[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:
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.
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.
A.
[1]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:
(1)
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.
(2)
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.
(3)
A brief description of the nature of the applicant's
business.
(4)
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.
(5)
The kind of goods, wares, merchandise or periodicals
the applicant desires to sell or the kind of service the applicant
desires to perform.
(6)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(7)
The length of time for which the right to do business
is desired.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.[1]
G.
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
H.
No license shall be granted to a person under twenty-one
(21) years of age.
I.
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.
J.
Every licensee, while exercising his license, shall
carry the license with him and shall exhibit the same upon demand.
K.
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.[2]
L.
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.
M.
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.
B.
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.
A.
The said village shall supply identification to licensed
hawkers, peddlers, solicitors and canvassers, their agents, servants
and employees.
B.
Such identification shall not be transferred or assigned.
C.
On the expiration of the license the licensee shall
surrender his identification to the Village Clerk.
D.
It shall be unlawful for any person to destroy, deface
or injure such identification in any manner or change the number or
date thereon.
E.
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.
F.
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.
G.
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:
|
Licensed Vendor
| |
|---|---|
|
Village of Cobleskill, New York
| |
|
License No.
| |
|
License Issued
| |
|
License Expires
| |
|
License Issued for
|
H.
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.
I.
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:
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.
A.
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:
(1)
Fraud, misrepresentation or false statement contained
in the application for said license.
(2)
Fraud, misrepresentation or false statement made by
the licensee in the course of carrying on his business as hawker,
peddler, solicitor or canvasser.
(3)
Any violation of this chapter.
(4)
Conviction of the licensee of any crime or misdemeanor
involving moral turpitude.
(5)
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.
B.
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.
[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.
