[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly 4-1-1929. Amendments noted where applicable.]
As used in this chapter, 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 public place or by going from
house to house or place of business to place of business, on foot
or on 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 and newspapers.
[Amended 9-15-1954]
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.
[Amended 6-14-1988 by L.L. No. 1-1988]
A.
The following are exempt from requirements of this chapter, except that they are still required to obtain identification cards as set forth in § 111-7.
(1)
Sales conducted pursuant to statute or by order of
any court.
(2)
Any person selling personal property at wholesale
to dealers in such articles.
(3)
Farmers and truck gardeners who, themselves or through
their employees, vend, sell or dispose of products of their own farms
and gardens.
(4)
Any honorably discharged soldier, sailor or marine
who has procured a license as provided by the General Business Law
of the State of New York.
(5)
Berry pickers who sell berries of their own picking.
B.
The provisions of this chapter shall not be held to
apply in any way to any merchant having an established place of business
within the Village, or any employee thereof, when soliciting orders
from and/or delivering merchandise to customers.
C.
This chapter shall not apply so as to unlawfully interfere
with interstate commerce.
It shall be unlawful for any person, within
the corporate limits of the Village of Waverly, 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 said Clerk and furnished by the Village and
shall file at the same time satisfactory proof of good character.
Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The address and age of the applicant.
(4)
The name and address of the person, firm or corporation
he represents.
(5)
The length of time the applicant desires the license.
(6)
Such other information as may be required by the Village
Clerk.
B.
An application for a license shall also be accompanied
by a bond to the Village of Waverly approved as to form and surety
by the Village Clerk 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 the case of a cash deposit, such deposit shall be retained
by the Village of Waverly 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 and bond as provided in the preceding section, the Village Mayor shall, upon his approval of such application, issue to the applicant a license as provided in § 111-3, signed by the Mayor, countersigned by the Village Clerk and endorsed by the Village Treasurer to the effect that the license fee has been paid. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals and general welfare.
B.
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 chapter.
C.
Whenever a license or badge 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 and bond, may be issued
by the Village Clerk upon the filing with him by the licensee of an
affidavit setting forth the circumstances of the loss and what, if
any, search has been made for its recovery.
D.
All 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.
E.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
F.
No license shall be granted to a person under 21 years
of age.
G.
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 or revocation, unless he can show that the
reason for such rejection no longer exists.
H.
Every licensee, while exercising his license, shall
carry the license with him and shall exhibit the same upon demand.
[Amended 10-7-1935]
A.
The license fees shall be as set forth from time to
time by resolution of the Village Board of Trustees for a license
to hawk, peddle or solicit.
[Amended 6-14-1988 by L.L. No. 1-1988]
B.
Any licensee using a horse and wagon or 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.
[Amended 6-14-1988 by L.L. No. 1-1988]
The Village Clerk shall supply identification
cards, with the expiration date clearly noted, to licensed hawkers,
peddlers and solicitors. Such identification cards shall not be transferred
or assigned. It shall be unlawful for any person in any manner to
destroy, deface or injure such identification card prior to its expiration
date or to change any information set forth thereon. It shall also
be unlawful for any person to have in his possession for identification
purposes such identification card unless he is the licensed hawker,
peddler or solicitor in whose name the license is issued.
Every vehicle used by a licensed hawker 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 height 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 Mayor may, at any time, for a violation
of this chapter or any other ordinance or any law, suspend any such
license until the next meeting of the Board of Trustees, and thereupon
said license may be revoked or continued by the Board. When a license
shall be suspended by the Mayor, he shall immediately give to the
licensee written notice of the suspension, the reasons therefor and
the time when the Board of Trustees will consider the question of
the revocation or continuation of the license. When a license shall
be revoked, no refund of any unearned portion of the license fee shall
be made.
A licensed huckster, peddler or solicitor 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 provision or merchandise.
B.
Not use the identification card or the vehicle plates
after the expiration or revocation of the license represented by them.
[Amended 6-14-1988 by L.L. No. 1-1988]
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.
E.
Not 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 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.
All orders taken by licensed solicitors who
demand, accept or receive 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 solicitor.
It shall be the duty of the Village Clerk to
keep a record of applications and of all licenses granted under the
provisions of this chapter, 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.
[Amended 6-14-1988 by L.L. No. 1-1988; 9-23-2008 by L.L. No.
1-2008]
A.
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 who shall violate any of the provisions of this
chapter, or who, having had his license revoked, shall continue to
act as a hawker, peddler or solicitor, shall, upon conviction thereof,
be punished by a fine of:
(1)
First offense: up to $250and/or up to 15 days in jail.
(2)
Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3)
Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4)
Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
B.
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this chapter, a subsequent conviction will be subject
to a first offense fine.
