[HISTORY: Adopted by the Board of Trustees
of the Village of Groton during codification 12-10-1990 as L.L. No. 7-1990; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
GENERAL REFERENCES
Shouting by hawkers and peddlers — See Ch.
131.
This chapter shall be known and may be cited
as the "Village of Groton Peddlers, Solicitors and Transient Merchants
Law."
As used in this chapter, the following terms
shall have the meanings indicated:
HAWKER AND PEDDLER
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, barters or purchases, offers
for sale, barter or purchase 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.
[Amended 5-16-1994 by L.L. No. 3-1994]
LICENSING OFFICER
Such person as shall be designated by the Village Board of
Trustees; provided, however, that in the event that no such designation
is made, the licensing officer shall be the Village Clerk.
SOLICITOR
Includes any person who goes from place to place or house
to house or by telephone or standing in any street or public place
takes or offers to take orders for, or offers to purchase, goods,
wares or merchandise, books, magazines, periodicals or any other item
or items of value except newspapers, dairy products 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.
[Amended 5-16-1994 by L.L. No. 3-1994]
TRANSIENT MERCHANT
A merchant who sells merchandise from private property within
the Village for temporary periods only and does not conduct business
in buildings or structures which are assessed on the Village tax rolls.
[Amended 5-16-1994 by L.L. No. 3-1994]
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 peddling of meats, fish, fruit and farm
produce by farmers and persons who produce such commodities and by
authorized persons selling such items at farm markets whose location
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, art and crafts at shows
whose location and hours have been approved by the Village Board.
(7) By persons selling their own used household goods
and clothing, not purchased for resale, at yard and lawn sales on
real property where they reside.
(8) Sales, conducted or authorized by nonprofit organizations
having offices in Tompkins County, the proceeds of which shall be
used for charitable or organizational purposes.
B. Interstate commerce. This chapter shall not apply so 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 §
149-5A. The applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.
C. Certificate 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 to him or her, without charge, a certificate of compliance
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. 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 shall constitute a violation of this chapter.
It shall be unlawful for any person within the
limits of the Village to act as a hawker, peddler, solicitor or transient
merchant as herein defined or assist the same without first having
obtained and paid for and having in force and effect a license therefor
or having in force and effect a certificate of compliance.
[Amended 5-16-1994 by L.L. No. 3-1994]
A. Any person desiring to procure a license as herein
provided shall file with the Village Clerk a written application upon
a form furnished by the Village Clerk. Such application shall give:
(1) Proof of a valid permit to hawk, peddle and/or solicit
issued by the Sheriff of Tompkins County in the form of a copy of
such permit.
(2) The number and kind of vehicles to be used by the
applicant in carrying on the business for which the license is desired.
(3) The kind of goods, wares and merchandise he or she
desires to sell or purchase or the kind of service he or she desires
to perform.
(4) The method of distribution.
(5) The name, address, tax identification number and age
of the applicant.
(6) The name, address and tax identification number of
the person, firm or corporation he or she represents.
(7) The length of time the applicant desires the license.
(8) Such other information as may be required by the licensing
officer to substantiate the above items.
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 shall 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 180 days after the expiration of any such
license, unless sooner released by the Board of Trustees.
A. Licensing officer to issue or deny. Upon filing of the application, bond and certificate as provided in the preceding section and payment of the required fee, the licensing officer shall, upon his or her approval of such application, issue to the applicant a license as provided in §
149-4. A license may be refused if the applicant shall have been convicted of any violation of this chapter.
B. Appeal to Board of Trustees. Any applicant who has
been refused a license by the licensing officer may apply to the Board
of Trustees therefor, and the same may be granted or refused by the
Board of Trustees.
A license shall not be assignable. Any holder
of any license who permits it to be used by any other person and any
person who uses such license granted to any other person shall each
be guilty of a violation.
Whenever a license shall be lost or destroyed
on the part of the holder or his or her agent or employee, a duplicate
in lieu thereof, under the original application and bond, may be issued
by the licensing officer upon the filing with him or her by the licensee
of an affidavit setting forth the circumstances of the loss and what,
if any, search has been made for its recovery.
All licenses shall be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in the order in which they are issued, and shall state clearly the
kind of vehicle to be used, the kinds of goods, wares and merchandise
to be sold or service to be rendered, the number of his or her license,
the date of issuance and expiration of the license, the fee paid and
the name and address of the licensee.
Such license shall be for such term as requested
by the applicant but shall not exceed one year.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
[Amended 5-16-1994 by L.L. No. 3-1994; 2-21-2005 by L.L. No.
1-2005; 3-16-2009 by L.L. No. 1-2009]
The license fee for each person licensed as
a hawker, peddler, solicitor or transient merchant shall be $75 per
quarter (three-month period).
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. of any day or after the hour of 7:00 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 peddle, vend or sell
his or her goods or wares on any public highway within 200 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, solicitor or transient merchant 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, solicitor or transient merchant 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 as otherwise permitted in this Municipal Code.
F. It shall be unlawful to create or maintain any booth
or stand or place any barrels, boxes, crates or other obstructions
upon any street or public place for the purpose of selling or exposing
for sale any goods, wares or merchandise.
G. No peddler, solicitor or transient merchant shall
represent or state or otherwise indicate that he or she is not intending
to sell or otherwise enter into a contract with any person in the
household.
H. Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the
Village of Groton 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 in person any handbill,
pamphlet, tract, notice or advertising material; nor for the purpose
of selling or distributing any ticket or chance whatsoever without
the consent of the occupant of said premises previously given.
I. Any contract or sale made in violation of Subsection
D,
G or
H shall be null and void and of no effect as to the person solicited, and any merchandise delivered shall be forfeited, and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
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 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 Village Clerk 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.
Violation of any provision of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
III, Penalties for Offenses.