[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 2-6-1967 as Ch. 30 of the 1967 Code of the Village of Carthage. Amendments noted where applicable.]
No person, firm or corporation shall hawk, peddle, sell or dispose of any goods, wares or merchandise, food or food products or personal property of any kind or description or engage in the business of hawking or peddling any goods, wares or merchandise of any description from any wagon, cart, car, pack, booth or stand or in any other manner whatsoever in any street or public place in the Village of Carthage, nor shall any person, firm or corporation canvass or solicit orders or solicit trade or business of any nature whatever for the purchase or sale of any goods, wares or merchandise by going from house to house within the said Village of Carthage without first procuring a license therefor from the Village Clerk.
The Clerk shall not grant such license unless he is satisfied that the person applying for the same is a proper person to conduct such business.
Such license may be granted after written application therefor filed with the Village Clerk specifying the name, age and address of the applicant, firm or corporation he represents, the length of time the applicant desires the license, the kind of goods, wares and merchandise he desires to sell, the method of disposition and such other information and proof, including satisfactory proof of good character, as may be required by the Clerk; that said application shall be also submitted to the Chief of Police of the Village of Carthage and shall be approved by him prior to issuance.
Such license, if for hawking and peddling, shall entitle the licensee to sell and dispose of goods, wares or merchandise from any vehicle, wagon or stand for the period of one year from the date of such license. The license fee for the peddling or hawking of goods, wares or merchandise is hereby fixed at the sum of $50 per year or $10 per day for each vehicle and two persons.
[Amended 10-21-1985 by L.L. No. 10-1985]
A license, if for canvassing or soliciting orders for the purchase or sale of goods, wares or merchandise, shall entitle the licensee to canvass and solicit orders for the purchase or sale of goods, wares or merchandise for the period of one year from the date of such license. The license fee for canvassing orders, or soliciting trade or business of any nature whatever, for the sale of any goods, wares or merchandise is hereby fixed at the sum of $50 per year or $10 per day for each person, and, before securing such license, the applicant shall provide a bond in the sum of $500 by a duly authorized bonding company conditioned for the satisfactory performance of his duties to all persons to whom he shall consign goods for sale and to all persons who shall purchase goods from said applicant.
[Amended 10-21-1985 by L.L. No. 10-1985]
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER AND PEDDLER
- 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.
- 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, merchandise, except milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
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 farmers and truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms or 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 or to any bona fide resident of the Village of Carthage or the Village of West Carthage. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
The Clerk may at any time for a violation of this chapter revoke any license. When a license shall be revoked, no refund or unearned portion of the license shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Village Clerk 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 in the Village Clerk's office, with affidavit of service of mailing, such license shall be revoked.
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.
A licensed peddler or solicitor shall:
Not stand or permit the vehicle used by him to stand in one place at any public place or street for more than 10 minutes or in front of any premises for any time if the owner of or the lessee of the ground floor objects.
Not sell 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.
The Village Clerk shall supply badges to licensed hawkers, peddlers and solicitors.
Such badges shall not be transferred or assigned. On expiration of the license, the licensee shall surrender his badge to the Village Clerk.
It shall also be unlawful for any person to wear or have in his possession such badge unless the license is issued.
Such licensee, while exercising his license, shall wear on the front of his outermost garment the badge as provided.
A charge of $2 shall be made by the Village Clerk for each badge, which sum shall be refunded when the badge is returned by the licensee.
[Amended 10-21-1985 by L.L. No. 10-1985; 8-5-1991 by L.L. No. 2-1991]
Any person committing an offense against any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 5 of the Code and, in addition, shall have his or her license revoked.