[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Such licenses shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
G.
No license shall be granted to a person under 21 years
of age.
H.
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.
I.
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.[1]
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
G.
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:
A.
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]
B.
For each license to peddle goods, wares or merchandise
as above provided.
C.
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.
