[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa 5-13-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnership, associations, joint-stock companies, 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 who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
VENDOR, HAWKER AND PEDDLER
Except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car or on a railroad track or in any public street or public place or by going from house to house or place of business to place of business on foot or on or from any animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares and merchandise, except milk or newspapers.
A. 
Generally, 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 in such chapter or to any person selling personal property from their home if these sales do not exceed more than six days per year.
B. 
The licensing provisions of this chapter shall not apply to:
(1) 
Merchants having an established place of business within the Village of Ballston Spa or their employees conducting the business of their employer where such sales are conducted at such place of business.
(2) 
Resident farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens.
(3) 
Party plans.
(4) 
Calls in response to a prior invitation.
(5) 
Established religious, charitable or civic organizations established in the Village.
C. 
This chapter shall not be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit a request for future periodic route deliveries.
D. 
This chapter shall not apply to children under the age of 14 nor to children selling or soliciting for school functions.
It shall be unlawful for any persons within the corporate limits of the Village of Ballston Spa 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.
A. 
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. A separate application shall be filed and a separate license obtained for each individual who will act as a vendor, hawker, peddler or solicitor.
B. 
Such application shall give the following information:
(1) 
The vehicle identification number and a copy of the vehicle registration of any 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 he/she desires to sell or the kind of service he/she 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 he/she represents.
(6) 
The length of time the applicant desires the license.
(7) 
Any such other information as may be required by the Village Clerk.
C. 
Such application shall be accompanied by:
(1) 
A certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devises to be used by the applicant have been examined and approved.
(2) 
A certificate of an insurance company licensed to do business in the State of New York certifying that the Village of Ballston Spa is a named insured on a policy of insurance in the amount of $1,000,000 for any claims arising out of the applicants actions or activities pursuant to the license.
D. 
An application for a license as a solicitor who demands, accepts or receives payment of deposit of money in advance of final delivery shall also be accompanied by a bond to the Village of Ballston Spa approved as to form and surety by the attorney employed by the Village Board in the minimum sum of $10,000 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 on such order be refunded. If advanced payments will commonly be larger than $10,000, the Village Board will determine the amount of bond. Any person aggrieved by the action of any licensed solicitor shall have right by action on the 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 Ballston Spa for a period of 90 days after the expiration of any such license unless sooner released by the Village Board.
A. 
Upon filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall forward the application to the Building Inspector for his/her determination that the applicant is not in violation of Chapter 205, Zoning. Upon the certification of the Building Inspector that such applicant is not in violation of Chapter 205, Zoning, the application shall be submitted to the Village Board for approval by a majority thereof. The Village Clerk shall, upon approval by the Village Board of such application, issue to the applicant a license as provided in § 153-3 signed by said clerk.
B. 
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.
C. 
No license shall be issued to an applicant who is in violation of Chapter 205, Zoning.
D. 
No license shall be granted to a person under 14 years of age.
E. 
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he/she can show that the reason for such rejection no longer exists.
F. 
Every licensee, while exercising his/her license, shall carry the license with him/her and shall exhibit the same upon demand.
A. 
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 each be guilty of a violation of this chapter.
B. 
Whenever a license shall be lost or destroyed on the part of the holder or his/her agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Village Clerk upon the filing with him/her by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
A. 
All licenses shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his/her license, the date of issuance and expiration of the license fee paid and the name and address of the licensee.
B. 
Such license shall automatically expire on April 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date.
C. 
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
The license fee shall be as set forth from time to time by resolution of the Board of Trustees.
Every vehicle used by licensed vendor, hawker, peddler or solicitor in or about his/her business shall have the name and address of the licensee plainly, distinctly and legibly displayed in letters and figures at least two inches in length in a conspicuous place on the outside of the left and right side of every such vehicle, and such name shall be kept so displayed plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
A. 
The Village Board may at any time, for a violation of this chapter or any law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such 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.
B. 
No person who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last revocation unless he/she can show that the reason for such revocation no longer exists.
A licensed vendor, hawker, peddler or solicitor shall:
A. 
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions of merchandise.
B. 
Not use the license provided by the Village after the expiration or revocation of the license represented by them.
C. 
Keep the vehicles and receptacles used by him/her in a clean and sanitary condition and the food stuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
D. 
Not blow a horn, ring a bell or use any other noisy devise to attract public attention to his/her wares or shout or cry out his/her wares.
E. 
Not stand or permit the vehicle used by him/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 of or lessee of the ground floor thereof objects.
F. 
Not sell any wares or merchandise within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
G. 
Not permit any vehicle used by him/her to stop or remain on any crosswalk.
H. 
Not create or maintain any booth or stand or place 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.
I. 
Not stand in any public street to hawk his/her wares.
J. 
Not state or imply that the issuance of the license in any way represents approval endorsement or guarantee by any part of the government of the Village of Ballston Spa.
K. 
Not sell his/her wares in any area of the Village which is zoned as residential without specific authorization by the Village Board.[1]
[1]
Editor's Note: See Ch. 205, Zoning.
[Added 3-25-2002 by L.L. No. 1-2002[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GARAGE SALE
Any person selling property for a twenty-four-hour period from his/her home for the purpose of liquidating personal property irrespective of what the person designates the sale.
B. 
No person shall conduct a garage sale within the Village of Ballston Spa without a permit.
C. 
Any person wishing to obtain a permit must register with the Village Clerk in person or by telephone, and no fee for such permit shall be charged. The Village Clerk shall maintain a record of garage sale permits.
D. 
The Clerk shall not issue a permit to any person who has held six garage sales in the current year. Nothing contained herein shall apply to established religious, charitable, civic or municipal organizations.
E. 
No permit shall be necessary for the annual Village Garage Sale, nor shall such event apply to the six allowable garage sales permitted under this section.
[1]
Editor's Note: With the addition of this local law, former § 153-12, Penalties for offenses, was renumbered a § 153-13.
Any person who himself/herself or by his/her clerk, agent or employee who shall act as a vendor, hawker, peddler or solicitor, as herein defined, without a license or shall violate any of the provisions of this chapter or who, having had his/her license revoked, shall continue to act as a vendor, hawker, peddler or solicitor shall be liable to a fine of not more than $250 or to imprisonment for not more than 15 days, or both.