[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 139 of the 1983 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who goes from house to house, from place to place or from street to street soliciting or taking orders for the sale of goods, wares or merchandise, including magazines, books, periodicals, photographs or personal property of any nature whatsoever for future delivery or for service to be performed in the future; or any person who, for himself or another, hires, leases, uses or occupies any building, room, vehicle or other place or facility within the town/village for the purpose of soliciting or taking orders for the sale or future delivery or performance of any of the aforedescribed items or services.
- Any person who goes from house to house, from place to place or from street to street conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers; or any person who, for himself or another, hires, leases or uses or occupies any building, room, vehicle or other place or facility within the town/village for the purpose of selling or offering for sale any goods, wares or merchandise.
The following persons are not required to procure licenses but shall be obliged to conform to the regulations herein:
Any sales conducted pursuant to court order.
Any person selling personal property at wholesale to dealers in such articles.
Any school, political or civic organization, religious or benevolent society, service, club or nonprofit organization which is located in or has substantial membership from the Town/Village of East Rochester.
Any charitable or religious society located in the Town/Village of East Rochester that shall conduct sales of personal property when proceeds therefrom shall be applied to payment of expenses thereof and to the charitable and religious object for which the society exists.
Honorably discharged members of the Armed Forces of the United States who are residents of the State of New York shall, in accordance with § 32 of the General Business Law, be exempt from payment of the annual licensing fee but shall be required to apply for and secure a license in accordance with this chapter.
[Added 3-8-1999 by L.L. No. 1-1999]
It shall be unlawful for any person within the corporate limits of the town/village to act as a hawker, peddler, solicitor or canvasser as herein defined or assist the same without first having obtained and paid for and having in force and effect a license therefor. No license can be granted to any person under the age of 18.
Any person desiring to procure a license as herein provided shall file with the Village Clerk-Treasurer a written application upon a form furnished by the Village Clerk-Treasurer. Such application shall give:
The number and kind of vehicle 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.
Whether or not the applicant has been convicted of a misdemeanor or felony, and if so, the date of conviction, the nature of the offense, the penalty imposed and the name and address of the court.
The annual license fee shall be as set from time to time by resolution of the Board of Trustees.
No license is assignable. No holder of any license shall permit it to be used by any other person.
If applicable, 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.
Upon the filing of the application, the Village Clerk-Treasurer, as designated by the Mayor as licensing officer for the village pursuant to Village Law § 4-400, shall, upon approval of such application, issue to the applicant a license as provided in § 139-3. No license shall be denied except for the specific reason of protection of the public safety, health, morals or general welfare.
[Amended 3-8-1999 by L.L. No. 1-1999]
Any applicant who has been refused a license by the Village Clerk-Treasurer may apply to the Board of Trustees for a hearing thereon by written application within 30 days of the denial thereof. Said request shall also be filed with the Village Clerk-Treasurer. A hearing shall be held at the next regularly scheduled meeting of the Board of Trustees. The Board shall grant the license if it finds that the Clerk-Treasurer's refusal was arbitrary or erroneous and shall refuse the license if it finds that the Clerk-Treasurer's decision was justified. The Board shall render this decision, in writing, within 30 days from the hearing.
No applicant who has been refused a license shall reapply to the Village Clerk-Treasurer within one year of the Board or Clerk-Treasurer's denial thereof.
Any license issued hereunder may be revoked by the Board of Trustees after a hearing on five days' written notice to the licensee and upon proof that such licensee has violated any of the regulations of this chapter.
Such license shall be for such term as requested by the applicant but shall expire not later than the first day of April next succeeding.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or so canvassing before the hour of 11:00 a.m. of any day or after the hour of 6:00 p.m. of any day except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or canvasser in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No peddler or canvasser shall peddle, vend or sell his goods or wares within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall he permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
No peddler or canvasser shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or garage of any person or corporation in the town/village.
No peddler or canvasser shall blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
It shall be unlawful to 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, or to operate in a congested area where operation might impede or inconvenience the public.
It shall be the duty of the Village Clerk-Treasurer 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 fee paid and the date of revocation of all licenses revoked.
Any violator of this chapter shall, upon conviction, be liable to a fine of not more than $250 or to imprisonment for a term of not more than 15 days, or both. Each day on which the violation continues shall be deemed a separate offense.