[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 1-8-1979 as L.L. No. 2-1979. Sections
88-17 and 88-18 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The Village Board of the Village of Sylvan Beach, in order to promote
the general safety, health and welfare and in the exercise of its police powers
to promote the same, after due consideration and hearing all opposed and in
favor, does hereby find that the general health, welfare and interest of the
public will be protected by the adoption of the following chapter.
For the purpose of this chapter, the terms used herein are defined as
follows:
Includes any building, store or fixed depository in which or where
a person transacts business, sells or deals in goods, wares, retail foods
and merchandise which he offers for sale or for which he solicits orders,
as hereinafter defined, or in which goods, wares, retail food and/or merchandise
is given away in return for skill.
Except as herein expressly provided, includes any and all persons
who, either as principals or agents, sell, barter, offer for sale or barter
or carry or expose for sale or barter any goods, wares, retail foods or merchandise
within the limits of the Village of Sylvan Beach, whether on public or private
property, or by going from house to house or from place of business to place
of business, on foot or on or from or by means of any vehicle, conveyance
or stand within the limits of Sylvan Beach, whether on public or private property.
[Amended 7-28-1986 by L.L. No. 3-1986]
A person to whom a license has been granted pursuant to this chapter.
Includes the selling, bartering or trading or offering to sell, barter
or trade any goods, wares, retail foods, commodities or services.
Includes any individual, firm, partnership, corporation, unincorporated
association and all other entities of any kind, or any principal or agent
thereof.
Includes any person who goes from house to house or from place of
business to place of business or who stands in any street, public highway
or public place and takes or offers to take orders for goods, wares, retail
foods or merchandise, except as hereinafter exempted, or for services to be
performed in the future or for making, manufacturing or repairing any article
or thing whatsoever for future delivery.
It shall be unlawful for any person within the limits of the Village
of Sylvan Beach to act as a hawker, peddler or solicitor as heretofore defined
in this chapter, except in conformity with the provisions of this chapter,
and without first having obtained and paid for and having in force and effect
a license as provided herein.
[Amended 7-28-1986 by L.L. No. 3-1986]
Nothing in this chapter shall authorize, allow or otherwise permit any
person to act as a hawker, peddler or solicitor, as heretofore defined in
this chapter, with or without a license, on all village-owned property and
that property under its jurisdiction. including private property, the A-1
Amusement District, the P Public Use Districts and the L-1 Lakefront District,
including all streets and highways within and bounding these districts, unless
prior written approval is obtained from the Village Board.
[Amended 7-28-1986 by L.L. No. 3-1986]
Every applicant for a license under this chapter shall file with the
Village Clerk on or before April 15, or at a later date a special permit may
be issued by the Village Board, a sworn written application, in duplicate,
on a form to be furnished by said Clerk, which shall give or be accompanied
by the following information:
A.
The name and description of the applicant.
B.
The permanent home address and full local address of
the applicant.
C.
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship, and the name and address
of a person upon whom legal process and notice may be served.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such vehicle
and its license number.
G.
The place where the goods or property to be sold or offered
for sale are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
H.
A photograph of the applicant taken within 60 days immediately
prior to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches by two
inches.
I.
Two business references located in the County of Oneida,
State of New York or, in lieu thereof, such other available evidence of the
character and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and responsibility.
J.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any local, state or federal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
K.
If peddling or soliciting is to be conducted as a team,
group or other organized party under single leadership or direction, control
or sponsorship, the above-required personal information shall also be supplied
as to such leader or person in charge and with respect to each other person,
employee or agent so involved.
L.
If the applicant represents or is the agent for a principal,
there shall be appended to the application a letter or other evidence of authorization
or agency from the principal describing the nature and scope of such applicant's
authority and any restrictions, limitations and conditions imposed on such
applicant by the principal agency or organization he represents. In addition,
copies of each order form, contract or other form or document to be utilized
by the applicant in such sale or solicitation shall be attached to the application.
