[HISTORY: Adopted by the Board of Trustees
of the Village of Millbrook 4-17-1990 by L.L. No. 3-1990 (Ch. 17 of
the 1974 Code). Amendments noted where applicable.]
The business of vending merchandise and refreshments
in the public streets, sidewalks, places and from door-to-door in
the Village of Millbrook should be regulated to protect the public
health, safety and welfare of the inhabitants of the Village of Millbrook,
to prevent congestion of traffic and travel, to minimize traffic hazards
and to maintain the residential character of residential neighborhoods.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barters or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value (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 term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value
(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 at the home or residence of any person
who has been solicited prior thereto by telephone or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
Includes any person who parks a motor vehicle on or near
a public street in connection with the operation of selling merchandise
and/or refreshments.
It shall be unlawful for any person to engage
in the sales of goods, wares, services or contracts or in the collection
of money within the Village of Millbrook, without first having duly
obtained and having in force, a license as herein provided.
A.
Nothing in this chapter shall be deemed to apply to
any person acting as a dealer in milk, bakery products, heating fuel
or newspapers.
B.
The fee and licensing requests shall be waived for
any person soliciting or collecting for any bona fide charitable,
service or religious organization.
C.
A license shall not be required:
(1)
For any holder of a license granted pursuant to § 32
of the General Business Law.
(2)
For any honorably discharged member of the armed forces
who is disabled as the result of an injury received while in the naval
or military service of the United States.
(3)
For those acting as foot peddler (as in parades or
other celebrations). A fee of $10 shall be assessed per day for each
such peddler.
(4)
For those participating in an event sponsored or operated
by a bona fide charitable, service and/or religious organization.
A.
Any person desiring a license, as herein provided,
shall file with the Village Clerk a written application therefore,
duly verified by the applicant upon blank forms provided by the Village
Clerk. A license may be taken out only by an individual and not in
the name of a firm, corporation, association, club or other group.
Such application shall include, but not be limited to, the following
information:
(1)
The name, address, date of birth, social security
number and motorist identification number of said person, and the
name of such corporation, firm, association, club, partnership or
any other organization involved.
(2)
A description of the type of goods, wares and/or merchandise
for which the applicant wishes to sell or solicit orders.
(3)
A description of vehicle that the applicant wishes
to use in carrying out his/her business or occupation.
(4)
The owner of any vehicle and registration details
thereof.
(5)
County Health Department permit number, if a food
vendor.
(6)
If peddling or soliciting for a corporation, the date
of incorporation, state in which it is incorporated and the name,
address, date of birth and social security number of all officers.
(7)
Whether the applicant has ever been convicted of a
crime and, if so, under what name, with a listing of such convictions,
including crime, jurisdiction, date and sentence imposed.
B.
Such application shall also be accompanied by three
photographs, two inches by two inches in size, taken within 30 days
prior to the date of filing of the application, with full face on
white background.
C.
Each person seeking a license shall submit a set of
fingerprints on a form approved by the Millbrook Police Department.
The license shall automatically expire on December
31 following the date of its issuance. The date of issuance and expiration
of the license, as well as the purpose for which it has been issued,
shall be set forth on the face thereof.
The license shall be carried on the person of
the licensee at all times while being exercised, and shall be exhibited
by the licensee to any person on demand thereof. A picture of the
applicant shall appear on the valid license with the Village Seal
imprinted on same.
[Amended 9-16-1991 by L.L. No. 4-1991]
The license shall not be transferable or assignable.
In the event that a licensee shall permit any person other than the
licensee to possess or use such license, such license shall automatically
be revoked, and the licensee shall thereby be guilty of violating
this chapter, and no application for a further license may be made
for period of one year from the date of revocation. This provision
shall not apply to any employee or family member of licensee.[1]
[1]
Editor's Note: The unnumbered paragraph of
former Section 6E, which immediately followed this section, regarding
license fees was deleted 12-16-1997 by L.L. No. 2-1997.
The license is good only for the purposes stated
thereon, and any change of product being sold or offered for sale,
without written consent from the Police Department, shall constitute
cause for revocation of the license, and the licensee shall thereby
be guilty of violating this chapter, and no application for a further
license may be made for a period of one year from the date of revocation.
