[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont 5-20-1991 by L.L. No. 2-1991. Amendments
noted where applicable.]
A.
No person or entity shall engage in any of the following
activities within the Village of Larchmont without first obtaining
a license as herein provided:
(1)
Itinerant trading, hawking or peddling;
(2)
Making sales from door to door, in public places or
upon or adjacent to public streets and highways; or
(3)
Taking orders for future delivery of goods, produce,
wares, books, magazines, periodicals or merchandise of any description
from door to door, in public places or upon or adjacent to public
streets and highways.
B.
A license shall be obtained by each individual conducting
such activities, whether owner, agent or employee.
A.
Such licensing requirement shall not apply to any
person, firm or corporation operating from a storefront to which orders
may be given through or for a delivery person.
B.
Such licensing requirements shall not apply to sales
of or taking orders for merchandise by persons 18 years of age or
under if the merchandise being sold is for the support of a not-for-profit
organization which the seller participates in, such as school-sponsored
activities, cub scouts, girl scouts, church organizations and the
like.
[Amended 4-17-2017 by L.L. No. 3-2017]
Each applicant for a license pursuant to this chapter shall
pay a fee to the Village of Larchmont, such fee to be fixed by the
Village Board from time to time.
A.
Every applicant for a license is required to file
with the Village Clerk a written application supplying the following
information:
(1)
The particular business, trade or occupation for which
the license is requested.
(2)
The manner or means of conveyance in which the business,
trade or occupation is to be conducted.
(3)
The name and address and age of the applicant and
the name of the person, firm or corporation the applicant represents.
B.
Criminal history.
(1)
The village may conduct a criminal history check for
any permit application.
(3)
Applicants may be fingerprinted by the Village of
Larchmont Police, who will then submit the fingerprints to the Division
of Criminal Justice Services for a criminal background investigation.
(4)
In addition to any fees provided for hereunder, the
applicant shall be charged the processing fee for a full search and
return from the Division of Criminal Justice Services.
The license provided for herein shall be issued
by the Village Clerk upon approval of the Village Board.
Any honorably discharged member of the Armed
Forces of the United States, holding a license pursuant to § 32
of the General Business Law, must file a further application with
the Village Clerk for the issuance of a local license under the same
conditions as any other peddler. No fee shall be required of any such
veteran of the Armed Forces of the United States, except that conveyances
not owned by such veteran shall be licensed at the usual fee.
A.
Exclusive rights; congested areas.
(1)
No peddler or solicitor shall have any exclusive right
to any one location on any street or on any public property, nor shall
any peddler or solicitor be permitted to occupy any stationary location
in the village with his cart, wagon or vehicle while selling his merchandise,
except that he may stop in safe and lawful places to sell goods when
flagged down by customers. After such sale(s) are completed, he must
move on.
(2)
No person may peddle or solicit in any congested place
or area when or where said activity may impede or inconvenience the
public or add to the congestion in such place or area. For the purpose
of this subsection, the judgment of any peace officer or police officer,
exercised in good faith, shall be deemed conclusive as to the existence
of congestion and as to whether the public is impeded or inconvenienced.
B.
Notwithstanding the foregoing, any permit to operate
in a stationary location issued prior to the effective date of this
chapter shall remain in effect thereafter until it expires by its
terms. The Village Board, in its discretion, may renew such permit
for the same or a different location from time to time after the effective
date of this chapter.
The Village Board may, in its discretion, for
cause, revoke any license previously issued without refund of any
fee paid. Prior to such revocation, the license holder shall be given
notice and an opportunity to be heard. If awaiting such opportunity
might pose a threat to the public, the Village Board may suspend the
license pending the license holder's opportunity to be heard.
Any violation of this chapter shall be punishable
by a fine of up to $250 or by imprisonment not exceeding 30 days,
or by both such fine and imprisonment.
