As used in this chapter, the following terms
shall have the meanings indicated:
SOLICITOR
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, or for service to be
performed in the future, or for making, manufacturing or repairing
any article or thing whatsoever for future delivery.
VENDOR, HAWKER OR PEDDLER
Except as hereinafter expressly provided, any person, either
principal or agent, who, from any boat or car, on a railroad track
or on any public street or public place, or by going from house to
house on foot 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 or merchandise.
No person shall engage in a business, occupation
or activity (hereinafter collectively referred to as "vending" or
to vend" of a vendor, hawker, peddler, salesman, canvasser or solicitor
of goods, wares and merchandise, as buyer or seller (hereinafter called
"vendor" or "vendors"), in the public streets and places and from
door to door within the City without first applying for and securing
a license, hereinafter called a "vendor's license," as hereinafter
provided.
The license issued hereunder shall be for a
term expiring on December 31 of the year in which the same is issued.
Such license shall be signed by the City Clerk. The form shall include
the name and address of the applicant; the name and address of the
person, if any, for or through whom or under whose auspices the applicant
is authorized to vend, or, if none, a statement to such effect; a
brief description of the type or types of the goods, wares and merchandise
to be vended; and the expiration date of the license.
Any license issued hereunder may be revoked
by the Mayor for any violation of this chapter or other sufficient
cause shown, after a hearing on three days' written notice of cause
of revocation and at which the licensed person shall be given an opportunity
to be heard. Such written notice shall be given by registered mail,
addressed to the local address set forth in the application of the
licensed person, or delivered personally to the licensed person. In
the event that the license is revoked, there shall be no return of
the registration fee.
The license herein provided for is not assignable.
It may be renewed at its expiration only upon the execution and approval
of a new application.
Any vendor carrying, keeping or using scales,
measures or other appliances for weighing or measuring shall first
have the same inspected by the Sealer of Weights and Measures, and
if the latter shall find such appliances correct and true he shall
issue his certificate to that effect and such certificate shall be
affixed thereto in a conspicuous place. A vendor shall not carry,
keep for use or use any such appliances which shall not be correct
and true and do not record and give the weight and quantity claimed
by said vendor.
[Amended 11-2-1983]
The following persons or organizations shall
be required to obtain a vendor's license in the manner required by
this chapter, except that such persons or organizations shall be exempt
from any fee provisions otherwise required by this chapter:
A. Honorably discharged members of the Armed Forces of
the United States and a veteran of any war who shall have obtained
a license from the County Clerk of the County of Niagara pursuant
to the provisions of § 32 of the General Business Law of
the State of New York. However, such persons must present the license
issued by the County Clerk to the City Clerk, who will issue a City
license without payment of registration fee. Such persons shall otherwise
be subject to the requirements of this chapter.
B. Vendors of newspapers, farmers and growers of farm
and garden produce.
C. Salesmen calling on and selling directly to governmental,
business and commercial establishments.
D. Salesmen duly licensed by the State of New York while
engaged in the activity for which they are licensed.
E. Minors 18 years of age or under engaged in providing
such services as snow shoveling, grass cutting, leaf raking, lawn
clearing and other similar home services as an independent contractor.
F. Solicitations, sales or offers on behalf of a society,
association or corporation organized and operated exclusively for
charitable, educational, civic, patriotic, benevolent, religious,
philanthropic purposes and not for pecuniary benefit, no part of the
net earnings of which inure to the benefit of any private shareholder
or individual, when such solicitation, sale or offer is carried out
on behalf of such society, association or corporation by volunteers
or persons employed on an annual basis for a fixed wage or salary.
G. Solicitations at the regularly appointed meetings
or services in the regular place of worship or exercises of any church,
religious society, lodge, benevolent order or fraternity, labor union,
veterans organization or political party, fire company or any branch
thereof.
[Added 11-2-1983]
An offense against the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.