[Amended 11-14-2005 by L.L. No. 6-2005]
No person shall hawk, peddle, solicit, sell
or offer to sell or solicit orders for the sale of any goods, wares
or merchandise or solicit subscriptions for any books, papers, magazine
or periodicals or offer any gift or sample in connection with a promotional
campaign for the sale of goods or merchandise or solicit contributions
of money, goods, or services, including the solicitation of personal
information for consumer or statistical survey purposes or otherwise,
or solicit orders for work, labor or services in any public place
or on any private property in the Village without first having obtained
a permit and license therefor upon written application to the Police
Department and, with respect to entering private property, without
also having first been expressly requested or invited, in writing,
to do so by the owner or lawful occupant of such private land or building.
Every applicant shall file with the Village
Clerk a surety bond, in the name of the Village, in the amount of
$1,000, with surety acceptable to and approved by the Mayor, conditioned
that said applicant shall comply fully with all the provisions of
the ordinances of the Village and the statutes of the State of New
York regulating and concerning the business of solicitor and guaranteeing
to any citizen of the Village that all money paid as a down payment
will be accounted for and applied according to the representations
of the solicitor, and further guaranteeing to any citizen of the Village
doing business with said solicitor that the property purchased will
be delivered according to the representations of said solicitor. Action
on such bond may be brought in the name of the Village to the use
or benefit of the aggrieved person.
Solicitors and canvassers are required to exhibit
their licenses at the request of any citizen or police officer. No
person shall solicit, hawk or peddle between the hours of sunset and
9:00 a.m.
It shall be the duty of any police officer of
the Police Department operating within the Village to require any
person seen soliciting or canvassing, and who is not known by such
officer to be duly licensed, to produce his solicitor's or canvasser's
license and to enforce the provisions of this chapter against any
person found to be violating the same.
The Chief of Police shall report to the Village
Clerk all convictions for violation of this chapter, and the Village
Clerk shall maintain a record of each license issued and record the
reports of violation therein.
Permits and licenses issued under the provisions
of this chapter may be revoked by the Mayor of the Village for any
of the following causes:
A. Fraud, misrepresentation or false statement contained
in the application for a license.
B. Fraud, misrepresentation or false statement made in
the course of carrying on business as a solicitor or as a canvasser.
C. Any violation of this chapter.
D. Conviction of any crime or misdemeanor involving moral
turpitude.
E. Conducting the business of soliciting or of 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.
Any person aggrieved by the action of the Chief of Police or the Village Clerk in the denial of a permit or license as provided in §
123-3 of this chapter or the action of the Mayor in assessing the fee as provided in §
123-4C or revoking a license as provided in §
123-9 of this chapter shall have the right to appeal to the Board of Trustees of the Village. Such appeal shall be taken by filing with the Board of Trustees, within 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. The Board of Trustees shall set a time and place for a hearing on such appeal, and at least five days' written notice of such hearing shall be given to the appellant. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
All annual licenses issued under the provisions
of this chapter shall expire on the 31st day of December in the year
when issued. Other-than-annual licenses shall expire on the date specified
in the license.
[Added 9-11-2000 by L.L. No. 3-2000]
Violations of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II.