[HISTORY: Adopted by the Village Board of Trustees of the Village
of Pleasantville 12-14-1981 by L.L. No. 5-1981
as Ch. 17 of the 1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddlers and Solicitors
Law of the Village of Pleasantville, New York."
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he or she hawks, peddles
or solicits for during regular business hours on a daily basis.
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 by telephone or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books or any other item or
items of value (except dairy products, newspapers or periodicals) 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 or any other item or items of value
(except dairy products, newspapers or periodicals) 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.
A.
Generally. Nothing in this chapter shall be held to apply
to:
(1)
Any sales conducted pursuant to statute or by order of
any court.
(2)
Any person selling personal property at wholesale to
dealers in such articles.
(3)
Merchants having an established place of business within
the village where they deal in the goods being sold or offered for sale during
the regular business hours.
(4)
Farmers and truck gardeners who themselves or through
their employees vend, sell or dispose of products of their own farms and gardens.
(6)
Berry pickers who sell berries of their own picking.
(7)
The sale of or soliciting orders for dairy products,
newspapers and periodicals.
B.
Exempt organizations. Nonprofit organizations and persons
working for such organizations shall also be exempt. However, such organizations
shall register annually with the Village Clerk in the event that they plan
to engage in vending, hawking, peddling or soliciting and shall indicate the
type of activities to be undertaken and the time when they will be performed.
It shall be the responsibility of such organizations to furnish identification
for their representatives which must be exhibited upon demand.
C.
Interstate commerce. This chapter also shall not apply so as unlawfully to interfere with interstate commerce, and, to that end, all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the licensing officer for a certificate of compliance, using the form of application described in § 135-5; the applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.[2]
D.
Certificate of exemption. When the applicant shall have established to the satisfaction of the licensing officer that he or she is engaged in interstate commerce or is entitled to one or more of the above exemptions, the licensing officer shall issue to him or her, without charge, a certificate of exemption stating, among other things, that such person has complied with the requirements of this section and has satisfactorily established that he or she is engaged in interstate commerce or entitled to an exemption under Subsection A. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this chapter. For the purposes of this subsection, the identification issued by a nonprofit organization shall be deemed to be a certificate of exemption required by this subsection.
It shall be unlawful for any person within the limits of the village
to act as a hawker, peddler or solicitor as herein defined or to assist the
same without first having obtained and paid for and having in force and effect
a license therefor.
Any person desiring to procure a license as required by § 135-4 shall file with the licensing officer a written application upon a form prepared and furnished by the village. Such applicant shall file at the same time satisfactory proof of good character; shall furnish to the licensing officer the fingerprints of the person applying for such license, together with two photographs of such person taken within 30 days prior to the making of such application, and, in the event that the applicant is a corporation, there shall be furnished the fingerprints and such photograph or photographs of each of the persons who, as agent, employee or representative of such corporation, shall hawk, vend, peddle or solicit orders for goods, wares or merchandise or other commodities; and shall furnish to the licensing officer whatever other information may be required.
An application for a license as a solicitor who demands, accepts or
receives payment or deposit of money in advance of final delivery shall also
be accompanied by a cash deposit of $5,000 or a five-thousand-dollar surety
company bond 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 full force and effect, and in case of a cash deposit, such deposit shall
be retained by the village for a period of 90 days after the expiration of
any such license, unless sooner released by the Village Board of Trustees.
A.
Licensing officer to issue or deny. Upon the filing of the application, bond and certificate as provided in the preceding section and payment of the required fee, the licensing officer shall, upon approval of such application, issue to the applicant a license as provided in § 135-4. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which in the judgment of the licensing officer renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The licensing officer may also refuse a license to any person who in his or her judgment shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.
B.
Appeal to the Village Board of Trustees. Any applicant
who has been refused a license by the licensing officer may apply to the Village
Board of Trustees therefor, and the same may be granted or refused by the
Village Board of Trustees.
C.
An identification card must be issued to each approved
applicant by the Chief of Police and must be carried by said applicant when
peddling or soliciting within the Village of Pleasantville.