M.
Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count as provided
under Article 16 of the Agriculture and Markets Law of the State of New York,
such application shall be accompanied by a current valid certificate from
the Sealer of Weights and Measures having jurisdiction thereof certifying
that all weighing and measuring devices to be used by the applicant have been
examined and approved.
N.
A statement as to whether any previous application for
a license was made and the disposition of the application.
O.
The location of places in which the applicant has been
in business during the previous year.
P.
If the applicant is to offer any kind of foodstuffs for
sale, the application shall be accompanied by a current valid certificate
from the Oneida County Health Department or New York State Health Department
indicating that the applicant's cart or vehicle used to convey said foodstuffs
is in compliance with all applicable regulations and has been inspected by
said Health Department.
Q.
Satisfactory proof of compliance with all New York State
and Oneida County sales tax regulations.
R.
Proof of general liability insurance in the amount of
$100,000 and with the village listed as named insured.
S.
Any additional information required by any competent
village office or agency in the interest of the health, safety and welfare
of the citizens of the village.
[Amended 7-28-1986 by L.L. No. 3-1986]
A.
The Codes Enforcement Officer shall verify the statements
and information given on the application and shall recommend approval or disapproval
of the application.
B.
Based on the Codes Enforcement Officer's recommendation,
the Village Clerk, with the approval of the Village Board, shall, within 30
days, approve the application and issue a license or shall deny the application.
[Amended 7-28-1986 by L.L. No. 3-1986]
If the Village Clerk, with the approval of the Village Board, denies
the applicant a license, he/she shall endorse on such application such disapproval
and the reason for the same and shall forthwith notify the applicant, in writing,
of such denial and of his/her right of appeal as herein provided.
[Amended 7-28-1986 by L.L. No. 3-1986]
Any applicant who shall have been denied a license by the Village Clerk
under the provisions of this chapter may appeal, in writing, to the Village
Board of the Village of Sylvan Beach, and the decision of the Village Clerk
may be upheld or reversed by the Village Board. An applicant who files a notice
of appeal at least one week prior to the next regularly scheduled Village
Board meeting shall have the right to have his appeal heard at said meeting.
The Village Board shall, within one week of the appeal hearing, notify the
applicant, in writing, of the Board's decision.
A.
Every person to whom a license is granted hereunder shall
carry the same at all times while hawking, peddling or soliciting and shall
produce and exhibit the same to any person requesting or demanding to see
it.
B.
Failure to produce a license upon demand shall be deemed
prima facie evidence that no license exists.
[Amended 7-28-1986 by L.L. No. 3-1986]
A.
The fees for each license issued pursuant to this chapter
shall be determined annually by resolution of the Village Board.
B.
The Village Clerk, however, shall issue a license for the period of one season or any portion thereof. The initial fee will cover one vehicle and one driver-salesman; $30 for each additional salesman or assistant and $30 for each additional vehicle and driver-salesman shall be required. The fees listed in this Subsection B shall annually be reviewed by the Village Board and may be revised by resolution of said Village Board.
The fee for such license shall be paid to the Village Clerk.
The Village Clerk shall keep a record of all applications and of all
licenses granted under this chapter and the amount of fee paid therefor.
[Added 7-28-1986 by L.L. No. 3-1986]
A.
No person shall engage in hawking, peddling or soliciting
within the village until he shall have obtained a license in writing to conduct
such business from the Village Clerk and shall have deposited with the Village
Clerk the sum of $500 in cash, certified check or bank draft or performance
bond in the amount of $500 as security.
B.
Upon the filing with the Village Clerk of satisfactory
proof that the person so making such deposit has discontinued such hawking,
peddling or soliciting and returns his license to the Village Clerk, the Village
Clerk shall return said deposit or so much there of as shall remain after
deducting all sums due the village under the provisions of this chapter.
C.
