Village of Woodridge, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Woodridge 12-12-1960; amended in its entirety 11-6-2006 by L.L. No. 5-2006. Subsequent amendments noted where applicable.]

ARTICLE I
General provisions (§ 102-1 — § 102-15) 

ARTICLE II
Transient Retail Merchants (§ 102-16 — § 102-28) 

§ 102-1
Purpose. 

§ 102-2
Definitions. 

§ 102-3
License required. 

§ 102-4
Exemptions. 

§ 102-5
Application for license. 

§ 102-6
Grant of license. 

§ 102-7
Term of license; expiration. 

§ 102-8
Records. 

§ 102-9
Fees. 

§ 102-10
Restrictions. 

§ 102-11
Hours. 

§ 102-12
Registration by residents not desiring visits by solicitors or peddlers. 

§ 102-13
Revocation of license. 

§ 102-14
Appeals upon denial or revocation of license. 

§ 102-15
Penalties for offenses. 

§ 102-1 Purpose.

This chapter is enacted for the purpose of regulating itinerant merchandising in order that the peace, health, safety, welfare and good order in the Village and of its inhabitants shall not be endangered or unduly disturbed.

§ 102-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

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 or she solicits or peddles 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
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his possession or control, from house to house, 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 within the Village of Woodridge.
PERSON
Includes any individual, firm, partnership, corporation, unincorporated association and principal or agent thereof.
SOLICITING
The seeking, taking or accepting of contracts or orders for any goods, wares, or merchandise for future delivery, or for subscriptions, contributions or donations, from house to house, place of business to place of business or in any public street or public place in the Village of Woodridge, provided that the word "soliciting" shall not apply:
A. 

To the seeking of or taking of orders by any manufacturer or producer for the sale of bread or bakery products, milk or milk products, ice cream products, daily papers and/or any other person soliciting or selling recognized products with routes that have been heretofore regularly established within the Village of Woodridge.

B. 

To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the State of New York for insurance purposes.

SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.

§ 102-3 License required.

All solicitors, peddlers, or any person merchandising any goods, wares, commodities or service within the Village of Woodridge shall first obtain a license therefor from the Clerk of the Village, unless such soliciting, peddling or merchandising is at the personal request of the person solicited.

§ 102-4 Exemptions.

A. 

The provisions of this chapter shall not apply to the following:

(1) 

Any person soliciting at the express invitation of the person solicited or serving an established customer.

(2) 

A wholesaler selling articles to dealers or merchants who have an established place of business within the Village.

(3) 

A child regularly attending any public or parochial or private school or a representative of any established church maintaining a place of worship or a member of a veterans organization or a member of a fraternal organization or civic group. Any person coming within the provisions of this exemption shall only solicit or peddle in connection with an authorized activity of the organization of which such person is a member or the school which such person attends.

B. 

This chapter shall not apply so as to interfere unlawfully with interstate commerce.

§ 102-5 Application for license.

A. 

Every applicant for a license is required to submit to the Village Clerk a written application supplying, under oath, the following information:

(1) 

The name of the applicant.

(2) 

The applicant's permanent home residence.

(3) 

The name and address of the firm represented, if any.

(4) 

The length of time for which the license is required.

(5) 

A description of the goods, wares or commodities to be offered for sale, together with a true invoice of their amount, quality and value.

(6) 

The applicant's number of arrests or convictions for crimes and the nature thereof.

B. 

To the application must be appended a letter of authorization from the firm which the applicant purports to represent.

§ 102-6 Grant of license.

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 or prospective buyer.

§ 102-7 Term of license; expiration.

There shall be two types of licenses issued in accordance with this article: (1) a one-day license; or (2) a sixty-day license. Either license shall be revocable in the event of any violation of the terms and conditions of this article.

§ 102-8 Records.

The Village Clerk shall keep a record of the applications, the determinations thereon and of all licenses issued in accordance with this chapter. The record shall contain the name and address of the person licensed, the location of the business, the amount of the license fee paid and the date of revocation of all licenses revoked.

§ 102-9 Fees.

The license fees for all licenses issued hereunder shall be as set from time to time by resolution of the Board of Trustees.

§ 102-10 Restrictions.

