[HISTORY: Adopted by the Board of Trustees
of the Village of Colonie as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-28-1995 by L.L. No. 2-1995]
No person, persons or corporation shall place,
advertise or exhibit or permit or cause to be placed, advertised or
exhibited any property, goods or merchandise for sale closer than
25 feet to the nearest street line of the public streets of said village;
except, however, if the buildings adjoining thereto and on both sides
thereof are closer to the street than the aforesaid 25 feet, then
such property may be placed, advertised or exhibited at the same distance
from such street line as the front of said adjoining buildings.
Any person violating any provision of this Article
shall be punished by a fine not exceeding $250 and/or by imprisonment
for not more than 15 days.
[Adopted 8-28-1995 by L.L. No. 2-1995]
This Article shall be known and may be cited
as the "Hawking and Peddling Ordinance."
This Article is enacted for the purpose of regulating
and controlling itinerant merchandising of goods and services in order
that the peace, health, safety, welfare and good order of the village
and its inhabitants shall not be endangered or unduly disturbed.
As used in this Article, the following terms
shall have the meanings indicated:
A permanent building, store or premises in which or where
the person transacts business and deals in the goods or services he
hawks or peddles in the ordinary and regular course of business.
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods or services 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.
Refers to the selling, bartering or trading of or offering
to purchase, sell, barter or trade any goods or services.
Includes any individual, firm, partnership, corporation or
unincorporated association and any principal or agent thereof.
The use of a store, room or any other premises intended to
be occupied only for the period of time necessary to hawk or peddle
the goods therein housed initially without the intent to replenish
or restock such goods. In all prosecutions for a violation of this
Article, the intent of the defendant to conduct a regular and continuing
business shall be a material fact, and the burden of proving such
intent shall be upon the defendant.
A.
Merchandising any goods or services within the Village
of Colonie without first having obtained a license therefor from the
Clerk of the village is hereby prohibited.
B.
The license required under Subsection A above shall not be required in the following cases:
(1)
An honorably discharged member of the armed services
who is crippled as a result of injuries received while in the service
of the United States.
(2)
Any person soliciting at the prior express invitation
of the person solicited or serving an established customer.
(3)
A wholesaler selling articles to dealers or merchants
who have an established place of business in the village.
(5)
A child regularly attending any public or parochial
or private school or a representative of any established church or
a member of a veterans' organization or a member of a fraternal organization
or civic group, and further provided that any such person coming within
the provisions of any exemption shall only hawk or peddle in connection
with an authorized activity of his organization, church or school.
A.
Required information.
(1)
Every applicant for a license is required to submit
to the Village Clerk a written application supplying under oath the
following information:
(a)
The name of the applicant.
(b)
His permanent home address.
(c)
The name and address of the firm represented,
if any.
(d)
The length of time for which the license is
required.
(e)
A description of the goods to be offered for
sale or a statement as to the type of service to be offered.
(f)
The number of arrests or convictions for crime
and the nature thereof.
(2)
If the applicant represents a company, he must attach
a letter of authorization from said company.
B.
Every applicant shall submit with his application
a two-by-two-inch photograph taken within 30 days of the date of the
application, in triplicate. One copy shall be attached to the license,
one kept on file and one delivered to the Chief of the town police.
C.
Every applicant shall have a fingerprint impression
of the fingers and thumbs of both hands taken by the Police Department
of the town, and the photograph delivered to the Chief of Police shall
be attached to the fingerprint identification card and remain on file.
In the event that there is a charge for said fingerprinting, the applicant
shall pay therefor.
A.
Upon receipt of the application and of the license
fee in an amount set by the Board of Trustees by resolution from time
to time, and after consultation with the Village Board to determine
the applicant's qualifications, the Village Clerk shall issue a license
to the applicant specifying the particular business authorized.
B.
This license shall be nontransferable and shall be
in the continuous possession of the licensee while engaged in the
business licensed.
C.
The license shall be produced upon the demand of any
village official or prospective buyer.
The Village Clerk shall keep a record of the
applications, the determinations thereon and of all licenses issued
under this Article. All licenses shall expire 90 days from the date
of issuance.
The license fee for each applicant shall be
as set by resolution of the Board of Trustees from time to time.
A license may be summarily revoked by the Village
Clerk, after consultation with the Village Board, by reason of falsification
in applying for a license or for hawking and peddling in a manner
that is obnoxious to the residents of the village or for creating
or continuing a nuisance in the village streets.
No peddler permits involving temporary occupation of any premises zoned Commercial A, B or D (see Chapter 242) shall be issued.
Any person who shall act as a hawker or peddler,
as herein defined, without a license or who shall continue to act
as a hawker or peddler subsequent to the revocation of his license
shall incur a penalty of not more than $250 and/or imprisonment for
not more than 15 days for each day on which such violation continues.
