[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 12-19-2017 by L.L. No. 6-2017. Amendments noted where applicable.]
Editor’s Note: This local law also repealed former Ch. 107, Peddling and Soliciting, adopted 6-20-1989 by L.L. No. 2-1989, as amended.
The purpose of this chapter shall be to preserve the public peace and good order in the Village of Chittenango and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on hawkers, vendors, solicitors and peddlers in order to prevent fraud, crime and unethical and dishonest business practices within the Village of Chittenango and to protect our citizens from such behavior.
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE INSTITUTIONS
- Any benevolent, philanthropic, patriotic, military veterans, not-for-profit, education or religious association, society or other organization or any other association, society or organization qualified as a tax-exempt organization under Section 501 of the Internal Revenue Code.
- CHARITABLE SOLICITOR
- Includes any person, firm or organization requesting or soliciting alms, subscriptions or contributions to any church, charitable or public institution or organization whatsoever or for the purpose of distributing any handbill, pamphlet, tract, notice or advertising matter.
- HAWKER, VENDOR, SOLICITOR AND PEDDLER
- Includes any person, whether a resident of the Village or not, who, in any public street or public place or in any open area on private property adjacent to a public way or by going from house to house or place of business on foot or from any animal or vehicle standing in a street, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, or seeks to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatever, or seeks to obtain prospective customers for application for or purchase of insurance of any kind, type or character, or seeks to obtain subscriptions to books, magazines, periodicals, newspapers and every other type of publication.
- PUBLIC INSTITUTIONS
- Any governmental entity or organization, including, without limitation, a school district and fire company.
It shall be unlawful for any person to engage in, conduct, manage, operate or cause to be conducted, managed or operated within the limits of the Village the business of hawker, vendor, solicitor, peddler or charitable solicitor without first obtaining a license from the Village Clerk.
Nothing herein contained shall require the licensing of honorably discharged soldiers, sailors or marines of the military and naval services of the United States who have obtained a license from the County Clerk in connection with § 32 of the General Business Law, except that they shall be required to comply with § 107-12 herein and shall confine such activities to the hours between 9:00 a.m. and 7:00 p.m.
This chapter shall not apply to sales by any member of the Boy Scouts of America, Girl Scouts of America or similar Village or Town of Sullivan-based youth organizations; school group; church; fraternal organizations; a duly organized volunteer ambulance or fire company or district or an auxiliary thereof; or other bona fide charity who is acting on behalf of said organization, group, company, district or corporation where the organization shall have provided notice to the Village Clerk at least 5 days before the first activity on its behalf with the dates of the activity and the name and address of the person in charge.
Political activity shall be exempt from the terms of this chapter.
Each applicant for a license shall file with the Village Clerk, on a form to be provided by the Village of Chittenango, an application, in writing, which shall give the following information and be signed and affirmed by the applicant under the penalties of perjury:
The name, age and physical description of the applicant.
The complete permanent home and local address of the applicant and the telephone number at such address.
The name and address of the organization or person for whom solicitation is being made and the telephone number at such address.
A description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine the business to be transacted.
The days, dates and routes of business or solicitation in the Village of Chittenango, which, unless special permission is granted by the Village Clerk, shall be between the hours of 9:00 a.m. and 7:00 p.m.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, and where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of the automobiles used by the applicant during the period of solicitation in the Village and the driver identification number and state of issuance on the applicant's driver's license.
The Mayor shall not approve such license unless the Mayor is satisfied that the person applying for the same is a proper person to conduct such business. The Village Clerk shall submit each application to the Chief of Police of the Village of Chittenango and shall be approved by the Chief prior to issuance. In the event that an application for hawking, vending, soliciting, charitable soliciting or peddling is incomplete, it shall be disapproved and returned to the applicant for completion.
A separate license must be obtained for every solicitor, agent or employee conducting business or soliciting within the Village limits.
Upon approval by the Mayor, each applicant shall be issued a license by the Village Clerk, upon which shall be impressed the Official Seal of the Village of Chittenango and the period for which said license shall be valid, but in no event to exceed 30 calendar days from the date of issuance.
The licensee shall carry the license at all times when conducting business in the Village and shall exhibit it to any citizen or Village official upon request. At the conclusion of the period for which the license was issued, said license shall be returned to the Village Clerk.
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 is revoked, no refund of any portion of the fee shall be made. Notice of such revocation and the reason therefor shall be in writing and 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. A copy of the revocation order shall be part of the Village Clerk's records.
No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
Every person to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:
Licensee shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale.
Licensee shall not stand or permit the vehicle used by them to stand in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner or lessee objects.
Licensee shall not create or maintain any booth or other obstruction upon any street or public place for the purposes of selling or exposing for sale any goods, wares or merchandise.
Licensee shall not sell any merchandise within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
No person subject to the terms of this chapter shall enter or attempt to enter the house or apartment of any resident in the Village without an express invitation from the occupant of the house or apartment.
No person subject to the terms of this chapter shall conduct themselves in such a manner as to annoy or harass any person while soliciting within the Village.
Whenever a license issued under this chapter shall be lost, destroyed, defaced or mutilated beyond legibility without fault on the part of the licensee, their agents or employees, a duplicate in lieu thereof under the original application may be issued by the Village Clerk upon payment of a recording fee in an amount as shall be set by resolution of the Village Board of Trustees.
The fee for each license shall be set from time to time by resolution of the Village Board of Trustees, which shall be on file in the office of the Village Clerk.
In the event that an application for hawking, vending, soliciting, charitable soliciting or peddling is revoked or denied, the applicant may appeal to the Board of Trustees of the Village, which shall set a time and place for a hearing. Such hearing shall be held within 15 days after a request for an appeal has been filed with the Village Clerk and at which hearing the applicant will be given an opportunity to present his or her reasons why the license should be issued. The decision of the Board of Trustees is final.
Any person violating the terms of this chapter, whether as an individual, principal or agent or employee or another, shall be punishable to each offense by a fine of not more than $500 or by imprisonment of not more than 15 days, or both.