A licensed solicitor or peddler shall:

A. 

Not willfully misstate the quantity or quality or any article offered for sale.

B. 

Not willfully offer for sale any article of any unwholesome or defective nature.

C. 

Not call attention to his or her goods by blowing a horn, by playing repetitive music or sounds, by ringing a bell other than a house doorbell, by shouting or crying or by any loud or unusual noise.

D. 

Not frequent any street in an exclusive nature so as to cause a private or public nuisance.

E. 

Keep the vehicle and/or receptacles used by him or her in furtherance of his or her licensed business in a sound, clean and sanitary condition.

F. 

Keep his or her edible articles offered for sale well protected from dirt, dust and insects.

G. 

Not stand or permit the vehicle used by him or her 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 the lessee of the property objects.

H. 

Not sell 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.

§ 102-11 Hours.

No person, peddler, solicitor or person engaged in merchandising, whether licensed or unlicensed, shall enter on private property, go from house to house, from place of business to place of business, or otherwise disturb persons in their residences or businesses on Sundays or between the hours of 7:00 p.m. and 9:00 a.m. any other day.

§ 102-12 Registration by residents not desiring visits by solicitors or peddlers.

A. 

Any resident of the Village of Woodridge not wanting to be visited or called upon by solicitors, peddlers or any person merchandising may register at the office of the Village Clerk on a list of registrants of the Village of Woodridge who do not desire to be visited or solicited at their homes, in the following manner:

(1) 

Said resident or residents shall either personally appear or, on forms supplied by the Village Clerk, register with the Village Clerk, advising that said resident or residents do not want solicitors or peddlers to call at their homes.

(2) 

The Village Clerk shall keep on file at all times a registration book showing the names and addresses of the residents of the Village of Woodridge who have registered as not wanting solicitors or peddlers to call at their homes.

(3) 

Said residents, in addition, shall be furnished a sticker by the Village Clerk, which may be affixed to the front door of the resident's principal residence advising that no soliciting and peddling can be done.

B. 

Every applicant shall personally read said list of residents of the Village of Woodridge who are registered as not wanting to be approached or contacted for the sale of goods, wares or merchandise and will sign an affidavit that said list has been reviewed by the applicant, and the applicant shall obtain from the Village Clerk a photostatic copy of said list.

C. 

Any resident or business of the Village of Woodridge not wanting to be visited or called upon by solicitors, peddlers or any person merchandising may place a sign affixed to the resident's principal residence or business advising that no soliciting and peddling can be done, in accordance with § 102-12A(3) of the Village of Woodridge Code.

D. 

It shall be unlawful for any person, peddler, solicitor or any person engaged in merchandising, whether licensed or unlicensed, to enter upon any residential or business premises in the Village of Woodridge where the owner, occupant or person legally in charge of the premises has posted at the entry to the premises a sign or sticker bearing the words "No Peddlers," "Solicitors," or words of similar import.

§ 102-13 Revocation of license.

A license may be summarily revoked by the Village Clerk by reason of a violation of the terms of the license, violation of any municipal law, state or federal statute or falsification in applying for a license. Written notice of such revocation, stating the terms thereof, shall be personally served upon the licensee or mailed to the address given in the application. Upon the filing of such notice of revocation in the Village Clerk's office, with affidavit of service by mailing, such license shall be revoked. A hearing upon the revocation of the license shall be granted the licensee if said licensee shall request such a hearing as hereinafter provided.

§ 102-14 Appeals upon denial or revocation of license.

In the event of the revocation of a license pursuant to the provisions of § 102-13 hereof or in the event of the denial of a license to any applicant by the Clerk, the applicant may request a hearing within a period of 30 days after such revocation, refusal or denial. Such requests shall be in writing and shall be made to the Village Board of the Village of Woodridge and filed with the Village Clerk within the period provided herein. The Village Board shall hear such applicant's request for a review of the determination of the Village Clerk.

§ 102-15 Penalties for offenses.

Any person who shall act as a solicitor or peddler, as herein defined, without a license or who shall violate any of the provisions of this chapter or who shall continue to act as a solicitor or peddler subsequent to the revocation of his or her license shall, upon conviction thereof, be subject to a fine not to exceed $250 and/or imprisonment for a term not to exceed 15 days, or both, for each day on which such violation occurs.

