As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where a person transacts business
and deals in the goods, wares and merchandise or other commodities referred
to in this chapter.
HAWKER and PEDDLER
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 the going from house to house or from place of business
to place of business, on foot or on or from any animal, cart or vehicle, sells,
vends or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise, except newspapers and periodicals
and meats, fish, milk, fruit and farm produce by farmers and persons who produce
such commodities, or who takes or offers to take orders for the sale of goods,
wares or merchandise for future delivery or for the performance of future
services, whether or not advance payment is collected.
PERSON
One or more persons of either sex, corporations, partnerships, associations,
joint-stock companies, societies and all other entities of any kind capable
of being sued.
It shall be unlawful for any person within the corporate limits of the
Town of Somers to act as a hawker and peddler, as herein defined, without
first having obtained and paid for and having in force and effect a license
therefor issued by the Town Clerk.
The Town Clerk shall supply badges and vehicle plates to licensed hawkers
and peddlers. Such badges and plates shall not be transferred or assigned.
Upon the expiration of the license, the licensee shall surrender his badge
and/or vehicle plate to the Town Clerk. It shall be unlawful for any person
to destroy, deface or injure such badge or plate in any manner or to change
the number thereon. It shall be unlawful for any person to wear or have in
his possession such badge or plate unless he is the licensed hawker or peddler
in whose name the license is issued. Such licensee, while exercising his license,
shall wear on the front of his outermost garment, the badge so provided, which
badge shall state the number. The vehicle plates shall be displayed by every
licensee operating a vehicle, one on each side of the body of the vehicle
used by him in the exercise of his license. Such vehicle plates shall state
the number of the license and the date of expiration. The wearing of the badge
and the display of the vehicle plates are hereby made conditions of every
license to which such badge or plates apply, and failure by the licensee to
wear the badge or to display the vehicle plates, as aforesaid, while in the
exercise of his license, shall be cause for the revocation of such license.
Every vehicle used by a licensed hawker or peddler 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 height in a
conspicuous place on the outside of each side of every 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 Town Board may, at any time, for a violation of this chapter or
any other ordinance or any law, revoke any license. When a license shall be
revoked, no refund of any 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 Town Clerk upon the person named in the application or by mailing
the same to the address given in the application. The granting, refusing or
revocation of such a license by the Town Board shall be subject to review
by certiorari. The Town Clerk may suspend a license issued under this chapter
for a period of time not exceeding 30 days upon consultation with the head
of the Somers Police for the same grounds and upon the same notice applicable
to a revocation of the license as described above.
A hawker or peddler shall:
A. Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B. Not wear the badge provided by the Town Clerk or use
the vehicle plates after the expiration or revocation of the license represented
by them.
C. Keep the vehicles and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects.
D. 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 so
as to create a nuisance.
E. Not stand or permit the vehicle used by him to stand
or exercise his license 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.
F. 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.
G. Not permit any vehicle used by him to stop or remain
on any crosswalk.
H. 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.
I. Not enter upon private or public property for the purpose
of hawking and peddling before 10:00 a.m. or after 7:00 p.m. except upon the
express invitation of the owner or occupant of such property.
It shall be the duty of the Town 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 such 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.
This chapter shall not prevent or in any manner interfere with the hawking
or peddling without the use of any but a hand-driven vehicle, in any street,
avenue, alley, land or part of the Town of Somers, by an honorably discharged
soldier, sailor or marine who is a cripple as a result of injuries received
while in the military or naval service of the United States and the holder
of a license granted pursuant to § 32 of the General Business Law
of the State of New York; but all other veterans desiring to hawk, peddle
or vend goods within the limits of the Town of Somers shall comply with the
provisions of this chapter.
The violation of any provision of this chapter shall be punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment.