[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Obstructions in streets and sidewalks — See Ch.
203, Art.
II.
[Adopted 6-15-1998 by L.L. No. 3-1998]
[Amended 10-19-1998 by L.L.
No. 7-1998]
This article shall be known and may be cited as the "Soliciting and
Peddling Law."
This chapter is enacted for the purpose of regulating itinerant merchandising
in order that the peace, health, safety, welfare and good order in the village
and of its inhabitants shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where the person
transacts business and deals in the goods, wares or commodities he or she
solicits or peddles in the ordinary and regular course of business.
[Amended 10-19-1998 by L.L.
No. 7-1998]
MERCHANDISING
The selling, bartering or trading of, or offering to sell, barter
or trade, any goods, wares, commodities or services.
PEDDLER
Any person who shall engage in peddling as herein defined.
[Added 10-19-1998 by L.L.
No. 7-1998]
PEDDLING — [Added 10-19-1998
by L.L. No. 7-1998]
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person selling or offering for sale carries
with him in traveling or has in his possession or control, from house to house,
place of business to place of business or in any public street or public place
or by temporarily occupying a room, building or other premises therefor within
the Village of Hamburg, provided that the word "peddling" shall not apply:
PERSON
Includes any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
SOLICITING
The seeking, taking or accepting of contracts or orders for any goods,
wares or merchandise for future delivery, or for subscriptions, contributions
or donations, from house to house, place of business to place of business
or in any public street or public place in the Village of Hamburg, provided
that the word "soliciting" shall not apply:
[Added 10-19-1998 by L.L.
No. 7-1998; amended 9-2-2003 by L.L. No.
2-2003]
A.
To the seeking of or taking of orders by any manufacturer or producer
for the sale of bread or bakery products, milk or milk products, ice cream
or ice cream products, daily papers and/or any other person soliciting or
selling recognized products with routes that have been heretofore regularly
established within the Village of Hamburg.
B.
To the seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the State of New York for insurance purposes.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
[Added 10-19-1998 by L.L.
No. 7-1998]
[Amended 9-2-2003 by L.L. No. 2-2003]
All solicitors, peddlers, or any person merchandising any goods, wares,
commodities or service within the Village of Hamburg shall first obtain a
license therefor from the Clerk of the Village, unless such soliciting, peddling
or merchandising is at the personal request of the person solicited.
A. The provisions of this chapter shall not apply to the
following:
(1) Any person soliciting at the express invitation of the
person solicited or serving an established customer.
(2) A wholesaler selling articles to dealers or merchants
who have an established place of business within the village.
(3) A child regularly attending any public or parochial or
private school or a representative of any established church maintaining a
place of worship or a member of a veterans organization or a member of a fraternal
organization or civic group. Any person coming within the provisions of this
exemption shall only solicit or peddle in connection with an authorized activity
of the organization of which such person is a member or the school which such
person attends.
[Amended 10-19-1998 by L.L.
No. 7-1998]
B. This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
A. Every applicant for a license is required to submit to
the Village Clerk a written application supplying, under oath, the following
information:
(1) The name of the applicant.
(2) The applicant's permanent home residence.
(3) The name and address of the firm represented, if any.
(4) The length of time for which the license is required.
[Amended 10-19-1998 by L.L.
No. 7-1998; 7-19-1999 by L.L.
No. 3-1999]
(5) A description of the goods, wares or commodities to be
offered for sale, together with a true invoice of their amount, quality and
value.
(6) The applicant's number of arrests or convictions for
crimes and the nature thereof.
B. To the application must be appended a letter of authorization
from the firm which the applicant purports to represent.
Upon receipt of the application and of the license fee and if reasonably
satisfied with the applicant's qualifications, the Village Clerk shall issue
a license to the applicant, specifying the particular business authorized
and the location wherein it may be conducted. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business licensed. The license shall be produced upon the demand of any
village official or prospective buyer.
[Added 7-1-1999 by L.L. No.
3-1999; amended 9-2-2003 by L.L. No. 2-2003]
Any license issued in accordance with this article shall be valid on
the date of issuance for a period of 60 days thereafter. Such license shall
be revocable in the event of any violation of the terms and conditions thereof.
The Village Clerk shall keep a record of the applications, the determinations
thereon and of all licenses issued in accordance with this chapter. The record
shall contain the name and residence of the person licensed, the location
of the business, the amount of the license fee paid and the date of revocation
of all licenses revoked.