If a Board of Health or other county permit is required, the sale
of a product not covered by such permit shall be a violation of this
chapter, and no application for a further license may be made for
a period of one year from the date of revocation.
[Amended 12-16-1997 by L.L. No. 2-1997]
The application fee for such license shall be
$150. In addition, a check or money order in the amount specified
by, and made payable to, the New York State Division of Criminal Justice
Services to cover the cost of processing the fingerprints, shall accompany
the license application. This fee is nonrefundable.
[Amended 9-16-1991 by L.L. No. 4-1991]
Provided that such application is made before
the prior license has expired, a license issued under the terms of
this chapter may be renewed by the Police Department for a fee of
$150. The fee shall not be refundable.
A.
Peddlers or solicitors shall not:
(1)
Enter upon private or public property for the purpose
of soliciting or peddling before the hour of 9:00 a.m. or after the
hour of 7:00 p.m. on any day, except upon the express invitation of
the householder or occupant.
(2)
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his/her
business or offer for sale any provision, food or merchandise that
is unwholesome, unfit or is otherwise harmful to the user or consumer
thereof.
(3)
Stand or remain, or permit any vehicle used in such
business to stand or remain, for more than 10 consecutive minutes
on the same street or place, or for more than 15 minutes of any hour
on any public place or street.
(5)
Peddle or solicit on private or public property which
has displayed a sign bearing the words, "No Peddling or Soliciting"
or words of like intent; nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested said licensee's
departure therefrom.
(6)
Have any exclusive right to location in the public
street nor shall any be permitted a stationary location for more than
10 minutes nor shall any be permitted to operate in a congested area
where such operation might impede or inconvenience the public. For
the purpose of this chapter, the judgment of any police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
(7)
Cry his or her wares, or make use of bells, whistles
or other noise, except that an ice cream vendor's bell may be rung.
B.
Such license shall include the right to use only one
vehicle of conveyance in carrying out the business for which the person
is licensed.
C.
Such license shall not be construed so as to supersede
any applicable ordinances.
D.
All orders taken by a licensed solicitor or peddler,
for which he or she demands, accepts or receives payment or deposit
of money in advance of final delivery, shall be in writing, in duplicate,
stating the terms thereof, and said amount shall be paid in advance,
and one copy shall be given to the purchaser at the time the deposit
of money is paid to the solicitor or peddler. Such orders can be taken
only in compliance with applicable state and federal laws and Federal
Trade Commission rulings, and nothing herein shall be taken to waive
such restrictions.
A.
Vendors shall:
(1)
Be restricted to two vendors per lineal mile.
(2)
Be required to provide a certificate of insurance
with their application in the amount of $1,000,000 absolving the Village
from any negligence on the part of the vendor and showing the Village
as named insured on the policy.
(3)
Obey all New York State Vehicle and Traffic Laws.
B.
Vendors shall not:
(1)
Enter upon private or public property for the purpose
of vending before the hour of 8:00 a.m. or after the hour of 4:00
p.m. on any day.
[Amended 9-16-1991 by L.L. No. 4-1991]
(2)
Create, erect or maintain any booth or stand or place
any barrels, boxes, crates or other container upon any street or public
or private property for the selling of or exposing for sale any goods,
wares or merchandise.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Police Department of the Village of Millbrook
for cause, after written notice, including but not limited to the
following:
(1)
Fraud, misrepresentation or false statements in the
application for the license.
(2)
Fraud, misrepresentation or false statements in the
course of carrying out the applicant's trade, business or occupation.
(3)
Any violation of this chapter.
(4)
Conviction of any felony.
(5)
Conducting the licensed business, trade or occupation
in an unlawful manner or in such a way as to breach the peace or to
constitute a menace to the health, safety or welfare of the public.
B.
In the event that such license be revoked, the fee
is nonrefundable.
An applicant who has had a license denied or
revoked by the Police Department may appeal to the Village Board,
in writing, within 30 days of the denial. The Village Board will thereafter
hold a public hearing to review the determination of the Police Department.
The Village Clerk shall keep an accurate record
of all licenses issued under this chapter.