§ 102-16
Purpose. 

§ 102-17
Definitions. 

§ 102-18
Purpose. 

§ 102-19
License required; fee. 

§ 102-20
Restrictions. 

§ 102-21
License application. 

§ 102-22
Exemptions. 

§ 102-23
Term of license; expiration. 

§ 102-24
Location of transient business. 

§ 102-25
Revocation of license. 

§ 102-26
Penalties for offenses. 

§ 102-27
Severability. 

§ 102-28
When effective. 

§ 102-16 Purpose.

This article is enacted for the purpose of regulating the conduct and business practices of transient merchants within the Village of Woodridge.

§ 102-17 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
TRANSIENT RETAIL BUSINESS
A retail or wholesale business conducted in a temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on part of a public right-of-way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three months' or more duration, sealed by monetary consideration, shall be presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation.

§ 102-18 Purpose.

The purpose of this article is to assist the government of the Village of Woodridge, the management of its business, the preservation of good order and the peace, health, safety and welfare of its inhabitants and the protection and security of their property.

§ 102-19 License required; fee.

A. 

No person shall engage in business as a transient merchant unless he shall first obtain a license to do so from the Village Clerk no later than two business days before the first date of business.

B. 

The license fees for all licenses issued hereunder shall be as set from time to time by resolution of the Board of Trustees.

§ 102-20 Restrictions.

A. 

Transient retail merchants shall be subject to the restriction set forth in § 102-10

B. 

Transient retail merchants shall at all times maintain the area around which the transient retail merchant is located in sound, clean condition and shall leave the area in such condition at the end of each day of operation.

§ 102-21 License application.

An application for a transient merchant's license shall provide the following information:

A. 

The address of the applicant's residence.

B. 

The firm or firms represented, together with copies of documents establishing the firm's state or county, form of organization, ownership and qualifications to do business in the state and exact relationship between the firm and the transient merchant.

C. 

A brief description of the firm and the kind of goods or commodities the applicant desires to sell.

D. 

The hotel, room or other location where the applicant proposes to sell such merchandise and the time during which said business is to be conducted.

§ 102-22 Exemptions.

This article shall not be held to apply to any of the following:

A. 

Sales conducted pursuant to statute.

B. 

Sales conducted pursuant to the order by any court.

C. 

Any person selling personal property at wholesale to dealers in such articles.

D. 

The sale of fruits and vegetables raised on the property where being sold.

E. 

Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York.

F. 

Persons soliciting, collecting or operating a sale on behalf of any bona fide charitable, educational, scientific, health, religious, patriotic or other organization of worthy cause deemed to be in the public interest.

G. 

Any person selling personal property at a garage sale held at his residence.

§ 102-23 Term of license; expiration.

There shall be two types of licenses issued in accordance with this article: (1) a one-day license; or (2) a sixty-day license. Either license shall be revocable in the event of any violation of the terms and conditions of this article.

§ 102-24 Location of transient business.

Any transient retail business that intends to conduct business in a public right-of-way or municipal parking lot shall include in its application the location from which it intends to sell. The Village Clerk shall have the discretion, subject to Village Board review, to approve or disapprove the public location chosen by the transient retail business.

§ 102-25 Revocation of license.

A license may be summarily revoked by the Village Clerk by reason of a violation of the terms of the license, the violation of any municipal law, state or federal statute or falsification in applying for a license. Written notice of such revocation, stating the terms thereof, shall be personally served upon the licensee or mailed to the address given in the application. Upon the filing of such notice of revocation in the Village Clerk's office, with affidavit of service by mailing, such license shall be revoked. A hearing upon the revocation of the license shall be granted the licensee if said licensee shall request such a hearing as hereinafter provided.

§ 102-26 Penalties for offenses.

Any person violating the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be fined not less than $100 nor more than $200 for each offense and, further, shall be directed to obtain a license pursuant to this article, paying the appropriate fee. Every day that a violation of this article shall continue shall constitute a separate and distinct offense.

§ 102-27 Severability.

The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof for any reason is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this article.

§ 102-28 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State as required by the Municipal Home Rule Law.