Any sum of money deposited with the Village Clerk pursuant to Subsection A of this section which shall be left unclaimed for a period of 30 days after the termination of a license to engage in hawking, peddling or soliciting by a person making said deposit shall, upon notice to the license holder, be forfeited to the general fund of the village. For the purposes of this section, "notice" shall be defined as the mailing of a registered letter, return receipt requested, to the address set forth on the license-holder's application.
A.
For the purposes of this chapter a licensee shall not:
(1)
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his business
or offer for sale any provision, food or merchandise that is unwholesome,
unfit, deleterious or harmful to the user or consumer thereof.
(2)
Peddle at or solicit at a private residence which has
displayed a sign bearing the words "No Peddling or Soliciting," or words of
like intent, nor shall any licensee remain on the premises after the owner
or occupant thereof shall have requested his departure therefrom.
(3)
Keep the vehicles and receptacles used by him in an unclean
or unsanitary condition nor the foodstuffs and edibles offered for sale uncovered
and unprotected from dirt, dust, insects, contamination or spoilage or as
otherwise required by competent municipal health authority.
(4)
Permit any vehicle used by him to stop or remain on any
crosswalk.
(5)
Assign or transfer his license to any other person, and
any transfer to or use of such license by any other person shall be a violation
and shall automatically thereupon terminate such license.
(6)
Self-contained vehicles.
[Added 7-28-1986 by L.L. No. 3-1986]
(a)
Vend, sell, peddle, hawk or offer for sale as a peddler
or hawker from a pushcart or vehicle any goods, wares or foodstuffs, unless
such pushcart or vehicle be self-contained as that term is defined below.
(b)
Vend, sell, peddle, hawk, offer for sale or display any
goods, wares or foodstuffs from any table, stand, box, barrel or any other
apparatus which is not mounted on wheels and capable of being moved immediately
upon the direction of a police officer, fireman, building inspector or other
representative of the village.
(7)
Locate tables, chairs, benches or anything other than the pushcart or vehicle from which the permit-holder conducts his business on any public property, right-of-way, street or sidewalk, except as expressly provided herein. This subsection does not apply to established businesses as defined in § 88-2.
[Added 7-28-1986 by L.L. No. 3-1986]
(8)
Stop, sell, stand, place or allow his pushcart, vehicle
or wares within 100 feet of another peddler or solicitor or established business.
[Added 7-28-1986 by L.L. No. 3-1986]
(9)
Stop or park his pushcart or vehicle on the street during
hours when stopping, standing or parking has been prohibited by sign, village
law or New York State Vehicle and Traffic Code Regulations.
[Added 7-28-1986 by L.L. No. 3-1986]
(10)
Conduct business where curbs have been depressed to facilitate
pedestrian or vehicular movement.
[Added 7-28-1986 by L.L. No. 3-1986]
(11)
Interfere with pedestrian traffic on the sidewalk or
vehicular traffic on the street, nor shall any person interfere with the entrance
or exit space of any property abutting a sidewalk or street.
[Added 7-28-1986 by L.L. No. 3-1986]
(12)
Create a nuisance or a danger to health, life or property.
[Added 7-28-1986 by L.L. No. 3-1986]
(13)
Leave his pushcart or vehicle unattended during the hours
he is engaged in business.
[Added 7-28-1986 by L.L. No. 3-1986]
(14)
Leave his pushcart or vehicle on the sidewalk or street
overnight.
[Added 7-28-1986 by L.L. No. 3-1986]
(15)
Place his motor vehicle on any sidewalk in the village
for the purpose of peddling or soliciting.
[Added 7-28-1986 by L.L. No. 3-1986]
(16)
Stop or park a pushcart or vehicle within 50 feet of
any area designated by the village as a fire lane.
[Added 7-28-1986 by L.L. No. 3-1986]
(17)
Shout, make any outcry, blow a horn, ring a bell, use
any sound device or any loudspeaker, including any loud speaking radio or
sound-amplifying system, upon any of the streets, alleys, parks or other public
places of the village where the sound is sufficient to be capable of being
plainly heard upon the streets, avenues, alleys, parks or other public places
for the purpose of attracting attention to any goods, wares or merchandise
which such license-holder proposes to sell, unless by special permit by the
Village Board.
