[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:
- CANVASSER
- 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.
- PEDDLER
- 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.
A.
The following persons are not required to procure
licenses but shall be obliged to conform to the regulations herein:
(1)
Any sales conducted pursuant to court order.
(2)
Any person selling personal property at wholesale
to dealers in such articles.
(3)
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.
(4)
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.
B.
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.
A.
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:
(1)
The number and kind of 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 desires
to sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
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.
B.
The annual license fee shall be as set from time to
time by resolution of the Board of Trustees.
C.
No license is assignable. No holder of any license
shall permit it to be used by any other person.
D.
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.
A.
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]
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
