This chapter is enacted for the purpose of regulating the conduct and
business practices of transient vendors within the Village of Pulaski. The
purpose of this chapter is to assist the Village of Pulaski in
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 its property.
As used in this chapter, the following terms shall have the meanings
indicated:
PEDDLER
Any person who, in any public street or public place, on foot, or
from any nonmotorized vehicle standing in a street, offers for sale or barter,
or carries or exposes for sale or barter, any goods, wares, merchandise, food
or service.
PERSON
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
SOLICITOR
A person doing business through the act of selling, offering for
sale, soliciting orders for future sales or demonstrating or making estimates
of services, merchandise, works of art, or goods of any kind, meats, seafoods,
vegetables or fruit by going from house to house, and not by remaining stationary
in any private or public place or motor vehicle for the purpose of making
or soliciting sales or demonstrating or making estimates of services to the
general public.
TRANSIENT RETAIL BUSINESS
One conducted in a store, hotel, motel, building, tent, lot, truck,
tractor-trailer or structure for the retail or discount sale of any goods,
wares, food and merchandise, or by a solicitor or peddler, and which is intended
to be conducted for a temporary period of time and not permanently. If the
place in which a business is conducted is rented or leased for a period of
six months or less, such fact shall be presumptive that the business carried
on therein is a transient retail business.
TRANSIENT VENDOR
A person who engages in or proposes to engage in a transient retail
business, including peddlers and solicitors as defined herein.
[Amended 8-10-1998 by L.L.
No. 2-1998]
No person shall engage in business as a peddler, solicitor or transient
vendor unless he shall first have obtained a license to do so from the Village
Clerk-Treasurer no later than 10 business days before the first date of business.
The fee for a transient vendor's license shall be as established by the Village
Board.
Before any person who is a nonresident of New York State shall have
a license issued hereunder, such person must provide to the Village Clerk-Treasurer
proof of authorization to the New York State Secretary of State to receive
service pursuant to the Business Corporation Law § 304. A certified
copy of such authorization shall be filed with the Village of Pulaski Clerk-Treasurer.
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 shall also be required to apply for a license as set forth in §
96-4 of this chapter and shall further be required to follow the terms and conditions under which the license may be issued.
Nothing in this law shall be held to apply to any of the following:
A. Sales conducted pursuant to statute.
B. Sales conducted pursuant to the order of any court.
C. Any person selling personal property at wholesale to
dealers in such articles.
D. The peddling of trees, fruit and similar produce by farmers
and persons who produce such commodities or to dealers in milk, baked goods,
heating oil and daily newspapers.
E. Persons soliciting, collecting, or operating a sale on
behalf of any bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy causes deemed by the Mayor to be
in the public interest.
[Amended 8-10-1998 by L.L.
No. 2-1998]
F. Any person selling personal property at a garage sale
held at his residence.
G. Any person selling personal property at a Village-sponsored
event.
[Added 8-10-1998 by L.L.
No. 2-1998]
The Zoning Chapter of the Village of Pulaski shall apply to all licenses
granted under this chapter. The Village reserves the right to revoke any license
which violates such chapter.
The owner, proprietor or manager of any hotel, motel, rooming house
or other place of public accommodation shall report, within six hours after
renting, to the Oswego County Sheriff, the name of any person who has rented
a room or other space for the sale and display of merchandise as a transient
vendor, giving the location of the room so rented.
Any person violating the provisions of this section shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punishable by a fine
of not more than $1,000, imprisonment for not more than one year, or both,
for each offense; and every day that a violation of this section shall continue
shall constitute a separate and distinct offense.