[Added 12-9-1991 by L.L. No. 11-1991]
A license issued pursuant to § 135-7 may be used and exercised by a duly authorized agent or employee of the licensee, provided that prior to such use the licensee shall file, in writing, with the licensing officer the name and address of the agent or employee authorized to use such license, and provided that such agent or employee furnish to the licensing officer his or her fingerprints and photographs, as provided in § 135-5, and receive from the licensing officer a license as such agent or employee, for which license there shall be no fee or charge. Such agent shall receive a license upon the approval thereof by the licensing officer.
A.
A licensee shall use not more than one vehicle at any time in the exercise of the privileges granted to him or her under such license issued pursuant to § 135-7 and shall employ not more than one assistant, provided that such assistant furnish to the licensing officer his or her fingerprints and the photographs as required in § 135-5 and receive from the licensing officer a license as such assistant, for which license there shall be no fee or charge.
B.
The duties of such assistant shall be confined to assisting
in making deliveries, and such assistant shall not at any time make or attempt
to make sales or receive or solicit orders.
[Amended 12-9-1991 by L.L. No. 11-1991; 5-23-1994
by L.L. No. 12-1994]
The fees for a license issued pursuant to § 135-7 shall be set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time. All fees shall be paid in full to the licensing officer prior to the issuance of the license.
A.
Terms.
(1)
Licenses issued pursuant to § 135-7 shall be of two kinds, yearly licenses, which shall become effective on the date of issuance and shall expire on the last day of May following such issuance, and daily licenses, which shall be effective on the days therein specified and on no other days.
(2)
Each license shall be signed by the licensing officer,
shall state the date of issuance thereof as well as the date of expiration
and, in the case of a daily license, the day or days on which it shall be
effective and may be exercised.
Every licensee, while exercising his or her license, shall carry the
license with him or her and shall exhibit the same upon demand.
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. of any day or after the hour of 9:00 p.m. of any day, except upon the
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 bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public view
any sign containing any or all of the following words: "No Peddlers," "No
Solicitors," "No Agents" or other wording the purpose of which purports to
prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall between the hours of 8:00
a.m. and 4:00 p.m. on school days peddle, vend or sell his or her goods or
wares within 250 feet of any place occupied exclusively as a public or private
school or for school purposes, nor shall he or she permit his or her cart,
wagon or vehicle to stand on any public highway within said distance of such
school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any person
or corporation in the village.
E.
No peddler or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his or her wares or shout or cry out his or her wares except in accordance with Chapter 123, Noise.
F.
Remaining in one place. No peddler or solicitor shall
remain or stand for the purpose of selling or endeavoring to sell or offering
for sale any products of any kind or nature whatsoever or for any similar
purpose shall not permit a vehicle, car, truck or any other method or means
used therefor to remain or stand in any one section, locality, spot or place
in any public place, highway or street continuously for more than a total
period of 15 minutes in any one day between the hours of 8:00 a.m. and 12:00
midnight.
G.
Cleanliness. All peddlers shall keep the vehicles and
receptacles used in a clean and sanitary condition and the foodstuffs and
edibles offered for sale well-covered and protected from dirt, dust and insects.
H.
Entering upon private property without prior permission.
(1)
Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the Village
of Pleasantville for the purpose of vending, peddling or soliciting an order
for any merchandise, device, work, services, book, periodical or printed matter
whatsoever; nor for the purpose of soliciting alms or a subscription or a
contribution to any church, charitable or public institution; nor for the
purpose of distributing any handbill, pamphlet, tract, notice or advertising
matter; nor for the purpose of selling or distributing any ticket or chance
whatsoever without the consent of the occupant of said premises previously
given.
(2)
Exception. This subsection shall not be construed to
apply to any person who has been a bona fide resident of the Village of Pleasantville
for a period of at least six consecutive months last past, nor to any person
who has maintained an established place of business in the Village of Pleasantville
for a period of at least six consecutive months prior thereto or his or her
duly authorized representative.
I.
It shall be unlawful for any peddler, solicitor, hawker
or vendor to motion to, call out to, signal or in any fashion attempt to solicit
business from persons operating or riding within motor vehicles on any highway,
road or street within the village.
[Added 11-27-1989 by L.L. No. 25-1989]
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing,
made in duplicate, stating the terms thereof and the amount paid in advance,
and 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 licensing officer 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 fee paid and the date of revocation
of all licenses revoked.
