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.
LICENSEE
The principal or his agent, servant or employee.
PERSON
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:
A. Merchants having an established place of business
within the Village of Cobleskill.
B. Calls in response to prior invitation by a resident.
C. 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.
D. 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.
E. 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.
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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Not permit any vehicle used by him to stop or remain
on any crosswalk.
H. 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.
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.
[Amended 3-18-1996 by L.L. No. 2-1996; 7-21-2020 by L.L. No. 2-2020
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 as set forth in Chapter
1, General Provisions, Article
II, General Penalty. Each day on which such violation continues shall constitute a separate offense.