The license fees for all licenses issued hereunder shall be as set from
time to time by resolution of the Board of Trustees.
[Amended 10-19-1998 by L.L.
No. 7-1998]
A licensed solicitor or peddler shall:
A. Not willfully misstate the quantity or quality of any
article offered for sale.
B. Not willfully offer for sale any article of any unwholesome
or defective nature.
C. Not call attention to his or her goods by blowing a horn,
by playing repetitive music or sounds, by ringing a bell other than a house
doorbell, by shouting or crying or by any loud or unusual noise.
D. Not frequent any street in an exclusive nature so as
to cause a private or public nuisance.
E. Keep the vehicle and/or receptacles used by him or her
in the furtherance of his or her licensed business in a sound, clean and sanitary
condition.
F. Keep his or her edible articles offered for sale well
protected from dirt, dust and insects.
G. Not stand or permit the vehicle used by him or her to
stand in one place in any public place or street for more than 10 minutes
or in front of any premises for any time if the owner of or the lessee of
the property objects.
H. Not sell confectionery or ice cream within 250 feet of
any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
[Added 9-2-2003 by L.L. No. 2-2003]
No person, peddler, solicitor or person engaged in merchandising, whether
licensed or unlicensed, shall enter on private property, go from house to
house, from place of business to place of business, or otherwise disturb persons
in their residences or businesses on Saturday, Sunday or between the hours
of 9:00 p.m. and 9:00 a.m.
A. Any resident of the Village of Hamburg not wanting to
be visited or called upon by solicitors, peddlers or any person merchandising,
may register at the office of the Village Clerk on a list of registrants of
the Village of Hamburg who do not desire to be visited or solicited at their
homes, in the following manner:
[Amended 10-19-1998 by L.L.
No. 7-1998; 9-2-2003 by L.L. No. 2-2003]
(1) Said resident or residents shall either personally appear
or, on forms supplied by the Village Clerk, register with the Village Clerk,
advising that said resident or residents do not want solicitors or peddlers
to call at their homes.
(2) The Village Clerk shall keep on file at all times a registration
book showing the names and addresses of the residents of the Village of Hamburg
who have registered as not wanting solicitors or peddlers to call at their
homes.
(3) Said residents, in addition, shall be furnished a sticker
by the Village Clerk, which may be affixed to the front door of the resident's
principal residence advising that no soliciting and peddling can be done.
B. Every applicant shall personally read said list of residents
of the Village of Hamburg who are registered as not wanting to be approached
or contacted for the sale of goods, wares or merchandise and will sign an
affidavit that said list has been reviewed by the applicant, and the applicant
shall obtain from the Village Clerk a photostatic copy of said list.
C. Any resident or business of the Village of Hamburg not wanting
to be visited or called upon by solicitors, peddlers, or any person merchandising
may place a sign affixed to the resident's principal residence or business
advising that no soliciting and peddling can be done, in accordance with § 250-62
of the Hamburg Village Code.
[Added 9-2-2003 by L.L. No. 2-2003]
D. It shall be unlawful for any person, peddler, solicitor or any
person engaged in merchandising, whether licensed or unlicensed, to enter
upon any residential or business premises in the Village of Hamburg where
the owner, occupant or person legally in charge of the premises has posted
at the entry to the premises a sign or sticker bearing the words “No
Pedd1ers,” “Solicitors,”or words of similar import.
[Added 9-2-2003 by L.L. No. 2-2003]
A license may be summarily revoked by the Village Clerk by reason of
a violation of the terms of the license, the violation of any municipal law,
state or federal statute or falsification in applying for a license. Written
notice of such revocation, stating the terms thereof, shall be personally
served upon the licensee or mailed to the address given in the application.
Upon the filing of such notice of revocation in the Village Clerk's office,
with affidavit of service by mailing, such license shall be revoked. A hearing
upon the revocation of the license shall be granted the licensee if said licensee
shall request such a hearing as hereinafter provided.
[Amended 10-19-1998 by L.L.
No. 7-1998]
A. No person peddling or soliciting the sale of magazines
or other periodicals shall visit a private residence for the purpose of peddling
or soliciting except after procuring a license hereunder, unless such person
has been personally invited to such private residence by the owner or occupant
thereof.
B. The license issued to a person peddling or soliciting
the sale of magazines or other periodicals shall, in addition to the other
requirements hereby imposed, have the photograph of the licensee affixed thereto
and to the application. Such photograph shall have been taken within 30 days
next preceding the application for such license.
