[HISTORY: Adopted by the Board of Trustees
of the Village of Hastings-on-Hudson 10-5-1970. Amendments noted where applicable.]
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been revoked or suspended and the details thereof; and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]
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.
[Added 4-20-2021 by L.L. No. 2-2021]
Licenses may be issued under this chapter for solicitation in
a fixed location on a public street or sidewalk as follows:
A.
The Village
Board may from time to time by resolution identify the specific locations
and days and times when soliciting on public streets or sidewalks
shall be permitted and the types and size of equipment which may be
used. The Village Board may limit the number of licenses which may
be issued under this section for a specific day and same shall be
issued on a first-come, first-served basis.
