§ 77-1License required; form of application; exceptions.
§ 77-2Processing of application; issuance.
§ 77-5Revocation of license.
No person, firm, group, association or corporation shall hawk, vend, peddle or offer for sale, in or upon any street, park or other public place or by going from house to house in the Village of Churchville any goods, wares or merchandise, and no person shall solicit from place to place or on any street or public place in said village orders for the sale of goods, wares, merchandise, periodicals or other commodities or for services to be performed or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery or for the purpose of obtaining contributions of money, goods or services, without first obtaining a peddling and soliciting license from the Village Clerk in accordance with the provisions of this chapter. The fee for such license shall be fixed at $25. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Village Clerk. The form for such application shall be as prescribed by the Village Clerk and shall contain the following information:
The name and address of the applicant.
If the applicant is a partnership, firm, group, association or corporation, the name, address and title of an officer upon whom process or other legal notice may be served within the State of New York.
If the applicant is a salesman or agent of a partnership, firm, group, association or corporation, a letter of authorization from such partnership, firm, group, association or corporation that the salesman or agent is authorized to act on its behalf.
If the applicant is a person, two photographs of the applicant taken not more than 60 days prior to the date of filing of the application, which pictures shall approximately be 2 inches x 2 inches, showing the head and shoulders of the applicant in a clear, distinguishing manner. The applicant shall keep one photograph and place one photograph on file with the Village Clerk.
A record of all felonies or misdemeanors with which the applicant has been charged and the disposition of each such charge, if any.
A listing of all licenses for peddling or vending issued by any state, municipality or other authority presently held by the applicant and all instances in which such licenses may have been revoked or suspended.
If motor vehicles are to be used in any manner in connection within the applicant's business or sales within the village, the name and address of the registered owner of the motor vehicle and a description of the motor vehicle or motor vehicles to be used, together with the license number of each motor vehicle.
Any other information or documentation which may, from time to time, be reasonably required by the Board of Trustees.
Such license shall not be required of any holder of a license granted pursuant to § 32 of the General Business Law of the State of New York (licenses to veterans of the Armed Forces of the United States).
Religious, civic or philanthropic organizations located in the Village of Churchville or student groups pursuant to a school-sanctioned, class-sponsored fundraising program shall be required to obtain a license, unless waived by the Mayor, and the fee for the same may be waived by the Mayor.
After completion of the application, the Village Clerk shall make such investigation of the applicant as is deemed necessary for the protection of the public safety and welfare. The Clerk shall have the right to deny the issuance of a license if:
Upon completion of such investigation, the Village Clerk shall notify the applicant that the application is approved or disapproved.
All licenses shall be personal to the persons covered thereunder, shall not be assignable and shall be carried on the person of the applicant at all times that he is engaged in peddling and soliciting within the village and shall be exhibited to any person upon request.
Such license, when issued, shall contain the following:
The name and address of the person to whom it is issued.
The name, address and picture of each person or persons who shall hawk, vend, peddle, offer for sale or solicit thereunder.
The expiration date.
The license number.
The signature of the Village Clerk.
The Seal of the village.
Any person aggrieved by the action of the Clerk in the denial of a license shall have the right to appeal to the Mayor. Such appeal shall be taken by filing with the Clerk, within 10 days after denial, a written statement setting forth fully the grounds for the appeal. The Clerk shall set a time and place for the hearing of such appeal, reasonable notice of which shall be given to the applicant. The decision of the Mayor on such appeal shall be final and conclusive.
No license under this chapter shall be valid except during the hours of 9:00 a.m. to 9:00 p.m. on Monday through Saturday of each week, legal holidays excepted, without special written permission of the issuing officer.
No licensee hereunder shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or service to be rendered.
It shall be unlawful for any licensee to enter upon any premises or property or to ring the bell or knock upon or enter any building wherein there is painted or otherwise affixed or displayed to the public view any sign containing any of the following words: "No peddlers," "no solicitors" or "no agents" or other wording, the purpose of which purports to prohibit peddling or soliciting upon the premises.
No licensee shall stand or permit 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 or in any place if traffic is thereby obstructed.
The Village Clerk may, at any time for a violation of this chapter or any other law or regulation, revoke any license issued hereunder. When a license is revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and of reason therefor shall be in writing and served by the Village Clerk by first-class mail to the address of the licensee as set forth on the application. Revocation of a license may be appealed to the Mayor in the same manner as set forth in § 77-3 of this chapter. The licensee may not peddle or solicit during the pendency of such appeal.