.

§ 135-4 Application; bond.

Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a form furnished by the Village Clerk. Such application shall state, at a minimum, the following:

(1)

The number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired.

(2)

The kind of goods, wares and merchandise that the applicant desires to sell or the kind of services that he desires to perform.

(3)

The method of distribution.

(4)

The name, address and age of the applicant.

(5)

The name and address of the person, firm or corporation which the applicant represents.

(6)

The length of time that the applicant desires to be licensed.

(7)

Such other information as may be required by the Village Clerk.

Such application shall be accompanied by the following:

(1)

A certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.

(2)

A letter of authorization from the person, firm or corporation which the applicant purports to represent.

(3)

Two photographs, at least two by two inches in size, clearly showing the head and shoulders of the applicant, one of which shall be attached to the license and the other of which shall be retained by the Village Clerk.

(4)

An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the Village of Round Lake, approved as to form by the Village Attorney, in the sum of $5,000, with a sufficient surety or sureties or sufficient collateral security conditioned for making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment of such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have the right of action on said bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the Village of Round Lake for a period of 90 days after the expiration of any such license unless sooner released by the Board of Trustees.

§ 135-5 Restrictions.

Upon filing of the application, bond and certificate as provided in § 135-4 of this chapter, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 135-3 of this chapter, signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. 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. All licenses shall state clearly the kind of vehicle to be used, the kinds of goods, wares and merchandise to be sold or services to be rendered, the number of the license, the date of issuance and expiration of the license fee paid and the name and address of the licensee. Such license shall automatically expire on January 1 following the date of its issuance, but such license may specifically state and provide for an earlier expiration date.

Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.

No license shall be granted to a person under 18 years of age.

No applicant to whom a license has been refused or who has had such a license revoked shall make further application until a period of at least six months shall elapse since said rejection or revocation unless he can show that the reason for such rejection no longer exists.

Every licensee shall carry the license with him while exercising his license and shall exhibit the same upon demand.

§ 135-6 License fees.

The license fee shall be as set by resolution of the Board of Trustees. There shall be an additional fee as set by resolution of the Board of Trustees for each duplicate license issued.

§ 135-7 Name and address on vehicle.

Every vehicle used by a licensed vendor, hawker, peddler or solicitor to conduct his business shall have the name and address of the licensee legibly printed in a conspicuous place on the outside of every such vehicle.

§ 135-8 Revocation of license.

The Village Clerk may, for a violation of this chapter, revoke any license issued hereunder. If a license shall be revoked, no refund of the unearned portion of the license fee shall be made. Notice of said revocation and the reason or reasons therefor, in writing, shall be served by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application.

§ 135-9 Unlawful acts.

A licensed vendor, hawker, peddler or solicitor shall comply with all New York State Department of Health rules and regulations concerning maintenance of vehicles, foodstuffs and edibles in a clean and sanitary condition; shall behave in an orderly and peaceful manner; shall immediately depart the premises of a householder, owner or occupant upon being requested to do so; and shall not engage in any of the following conduct:

Falsely or fraudulently misrepresenting the quantity, character or quality of any article offered for sale nor offer for sale any unwholesome, tainted or diseased provisions or merchandise.

Using the license after its expiration or revocation.

Blowing a horn, ringing a bell or using any other noisy device to attract public attention to his wares, nor shouting or crying out his wares.

Standing or permitting 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 lessee of the ground floor thereof objects.

Selling any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.

Permitting any vehicle used by him to stop or remain on any crosswalk.

Creating or maintaining any booth or stand nor placing 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.

Hawking, peddling, vending or soliciting orders for goods, wares or merchandise door to door before 10:00 a.m. or after 4:00 p.m.

Hawking, peddling, vending or soliciting orders for goods, wares or merchandise on private property without having obtained the prior written consent of the owners thereof and without having presented such written consent to the Board of Trustees.

Remaining stopped or standing at any one place for a period of time in excess of four hours within a twenty-four-hour period.

§ 135-10 Order taking.

All orders taken by licensed solicitors who demand, accept or receive payment for deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time that the deposit is paid to the solicitor.

§ 135-11 Records to be kept.

It shall be the duty of the Village Clerk to keep a record of all the applications made and of all licenses granted under the provisions of this chapter, which records shall state the number and date of each license, the name and residence of the person licensed, the amount of license fee paid and the date of revocation of all licenses revoked.

§ 135-12 Penalties for offenses.

Any person or agent, servant or employee of a person who shall act as a vendor, hawker, peddler or solicitor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a vendor, hawker, peddler or solicitor shall be liable to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment, for each offense.