[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill 1-18-1950. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER AND PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or his agent, servant, helper or employee, who, from any car on a railroad track or from any vehicle in any place in said village or in any public street or public place or by going from house to house or place of business to place of business in said village, on foot or on or from or with the use of 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, newspapers and periodicals.
- The principal or his agent, servant or employee.
- Includes one (1) or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- SOLICITOR OR CANVASSER
- Includes any person, either principal or his agent, servant, helper or employee, who goes from place to place or house to house or from place of business to place of business, on foot or on or from or with the use of any animal or vehicle, or who stands in any street or public place, taking or offering to take orders for goods, wares, merchandise and periodicals, except newspapers 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.
The licensing provisions of this chapter shall not apply to:
Merchants having an established place of business within the Village of Cobleskill.
Calls in response to prior invitation by a resident.
Honorably discharged members of the Armed Forces of the United States and veterans of any war who shall have obtained a license from the County Clerk of the County of Schoharie pursuant to the provisions of § 32 of the General Business Law of the State of New York. However, such persons must present the license issued by the County Clerk to the Village Clerk, who will issue a village license without payment of a license fee. Such persons shall otherwise be subject to the requirements of this chapter.
Charitable, religious, educational or civic organizations which have or maintain a regular place of business, place of worship, chapter, lodge, troop or other regular meeting place within the Village of Cobleskill or Town of Cobleskill.
Persons engaged in providing such services as snow shoveling, grass cutting, leaf raking, lawn clearing and other similar services as independent contractors.
It shall be unlawful for any person, within the corporate limits of the Village of Cobleskill, New York, to act as a hawker, peddler, solicitor or canvasser as herein defined without first having applied for, obtained and paid for, and having in force and effect, a license therefor.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application, in duplicate, upon blank forms prepared by the Village Clerk and furnished by the village. Such application shall be sworn to in duplicate, and said application shall contain the following:
The name, age and description of the applicant, if an individual; otherwise, the name of the applicant and the name, age and description of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license.
The permanent home address and full local address of the applicant, if an individual; otherwise the location of the principal place of business of the applicant and the permanent home address and full local address of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license.
A brief description of the nature of the applicant's business.
The number and kind of vehicles to be used in said village in carrying on the business for which the license is desired, and the motor numbers thereof.
The kind of goods, wares, merchandise or periodicals the applicant desires to sell or the kind of service the applicant desires to perform.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time said application is filed and the proposed method of delivery.
A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two by two (2 x 2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner, if an individual; otherwise, a similar photograph of the agents, servants and employees of the applicant whom the applicant employs to exercise the rights granted under said license; a third identical photograph shall accompany said applications, the same to be affixed to the license, if granted.
The fingerprints of the applicant, if an individual; otherwise, the fingerprints of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license; and the names of at least two (2) reliable property owners of the County of Schoharie, State of New York, who will certify as to the applicant's good character and business responsibility; or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable the Chief of Police of said village to evaluate such character and business responsibility.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance of said village or any other municipality, the nature of the offense and the punishment or penalty assessed therefor; if the applicant is not an individual, then a further statement as to whether or not any of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
A sworn statement by a duly licensed physician of the State of New York, sworn to not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease, if an individual; otherwise, a similar statement certifying that the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license are free of contagious, infectious or communicable disease; and a similar further statement setting forth the same facts shall be filed with the Village Clerk every three (3) months thereafter during the term of said license.
Such application shall be accompanied by a certificate from the Sealer of Weights and Measures of Schoharie County certifying that all weighing and measuring devices to be used by the applicant have been examined and approved, stating the date of such examination and approval. A like certificate shall be filed with the Village Clerk every three (3) months thereafter during the term of said license. An application for a license shall also be accompanied by a bond to the Village of Cobleskill, New York, approved as to form and surety by the Village Attorney, in the penal sum of five hundred dollars ($500.), with sufficient surety or sureties or sufficient collateral security, conditioned for the due observance during the term of the license of any and all ordinances of the Village of Cobleskill, New York, respecting hawking, peddling, soliciting and canvassing, and in the case of solicitors or canvassers who demand, accept or receive payments or deposits of money in advance of final delivery, such bond shall be further conditioned for making final delivery of goods, wares, merchandise or periodicals ordered or services to be performed in accordance with the terms of such order, or failing therein, that the advance payment on such be refunded. Any person aggrieved by the action of any such licensed hawker, peddler, solicitor or canvasser shall have a right of 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 of Cobleskill, New York, for a period of ninety (90) days after the expiration of any such license, unless sooner released by the Village Clerk.
