[HISTORY: Adopted by the Board of Trustees of the Village of Rouses Point 6-1-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, § 1-13.
Use of streets and sidewalks — See Ch. 100, Arts. I and V.
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where a person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours.
HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car 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 or merchandise, except milk, newspapers and periodicals.
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, 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, collecting any funds or 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.
[Amended 9-2-1976 by L.L. No. 8-1976]
[Amended 4-18-1983 by L.L. No. 1-1983]
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within Clinton County or their employees, soliciting orders from customers and delivering the same; to farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens; to any honorably discharged soldier, sailor or marine who has procured a license as provided by the General Business Law of the State of New York; to berry pickers who sell berries of their own picking; or to persons engaged in fishing in the waters adjacent to the Village of Rouses Point, New York, when such is sold by the person catching the same.
It shall be unlawful for any person within the corporate limits of the Village of Rouses Point, New York, to act as a 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 Mayor a written application upon a blank form prepared by the Village Clerk and furnished by the Village and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired; the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform; the method of distribution; the name, address and age of the applicant; the name and address of the person, firm or corporation he represents; the length of time the applicant desires the license; and such other information as may be required by the Mayor. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
B. 
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the Village of Rouses Point, New York, approved as to form and surety by the Village Attorney, in the penal sum of $1,000, with 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. Any person aggrieved by the action of any licensed solicitor shall have the right, by action on the bond, to recover 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 Rouses Point, New York, for a period of 90 days after the expiration of any such license, unless sooner ordered released by the Mayor.
A. 
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, after the Mayor's approval of such application, issue to the applicant a license as provided in § 88-3, signed by the Village Clerk. 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.
B. 
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.
C. 
Whenever a license shall be lost or destroyed on the part of the holder or his 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 by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
D. 
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and 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 the license, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
E. 
Such licenses shall automatically expire on January 1 following the date of issuance of such license, but such licenses may specifically state and provide for an earlier expiration date.
F. 
Such license shall include the right to use only one vehicle in carrying on the business for which the person in licensed.
G. 
No license shall be granted to a person under 21 years of age.
H. 
No applicant to whom a license has been refused or 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 previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
I. 
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
J. 
A license shall be issued in duplicate, the duplicate copy thereof to be furnished to the Chief of Police.
[Amended 9-22-1976 by L.L. No. 8-1976; 7-21-1980 by L.L. No. 4-1980]
A. 
The license fees shall be as follows:
(1) 
For a license to hawk, peddle or solicit on foot:
(a) 
For one week or fraction thereof: $25.
(b) 
For more than one week: at the rate of $25 per week.
(2) 
For a license to hawk, peddle or solicit, other than on a seasonal basis, with a vehicle of any kind, for each vehicle:
(a) 
For one week or fraction thereof: $50.
(b) 
For more than one week: at the rate of $25 per week.
(3) 
For a license to hawk, peddle or solicit on foot or from a vehicle, if purchased for a season, for each vehicle.
(a) 
For eight weeks: at the rate of $80.
(b) 
For 10 weeks: at the rate of $90.
(c) 
For 12 weeks: at the rate of $100.
B. 
Any licensee using a horse and wagon or motor vehicle may employ two persons and no more to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor.
C. 
The above fees may be waived if the license is for an established and generally recognized nonprofit charitable organization. Said fees may only be waived if an application is made to the Mayor for said waiver of fees, and provided that the Mayor deems said organization an established and generally recognized nonprofit charitable organization.
A. 
The vehicle kept or used by a licensee in the exercise of his license shall be marked on both sides with the number corresponding to the number of his license and with the words "licensed vendor" in plain letters and figures at least two inches in length and of such color as to be plainly read at a distance of at least 10 feet.
B. 
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in length in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
The Mayor may, at any time for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund or 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 Mayor upon the person named in the application or by mailing the same to the address given in the application and upon filing a copy of such notice with the Village Clerk.
A licensed 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 or merchandise.
B. 
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects, and in so doing abide by any sanitary regulations of the Village of Rouses Point, New York, relative to the sale and display of foodstuffs.
C. 
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, nor shout or cry out his wares.
D. 
Not 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 thereof or lessee of the ground floor thereof objects.
E. 
Not sell any 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.
F. 
Not permit any vehicles used by him to stop or remain on any crosswalk.
G. 
Not create or maintain any booth or stand nor 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.
H. 
Obtain written permission from the owner or lessee prior to peddling or soliciting from any private property.
[Added 7-21-1980 by L.L. No. 4-1980]
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
Where a New York State departmental certificate is required for the sale of foodstuffs or other commodities, the same shall be presented to and acknowledged by the Chief of Police before any sales are made thereof.