Village of Hastings-on-Hudson, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 10-5-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Ice cream and nonalcoholic beverages — See Ch. 170.
Licenses and permits — See Ch. 184, Art. II.
Noise — See Ch. 193.
Streets and sidewalks — See Ch. 252.
No person shall hawk, vend, peddle, solicit or offer for sale in or upon any street, park or other public place, or by going from house to house, in the Village of Hastings-on-Hudson any goods, wares or merchandise, and no person shall solicit from place to place or house to house or in any street or public place in said village orders for the sale of goods, wares, merchandise, periodicals or other commodities, or for service to be performed, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery without a license therefor granted by the Village Clerk in accordance with the provisions of this chapter, except that such license shall not be required:
A. 
Of any holder of a license granted pursuant to § 32 of the General Business Law;
B. 
For the soliciting of orders for, or peddling, vending or offering for sale, meats, fish, fruit or farm products by farmers or other persons who produce the same; or
C. 
Of any honorably discharged soldier, airman, sailor or marine who is crippled as a result of injuries received while in the military or naval service of the United States.
A. 
Each application for a license required by this chapter must be filed with the Village Clerk and must be accompanied by the required license fee. Such application shall be on a form provided by the Village Clerk and must be sworn to before a notary public and contain, among other things, the following information concerning the applicant:
(1) 
The applicant's full name, residence, place of residence for the five years previous to the applicant's present address, date and place of birth, height, color of eyes and hair, length of time the applicant has resided at present address, whether a citizen of the United States and, if a naturalized citizen, the place of securing such citizenship;
(2) 
Names and addresses of previous employers for the past five years;
(3) 
Marital status;
(4) 
All felonies or misdemeanors with which the applicant has been charged and the disposition of each such charge;
(5) 
What, if any, licenses for peddling or vending issued by any state, municipality or other such authority have previously been held by the applicant;
(6) 
All instances in which any such licenses may have been revoked or suspended and the details thereof; and
(7) 
Any other information of similar nature that may reasonably be required.
B. 
The application shall, after completion, be submitted to the Chief of Police for investigation, and his recommendation shall be endorsed thereon prior to the issuance thereof. No license shall be issued to a person who has been convicted of a felony, and a license may be denied to a person convicted of a misdemeanor.
Each applicant for a license required by this chapter shall file impressions of the fingers of the right and left hand on forms furnished by the Chief of Police under the supervision of such police officer as may be designated by the Chief of Police.
[Amended 9-21-1999 by L.L. No. 4-1999]
All licenses required hereunder shall contain a photograph and signature of the applicant. A portion of the photograph on each license shall be impressed with the seal of the village. All licenses shall be numbered in the order in which they are issued and shall contain the name and place of the residence of the licensee and the date of issuance and the date of expiration thereof. No licensee shall deface, remove, change or obliterate any official entry made upon said license in any respect whatsoever, and if such official license shall be defaced, obliterated or changed in any respect, the licensee shall report same immediately to the Village Clerk, who may, upon payment of a fee to be determined by the Village Board by resolution and set in the fee schedule,[1] issue a replacement license. Any license which shall be defaced, obliterated or changed in any respect shall be deemed void. Willful violation of this section shall subject the licensee to a fine of not more than $200.
[1]
Editor's Note: The fee schedule is on file in the village offices.
[Amended 9-21-1999 by L.L. No. 4-1999]
The license fees shall be as determined by the Village Board by resolution and set in the fee schedule.
No person shall solicit orders for, peddle, vend, hawk or offer for sale in any street, park or other public place, or by going from house to house, in the Village of Hastings-on-Hudson, any goods, wares, merchandise or service, except during the hours from 9:00 a.m. to 5:00 p.m. on Monday through Saturday of each week, other than legal holidays. This limitation on days and hours shall be set forth on each license issued pursuant to this chapter.
Every person while exercising a license issued under this chapter shall carry such license on his person and shall exhibit the same on demand. Every vehicle used by a licensee hereunder shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height and in a conspicuous place on the outside of every such vehicle used in the Village of Hastings-on-Hudson in the course of such business.
No licensee hereunder shall:
A. 
Falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or service or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
Blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry out his wares.
C. 
Stand or permit the vehicle used by him to stand in one place, in any public place or street, for more than 10 minutes, or in front of any premises for any time if the owner or lessee of the ground floor thereof objects, or in any place if traffic is thereby obstructed.
D. 
Sell any confectionery, ice cream or other edibles within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E. 
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.
F. 
Deposit or throw, or cause or permit to be deposited or thrown, any refuse or other substance upon any public or private property within the Village of Hastings-on-Hudson.
G. 
Keep the vehicles and receptacles used by him in a dirty and unsanitary condition or allow foodstuffs and edibles offered for sale to be kept uncovered or unprotected from dirt, dust and insects.
H. 
Permit or suffer any vehicle used by him hereunder to stand or remain within 500 feet of any grounds occupied by a school during school hours except as set forth in Subsection D hereinabove, or within 100 feet of any street intersection.
I. 
Attempt to hawk, vend, peddle or offer anything for sale to any person who objects thereto.
[Amended 9-21-1999 by L.L. No. 4-1999]
An application for a license shall also be accompanied by a surety bond, approved as to form and surety by the Village Clerk, in a sum to be determined by the Village Board by resolution and set in the fee schedule,[1] with a sufficient surety or sureties or sufficient collateral security for the due observance during the time of the license of any and all provisions of this chapter.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
All orders taken by a licensee hereunder who demands, accepts or receives 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 of money is paid to the licensee.
It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted hereunder, and it shall be the duty of the Chief of Police to keep a record of all complaints which may be made against any licensee or applicant hereunder.
Any person who violates any provision hereunder shall, upon conviction, be punished by a fine of not more than $200, and each day on which such violation continues shall constitute a separate offense, and such offense shall constitute disorderly conduct.
The Village Clerk may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license issued hereunder. When a license is revoked, no refund of any unearned portion of the license shall be made. Notice of such revocation and the reason(s) therefor shall be in writing and served by the Village Clerk either personally or by mailing the same to the address given in the application.
This chapter shall not apply to:
A. 
Religious, civic or philanthropic organizations which have a tax exemption as a charitable institution, pursuant to § 501, as amended, of the Internal Revenue Code.
[Amended 10-19-1982 by L.L. No. 6-1982]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding purveyors of ice cream, nonalcoholoic beverages, and other food refreshments, was repealed 6-17-2008 by L.L. No. 17-2008.
C. 
The hand delivery of merchandise, goods, wares, newspapers, periodicals or other items or commodities the purchase of which was not obtained by a door-to-door solicitation.