C. Before a license issued to a person for the purpose of
peddling or soliciting the sale of magazines or other periodicals shall be
valid, it shall be countersigned by the Chief of Police of the Village of
Hamburg.
D. The Chief of Police of the Village of Hamburg is hereby
empowered to refuse to countersign any license issued pursuant to the provisions
of this section if in his or her opinion the applicant's character does not
justify the issuance thereof or if the issuance of a license to the applicant
would not be in the interest of the peace, health, safety, welfare and good
order of the village and its inhabitants.
In the event of the revocation of a license pursuant to the provisions of §
175-12 hereof or in the event of the denial of a license to any applicant by the Clerk or the refusal of the Chief of Police to countersign a license, the applicant may request a hearing within a period of 30 days after such revocation, refusal or denial. Such requests shall be in writing and shall be made to the Village Board of the Village of Hamburg and filed with the Village Clerk within the period provided herein. The Village Board shall hear such applicant's request for a review of the determination of the Village Clerk or the Chief of Police.
[Amended 10-19-1998 by L.L.
No. 7-1998]
Any person who shall act as a solicitor or peddler, as herein defined,
without a license or who shall violate any of the provisions of this chapter
or who shall continue to act as a solicitor or peddler subsequent to the revocation
of his or her license shall, upon conviction thereof, be subject to a fine
not to exceed $250 and/or imprisonment for a term not to exceed 15 days, or
both, per each day on which such violation occurs.
[Adopted 10-19-1998 by L.L.
No. 7-1998]
This article is enacted for the purpose of regulating the conduct and
business practices of transient merchants within the Village of Hamburg.
As used in this article, the following terms shall have the meanings
indicated:
PERSON
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
TRANSIENT RETAIL BUSINESS
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer; on a parking lot or vacant parcel of
land; on part of a public right-of-way; or in any other place for a temporary
period of time. Lack of a rental or leasing agreement of three months' or
more duration, sealed by monetary consideration, shall be presumptive of a
temporary situation. The type of merchandise being offered for sale will have
no bearing on the designation.
The purpose of this article is to assist the government of the Village
of Hamburg, the management of its business, the preservation of good order
and the peace, health, safety and welfare of its inhabitants and the protection
and security of their property.
A. No person shall engage in business as a transient merchant
unless he shall first obtain a license to do so from the Village Clerk-Treasurer
no later than two business days before the first date of business.
B. The license fees for all licenses issued hereunder shall
be as set from time to time by resolution of the Board of Trustees.
An application for a transient merchant's license shall provide the
following information:
A. The address of the applicant's residence.
B. The firm or firms represented, together with copies of
documents establishing the firm's state or county, form of organization, ownership
and qualifications to do business in the state and exact relationship between
the firm and the transient merchant.
C. A brief description of the firm and the kind of goods
or commodities the applicant desires to sell.
D. The hotel, room or other location where the applicant
proposes to sell such merchandise and the time during which said business
is to be conducted.
This article shall not be held to apply to any of the following:
A. Sales conducted pursuant to statute.
B. Sales conducted pursuant to the order by any court.
C. Any person selling personal property at wholesale to
dealers in such articles.
D. The sale of fruits and vegetables raised on the property
where being sold.
E. Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General Business
Law of the State of New York.
F. Persons soliciting, collecting or operating a sale on
behalf of any bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy cause deemed to be in the public
interest.
G. Any person selling personal property at a garage sale
held at his residence.
A license may be summarily revoked by the Village Clerk-Treasurer by
reason of a violation of the terms of the license, the violation of any municipal
law, state or federal statute or falsification in applying for a license.
Written notice of such revocation, stating the terms thereof, shall be personally
served upon the licensee or mailed to the address given in the application.
Upon the filing of such notice of revocation in the Village Clerk-Treasurer's
office, with affidavit of service by mailing, such license shall be revoked.
A hearing upon the revocation of the license shall be granted the licensee
if said licensee shall request such a hearing as hereinafter provided.
Any person violating the provisions of this article shall be guilty
of a violation and, upon conviction thereof, shall be fined not less than
$100 nor more than $200 for each offense and, further, shall be directed to
obtain a license pursuant to this article, paying the appropriate fee. Every
day that a violation of this article shall continue shall constitute a separate
and distinct offense.
The provisions of this article are declared to be severable, and if
any section, subsection, sentence, clause or part thereof for any reason is
held to be invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of any remaining sections, subsections,
sentences, clauses or part of this article.