Upon receipt of much application, the same shall be marked "filed" by the Village Clerk, and the duplicate shall then be referred to the Chief of Police of said village who shall cause an investigation of the applicant's business and moral character or the moral character of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license to be made for the protection of the public good.
If as a result of such investigation the applicant's moral character or business responsibility or the moral character of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license are found by the Chief of Police to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same with the date of such disapproval and return said application to the Village Clerk, who shall file the same and notify the applicant that his application is disapproved and that no license will be issued.
If as a result of such investigation the moral character and business responsibility of the applicant or the moral character of the agents, servants and employees of the applicant who will exercise for the applicant the rights granted under said license are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return the same to the Village Clerk, who shall file the said application, bond and certificate. Upon the filing thereof and the payment of the prescribed license fee, a license shall be issued and delivered to the applicant as provided hereunder. Such license shall be issued by the Mayor, countersigned by the Village Clerk and endorsed by the Treasurer of said village showing his receipt of the license fee. The Village Clerk shall affix thereto the Seal of said village, and said license shall contain the name and address of the applicant therefor and a photograph of the applicant if the applicant personally exercises the rights granted under said license and the name, address and photograph of the person or persons who will exercise for the applicant the rights granted under said license, the class of license issued and the kind of goods, wares, merchandise or periodicals to be sold thereunder, the amount of the fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number, motor number and other identifying description of any vehicle used in such hawking, peddling, soliciting or canvassing.
Except as herein provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person or any person who obtains a license by means of fraud or description shall each be guilty of a violation of this chapter.
Whenever a license or the identification hereinafter referred to shall be lost or destroyed on the part of the holder or his agents, servants or employees, a duplicate in lieu thereof under the original application and bond may be issued by the Village Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery, and upon the payment of an additional charge as set forth from time to time by resolution of the Village Board.
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. Such licenses shall include the right to use only one (1) vehicle in carrying on the business for which the person is licensed
No license shall be granted to a person under twenty-one (21) years of age.
No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or revocation, unless he can give satisfactory proof that the reason for such rejection should not be considered.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
Any licensee using a motor vehicle may employ one (1) other person and no more to assist in selling and delivering any goods, wares and merchandise, but such person shall so act only while accompanying the licensee.
The license hereinafter provided for shall be issued on a calendar year basis and shall automatically expire on the first day of January following the date of issuance thereof, but may specifically state and provide for an earlier expiration date.
On or after July 1 the amount of such fee for an annual license shall be one-half (1/2) the amount of the yearly license fee.
None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Board of Trustees of said village to be relieved from the payment of a license fee. Such application may be made before, at or within six (6) months after payment of the prescribed license fee. The Board of Trustees of said village shall then conduct an investigation and shall make findings of fact from which it shall determine whether this chapter interferes with interstate commerce, and if it so finds and if the fee has already been paid, shall order a refund thereof.
The said village shall supply identification to licensed hawkers, peddlers, solicitors and canvassers, their agents, servants and employees.
Such identification shall not be transferred or assigned.
On the expiration of the license the licensee shall surrender his identification to the Village Clerk.
It shall be unlawful for any person to destroy, deface or injure such identification in any manner or change the number or date thereon.
It shall also be unlawful for any person to wear or have in his possession such identification unless he is the licensed hawker, peddler, solicitor or canvasser in whose name the license is issued or his agent, servant or employee or, if issued to other than a natural person, an agent, servant or employee thereof.
Such licensee while exercising his license shall wear on the front of his outermost garment the identification so provided, which identification shall state the number and character of the license and the date when it was issued and when it expires.