[Added 7-28-1986 by L.L. No. 3-1986]
(18)
Have an exclusive right to any location in the public
streets or be permitted a stationary location or be permitted to operate in
any congested area where his operation might impede or inconvenience the public.
[Added 7-28-1986 by L.L. No. 3-1986]
(19)
Engage in mind reading, fortune-telling, palm reading
or other acts attempting to foretell the future or past as defined in § 165-35
of the New York State Penal Code.
[Added 7-28-1986 by L.L. No. 3-1986]
B.
Required conduct.
[Added 7-28-1986 by L.L. No. 3-1986]
(1)
Every peddler or solicitor shall maintain the area immediately
surrounding his pushcart or vehicle in a clean manner.
(2)
Each peddler or solicitor selling or offering for sale
foodstuffs for immediate consumption shall provide at least one trash receptacle
for the disposal of refuse. He shall be required to maintain the receptacle
as provided and shall not allow said receptacle to become so filled as to
overflow onto the ground, sidewalk or street. He shall not empty his own receptacle
or refuse into village owned or leased containers, barrels or dumpsters.
The Village Board may suspend any license issued hereunder upon receiving
information giving reasonable cause to believe that any licensee hereunder
has either violated this chapter by an act involving moral turpitude, physical
abuse, threats, intimidation or harassment or has been convicted of any violation
of this chapter or of any crime or offense endangering the peace, safety,
health or general welfare of the inhabitants of the village. Within 14 days
after such suspension, the Village Board shall conduct a hearing and issue
its determination as to whether the license shall be revoked or reinstated.
A.
Except as otherwise provided by § 88-4, no part of this chapter shall be enforced so as to conflict with § 32 of the General Business Law of the State of New York, providing for exemptions for veterans.
B.
Except as otherwise provided by § 88-4, nothing in this chapter shall apply to or prevent:
(1)
Sales conducted pursuant to statute or by order of any
court.
(2)
Sales by wholesalers to either retailers or merchants
having an established place of business within the Village of Sylvan Beach.
(3)
Hawking, peddling and soliciting by farmers and truck
gardeners who reside in the Village of Sylvan Beach and who sell or offer
to sell products of their own farms or gardens.
(4)
Hawking, peddling and soliciting by members of any American
Legion or VFW Post or auxiliary thereof, fire department and auxiliary, church
or other religious or fraternal organization, clinic or other not-for-profit
corporation located in the Village of Sylvan Beach when done for the purpose
of raising money for the benefit of such organization and provided, further,
that said organization has, prior to engaging in any hawking, peddling and
soliciting, registered with the Village Clerk notice of such activity.
(5)
Sales of milk or newspapers.
(6)
The operation of the senior citizens flea market which
has been historically operated in the village park; however, the Village Park
Commissioners shall annually set fees and conditions for the operation of
said flea market. Said conditions are to be made to protect the health, welfare
and safety of the people of the village.
[Added 7-28-1986 by L.L. No. 3-1986]
(7)
The operation of any vehicle rides or tours, whether
mechanical or animal powered; however, the Village Board of Trustees shall
annually set fees and conditions for the operation of these rides or tours
before a license is granted. Said conditions are to be made to protect the
health, welfare and safety of the people of the village.
[Added 7-28-1986 by L.L. No. 3-1986]
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not to exceed $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
The Codes Enforcement Officer, the duly authorized peace officer and/or
their duly designated assistants shall investigate all complaints received
by them, the Village Clerk or the Village Justice. If the peace officer, the
Codes Enforcement Officer or their duly designated assistants find probable
cause to believe that a violation of this chapter has occurred,
they shall issue an appearance ticket pursuant to the Criminal Procedure Law.
