[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties as indicated in article histories. Amendments noted where applicable.]
Licensing — See Ch. 119.
[Adopted 7-16-1984 by L.L. No. 1-1984 as Ch. 80, Art. I, of the 1984 Code]
As used in this article, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for, during regular business hours.
- HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any boat or car on a railroad track or in any public street or public place or by going from house to house or place of business to place of business, on foot or from any animal or vehicle, sells or barters, offers for sale or barters or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and periodicals.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except newspapers 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.
Nothing in this article shall be held to apply to any sales conducted pursuant to statute or by order of any court to any person selling personal property at wholesale to dealers in such articles, to merchants having an established place of business within the Village or their employees for soliciting orders from customers and delivering the same, to farmers and truck gardeners, who themselves or through their employees vend, sell or dispose of products of their own farms and gardens, to any honorably discharged soldier, sailor or marine who has procured a license by the General Business Law of the State of New York, or to berrypickers who sell berries of their own picking. This article shall also not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person, within the corporate limits of the Village of Saugerties, to act as a hawker, peddler or solicitor, as herein defined, without first having obtained and paid for, and having in force and effect, a license therefor.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form prepared by the Village Clerk and furnished by the Village, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired; the kind of goods, wares and merchandises he desires to sell or the kind of service he desires to sell or the kind of service he desires to perform; the method of distribution; the name, address and age of the applicant; the name and address of the person, firm or corporation he represents; the length of time the applicant desires the license for; and such other information as may be required by the Village Clerk. Such application shall be accompanied by a certificate from the sealer of weights and measures certifying that all weights and measuring devices to be used by the applicant have been examined and approved.
An application for a license shall also be accompanied by a bond to the Village of Saugerties approved as to form and surety by the Village Attorney or the Mayor of the Village in the penal sum of $250 with sufficient surety or sureties or sufficient collateral security, conditioned for the due observance during the time of the license of any and all ordinances which are now in force or may be hereafter adopted by the Board of Trustees respecting hawking, peddling and soliciting. In the case of solicitors who demand, accept or receive payments or deposits of money in advance of final delivery, such bond shall be further conditioned for making final delivery of goods, wares or merchandise ordered or service to be performed in accordance with the terms of such order, or failing therein, that the advance payment on such be refunded. Any person aggrieved by the action of any such licensed solicitor shall have a 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 of Saugerties for a period of 90 days after the expiration of any such license, unless sooner released by the Village Clerk.
Upon the filing of the application, bond and certificate, as provided in the preceding section, the Mayor shall, upon his approval of such application, issue to the applicant a license as provided in § 134-3, signed by the Village Clerk.
Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable.
Any holder of such 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 of this article.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application for the license shall be applied for in the form 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 kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license plate, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee. Such licenses shall automatically expire on January 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date.
Such licenses shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 21 years of age.
No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection.
Every licensee shall carry the license with him and shall exhibit the same upon demand.
The rate of license and the license fee for the above pursuits is hereby fixed at a rate as set from time to time by resolution of the Board of Trustees.
Any licensee using a motor vehicle may employ two persons and no more to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor.
The vehicle kept or used by a licensee in the exercise of his license shall be marked on both sides with the number corresponding to the number on his license, and the words "Licensed Vendor" in plain letters and figures at least two inches in length and of such color as to be plainly read at a distance of at least 10 feet.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in length in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
The Village Clerk may, at any time, for a violation of this article or any other ordinance, or any law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor in writing shall be served by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application, and upon filing a copy of such notice with the Village Clerk.
A licensed huckster, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale; nor offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicles and receptacles used by him in a clean and sanitary condition, and the food stuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not 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.
Not stand to 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 of or lessee of the ground floor thereof objects.
Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Not 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.
All orders taken by licensed solicitors who demand, accept or receive payment or deposits of money in advance of final delivery, shall be in writing, in duplicate, stating 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 solicitor.
It shall be the duty of the Village Clerk to keep a record of all applications and all licenses granted under the provisions of this article, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
Any person who himself or by his clerk, agent or employee, shall act as a hawker, peddler or solicitor as herein defined, without a license, or shall violate any of the provisions of this article or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor, shall, upon conviction, be punished by a fine of not less than $250 or be imprisoned for a term not exceeding 15 days or both, and each day on which such violation continues shall constitute a separate offense.
[Adopted 7-16-1984 by L.L. No. 1-1984 as Ch. 80, Art. II, of the 1984 Code]
No person, firm or corporation without first having obtained a license therefor, as provided in this article, shall peddle goods, wares or merchandise in any public street, avenue, sidewalk, lane, alley or in any public place in the Village of Saugerties, or sell or offer for sale any goods, wares or merchandise in the open or from any booth or stand in any public street, avenue, sidewalk, lane, alley or in any public place in said Village; provided, however, that this section shall not apply to wholesale salesmen selling goods, wares or merchandise exclusively to merchants or dealers, or to the peddling of meats, fish, fruit or farm produce, or to the sale by public officers by order of any court of competent jurisdiction, or for the sale of meats, fish, fruit and farm produce in any public market now or hereafter authorized or established by the Board of Trustees of the Village.
[Amended 11-15-1993 by L.L. No. 4-1993]
Any person, firm or corporation applying for such license shall, at the time of making application therefor, pay a fee as set from time to time by resolution of the Board of Trustees for the following:
For each license for one year for peddling goods, wares and merchandise, except where a license for one or more days is issued as provided in Subsection B of this section, for a Village resident and for a non-Village resident.
[Amended 6-20-1994 by L.L. No. 2-1994]
For each license to peddle goods, wares or merchandise as above provided.
For each license to sell goods, wares or merchandise in and from any stand, as provided above.
Any person, firm or corporation violating any provision of this article shall, upon conviction, forfeit and pay a penalty not to exceed $250 or imprisonment for a term not to exceed 15 days, or both.