In addition thereto, every hawker, peddler, solicitor or canvasser using a vehicle shall print on or attach printed cards and display on the outside of each side of his vehicle and in a place where the same is clearly visible, using letters at least two (2) inches in height and one (1) inch in length, and of a color plainly visible at a distance of twenty (20) feet, which shall state that said person is a licensed vendor and that said license has been issued by the Village of Cobleskill, New York, the character and number of the license, the date of issue and the date of expiration; and the same shall be printed and displayed as follows:
The wearing of the identification and the display on the vehicle of the foregoing information are hereby made a condition of every license, and failure by the licensee to wear the identification or to display said information as aforesaid while in the exercise of his license shall be cause for the revocation of such license.
A charge as set forth from time to time by resolution of the Village Board shall be made by the Village Clerk for each identification, which sum shall be refunded when the identification is returned by the licensee.
Every vehicle used by a licensed hawker, peddler, solicitor or canvasser in or about his business shall also have his name and address plainly, distinctly and legibly painted in letters and figures at least three (3) inches in height and two (2) inches in length in a conspicuous place on the outside of each side of every such vehicle or upon a card securely fastened to the outside of each side of such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license and of a color so that the same shall be plainly visible at a distance of twenty (20) feet.
The Board of Trustees of the Village of Cobleskill, New York, may at any time revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor shall be given in writing by the Village Clerk to the person named in the application by mailing the same by registered mail to the address given in the application or by serving the same personally upon such person, his agent, servant or employee and upon filing a copy of such notice in the office of said Clerk.
A licensed hawker, peddler, solicitor or canvasser, his agents, servants or employees shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article or periodical offered for sale; or offer for sale any unwholesome, tainted or diseased provisions, food or merchandise.
Not wear the identification provided by the village nor display on the licensee's vehicle the information provided for in § 108-7 of this chapter after the expiration or revocation of the license pursuant to which the same was issued or displayed.
Keep the vehicle and receptacles used by him in a clean and sanitary condition and the provisions, foodstuffs and edible offered for sale well-covered and protected from dirt, dust and insects and submit his vehicle and foodstuffs to the Chief of Police of said village for inspection at any time he is requested to do so.
Not blow a horn, ring a bell or use any other noise device to attract public attention to his goods, wares and merchandise or shout or cry out his wares.
Not stand or permit the vehicle used by him to stand in one (1) place in any public place or street for more than ten (10) minutes, unless permission is obtained from the said Board of Trustees.
Not sell any confectionery or ice cream within five hundred (500) feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Not 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.
All orders taken by licensed solicitors and canvassers who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one (1) copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor or canvasser.
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.
It shall be the duty of any police officer of the Village of Cobleskill, New York, to require any person seen hawking, peddling, soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions if this chapter against any person found to be violating the same, and the Chief of Police of the Village of Cobleskill, New York, shall report to the Village Clerk all convictions for violation of this chapter, and the Village Clerk shall maintain a record of such reports of violations.
Licenses issued under the provisions of this chapter may be revoked by the Board of Trustees of the Village of Cobleskill, New York, after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for said license.
Fraud, misrepresentation or false statement made by the licensee in the course of carrying on his business as hawker, peddler, solicitor or canvasser.
Any violation of this chapter.
Conviction of the licensee of any crime or misdemeanor involving moral turpitude.
Conducting by the licensee of the business of hawking, peddling, soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid and by registered mail, to the licensee at his last known address at least five (5) days prior to the date set for the hearing.
Any person aggrieved by the action of the Chief of Police in the disapproval of an application for a license as provided for in § 108-5A and B shall have the right of appeal to the Board of Trustees of the Village of Cobleskill, New York. Such appeal shall be taken by filing with the Village Clerk, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Said Board of Trustees shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 108-14 of this chapter for notice of hearing on revocation. The decision and order of said Board of Trustees on such appeal shall be final and conclusive.
Any person who himself or by his agents, servants or employees or as an agent, servant or employee shall act as a hawker, peddler, solicitor or canvasser as herein defined without a license or shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a hawker, peddler, solicitor or canvasser shall, upon conviction, be punished by a fine or imprisonment as set forth in Chapter 1, General Provisions, Article II, General Penalty. Each day on which such violation continues shall constitute a separate offense.