[HISTORY: Adopted by the Board of Trustees
of the Village of Central Square 3-7-1983 by L.L. No. 1-1983 as Ch.
17 of the 1983 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Village of Central Square Peddlers and Solicitors Law."
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from 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 vehicle, sells or barters, offers for sale
or barter, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or by telephone or stands in any street or public place taking
or offering to take orders for goods, wares or merchandise, books,
magazines, periodicals or any other item or items of value (except
newspapers, dairy products 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 at the home or residence of
any person who has been solicited prior thereto by telephone or has
responded to any type of advertising media requiring an appointment
or consultation or sales presentation in the home or place of residence
of such person.
A.
Generally. Nothing in this chapter shall be held to
apply to:
B.
Exempt organizations. Nonprofit organizations and
persons working for such organizations shall also be exempt. However,
such organizations shall register annually with the Village Clerk
in the event they plan to engage in vending, hawking, peddling or
soliciting and shall indicate the type of activities to be undertaken
and the time when they will be performed. It shall be the responsibility
of such organizations to furnish identification for their representatives
which must be exhibited upon demand.
C.
Interstate commerce.
(1)
This chapter shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce shall apply to the licensing officer for a certificate of compliance, using the form of application described in § 173-5A. The applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.
(2)
When the applicant shall have established to the satisfaction of the licensing officer that he or she is engaged in interstate commerce, the licensing officer shall issue to him or her, without charge, a certificate of compliance stating, among other things, that such person has complied with the requirements of this Subsection C and has satisfactorily established that he or she is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce shall constitute a violation of this chapter.
It shall be unlawful for any person within the
limits of the Village to act as a hawker, peddler or solicitor as
herein defined or assist the same without first having obtained and
paid for and having in force and effect a license therefor or having
in force and effect a certificate of compliance.
A.
Any person desiring to procure a license as herein
provided shall file with the Village Clerk a written application upon
a form furnished by the Village Clerk and shall file at the same time
satisfactory proof of good character. Such application shall give:
(1)
The number and kind of vehicles 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 or she
desires to sell or the kind of service he or she 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, nature
of offense, penalty imposed, and name and address of the court.
(6)
The name and address of the person, firm or corporation
he or she represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the licensing
officer to substantiate the above items.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures of the
county certifying that all weighing and measuring devices to be used
by the applicant have been examined and approved.
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 cash deposit of $1,000
or a surety company bond of $1,000 or other bond secured by sufficient
collateral, said bond to be approved by the Village Attorney as to
form and surety, 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
for the recovery of 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 for a period of 90 days after the
expiration of any such license, unless sooner released by the Board
of Trustees.
A.
Licensing officer to issue or deny. Upon the filing of the application, bond and certificate as provided in the preceding section, and payment of the required fee, the licensing officer shall, upon his or her approval of such application, issue to the applicant a license as provided in § 173-4. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which in the judgment of the licensing officer renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The licensing officer may also refuse a license to any person who in his or her judgment shall be an undesirable person or incapable of properly conducting the trade or business for which the license is sought.
B.
Appeal to Board of Trustees. Any applicant who has
been refused a license by the licensing officer may apply to the Board
of Trustees therefor, and the same may be granted or refused by the
Board of Trustees.
A license shall not be assignable. Any holder
of any 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.
Whenever a license shall be lost or destroyed
on the part of the holder or his or her agent or employee, a duplicate
in lieu thereof, under the original application and bond, may be issued
by the licensing officer upon the filing with him or her by the licensee
of an affidavit setting forth the circumstances of the loss and what,
if any, search has been made for its recovery.
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 his or her license,
the date of issuance and expiration of the license, fee paid and the
name and address of the licensee.
Such license shall be for such term as requested
by the applicant but shall expire not later than the first day of
January next succeeding.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
[Amended 10-27-2014 by L.L. No. 3-2014]
The license fee for each person licensed as a hawker, peddler
or solicitor shall be as set forth in the fee schedule adopted by
resolution of the Board of Trustees.
A license issued pursuant to this chapter may
be revoked after a public hearing held by the licensing officer after
due notice to the licensee. All constitutional safeguards shall be
afforded the licensee at such hearing.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his or her 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 solicitor shall peddle, vend, or sell
his or her goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he
or she permit his or her cart, wagon or vehicle to stand on any public
highway within said distance of such school property.
D.
No peddler or solicitor 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 Village.
E.
No peddler or solicitor shall blow a horn, ring a
bell, or use any other noisy device to attract public attention to
his or her wares or shout or cry out his or her 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.
G.
No peddler or solicitor shall represent or state or
otherwise indicate that he or she is not intending to sell or otherwise
enter into a contract with any person in the household.
H.
Any contract or sale made in violation of Subsection D or G shall be null and void and of no effect as to the person solicited, and any merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
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 made 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 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 fee paid and the date of revocation of all licenses revoked.
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine not exceeding $250 or imprisonment of not more than 15 days,
or both.
