[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley 1-6-1997 by L.L. No. 1-1997. Amendments
noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 53.
This chapter shall be known as and may be cited as the "Village of Newark
Valley Hawkers, Peddlers, Solicitors and Transient Merchants Law."
The purpose of this chapter is to require the licensing of hawkers,
peddlers, solicitors and transient merchants operating within the Village
of Newark Valley in order to protect the residents of the Village from the
fraudulent and criminal practices of unscrupulous persons posing as hawkers,
peddlers, solicitors and transient merchants.
For the purpose of this chapter, certain terms shall have the following
meanings:
Except as hereinafter expressly provided, any person, either principal
or agent, who from any public place or by going from house to house or place
of business to place of business, on foot or from any vehicle, sells, barters
or exposes for sale any goods, wares or merchandise or any other item of value
except those distributed on regular customer routes.
Any person who goes from residence to residence or place of business
to place of business or standing in any street or public place takes or offers
to take orders for goods, wares or merchandise or any other item or items
of value, except for those distributed on regular customer routes, or for
services to be performed in the future or for making, manufacturing or repairing
anything whatsoever for future delivery to the residence or place of business
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 residence or business of such person.
A merchant who sells merchandise from private property within the
Village limits for temporary periods of time only and does not conduct business
in buildings or structures which are assessed on the Village tax rolls.
A.
General. Nothing in this chapter shall be held to apply
to any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
By any person selling personal property at wholesale
to dealers in such articles.
(3)
By persons under the age of 18 years representing local
nonprofit organizations.
(4)
Relating to the peddling of meats, fish, fruits and farm
produce by farmers and persons who produce such commodities and by authorized
persons selling such items at farm markets whose locations and hours have
been approved by the Village Board.
(5)
By authorized persons selling personal property at sidewalk
sales whose location and hours have been approved by the Village Board.
(6)
By persons selling antiques, arts and crafts at shows
whose location and hours have been approved by the Village Board.
(7)
By persons selling their own household goods and clothing,
not purchased for resale, at yard sales on real property where they reside.
(8)
Conducted or authorized by nonprofit organizations having
offices in Tioga or Broome County, the proceeds of which shall be used for
charitable or organizational purposes.
B.
Interstate commerce. This chapter shall not apply as to unlawfully interfere with interstate commerce, and to that end, all persons claiming to be engaged in interstate commerce shall apply to the licensing officer for a certificate of compliance using the form of application described in § 116-6, Application. The applicant shall also submit satisfactory evidence that he or she is engaged in interstate commerce.
C.
Certification of compliance. When the applicant shall
have established to the satisfaction of the licensing officer that he or she
is engaged in interstate commerce, the licensing officer shall issue, without
charge, a certificate of compliance stating, among other things, that such
person has complied with the requirements of this chapter and has satisfactorily
established that he or she is engaged in interstate commerce. Such certificate
shall be carried by the person exercising it and must be exhibited upon demand.
Such certificate shall be deemed invalid after one year from the date of issue.
The securing of any such certificate by fraud or misrepresentation by any
person not in fact engaged in interstate commerce shall constitute a violation
of this chapter.
It shall be unlawful for any person within the limits of the Village
of Newark Valley to act as a hawker, peddler, solicitor or transient merchant
as herein defined or to assist the same without first having obtained and
paid for and having in force and effect a license therefor or having in force
a valid certificate of compliance.
A.
A person desiring to procure a license as herein provided
shall file with the Newark Valley Village Clerk-Treasurer a written application
upon a form furnished by the Village Clerk-Treasurer. Such application form
information shall consist of but not be confined to:
(1)
The method of distribution.
(2)
The tax identification number.
(3)
The length of time the applicant desires the license
(not to exceed one year).
(4)
Name, address (both permanent and temporary) and phone
numbers.
(5)
Social security number of the applicant.
(6)
Physical characteristics (age, weight, height, etc.).
(7)
Driver's license number and/or vehicle registration number.
(8)
The company represented.
(9)
The company address and phone number.
(10)
A description of items being sold.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures of the county certifying
that all weighing and measuring devices to be used by the applicant have been
examined and approved.
An application for a license as a solicitor or transient merchant who
demands, accepts or receives payment or a deposit of money in advance of final
delivery shall also be accompanied by a cash deposit of $1,000 or a surety
company bond of $10,000 or other bond secured by sufficient collateral, said
bond to be approved by the Village Attorney as to form and surety, conditioned
for making a final delivery of the goods, wares or merchandise ordered or
services to be performed in accordance with the terms of such order or, failing
therein, that the advance payment on such order be refunded. Any person aggrieved
by the action of any licensed solicitor shall have the right by action on
the bond for the recovery of money or damages or both. Such bond shall remain
in effect and, in the case of a cash deposit, shall be retained by the Village
of Newark Valley for a period of not more than 180 days after the expiration
of such license unless released sooner by the Village Board of Trustees.
A.
Village Clerk-Treasurer to issue or deny. Upon the filing
of the application, bond and certificate, as provided in the preceding sections,
and payment of the required fee, the Village Clerk-Treasurer shall, upon his
or her approval of such application, issue to the applicant a license. A license
may be refused if the applicant shall have been convicted of any violation
of this chapter.
B.
Appeal to the Board of Trustees. Any applicant who has
been refused a license by the licensing officer may apply to the Board of
Trustees thereto, and the same may be granted or refused by the Board of Trustees.
A license shall not be assignable. Any holder of a license who permits
it to be used by any other person and any other person who uses such license
shall be guilty of a violation of this chapter.
All licenses shall be issued from a properly bound book with reference
stubs maintained for that purpose, numbered in the order in which they are
issued.
Such license shall be valid for the term requested by the applicant
unless otherwise designated by the licensing officer. The term of the license
shall not exceed one year in duration.
Every licensee, in the course of exercising such license, shall carry
the license with him or her and must exhibit it upon demand.
The license fee for each person licensed in the Village of Newark Valley
as a hawker, peddler, solicitor or transient merchant shall be the fee adopted
and designated by resolution of the Village Board of Trustees.
A license issued pursuant to this chapter may be revoked after a public
hearing held by the licensing officer after due notice to the licensee. All
constitutional safeguards shall be afforded the licensee at such hearing.
A.
It shall be unlawful for any person to enter upon private
property for the purpose of peddling or soliciting before the hour of 9:00
a.m. on any day or after the hour of 7:00 p.m. on any day except upon the
express invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor in
plying his or her trade to ring the doorbell, knock upon or enter any building
whereon there is displayed to public view any sign containing the words "No
Peddlers," "No Soliciting" or any other wording, the purpose of which is to
prohibit peddling or soliciting on the premises.
C.
No peddler, solicitor or transient merchant shall falsely
or fraudulently represent the quantity, character or quality of any item offered
for sale.
D.
No peddler or solicitor shall sound a vehicle horn, ring
a bell or use any other means to attract attention to his or her wares.
All orders taken by licensed solicitors who demand, accept or otherwise
receive payment or deposit of money in advance of final delivery of services
or merchandise shall be in writing in duplicate stating the agreement terms
thereof and the amount paid in advance. One copy shall be given to the purchaser
at the time the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk-Treasurer to keep a record
of all applications submitted and of all licenses granted under the provisions
of this chapter. Information documented shall include but not be limited to
the number and date of issue of each license, the fee paid and the date of
revocation of all revoked licenses.
A violation of any provision of this chapter is hereby declared to be
a violation punishable by a fine of up to $250 or up to 15 days in jail, or
both.
