Village of Westfield, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 4-18-1961 as Ch. I, Art. XXIV, of the 1961 Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 62.
No person shall at any time offer for sale, as a hawker, peddler or solicitor, any goods, services, wares, provisions or merchandise at retail in any manner on any of the public streets or places within the Village of Westfield or engage in distributing and peddling handbills and other advertising matter in any manner in any of the public streets or places or from house to house within said Village, without having procured a license as required by the terms of this chapter. This chapter shall not apply to a person, copartnership or corporation engaged in interstate commerce, and such person, copartnership or corporation shall receive a license from the Village Clerk without charge therefor upon filing of satisfactory evidence, by affidavit or otherwise, with said Clerk, showing that the person, copartnership or corporation is engaged in interstate commerce.
As used in this chapter, the following terms shall have the meanings indicated:
HAWKER AND PEDDLER
Any person, either principal or agent, who, from any car on a railroad track or in the public streets or public places or by going from house to house on foot or on or from any animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except milk and newspapers.
PERSON
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.
SOLICITOR
Any person who goes from place to place or house to house or 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.
A. 
Nothing in this chapter shall be held to apply to:
(1) 
Any sales conducted pursuant to statute or by order of any court.
(2) 
Any person selling personal property at wholesale to dealers in such articles.[1]
[1]
Editor's Note: Original § 84-3A(3), which immediately followed this subsection, regarding humanitarian exemptions, was deleted 10-30-1995 by L.L. No. 5-1995.
(3) 
Farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens, including meats, fish, fruit, vegetables and farm produce.
(4) 
Any honorably discharged member of the Armed Forces of the United States who has procured a license as provided by the General Business Law of the State of New York.
[Amended 10-30-1995 by L.L. No. 5-1995]
(5) 
Berry pickers who sell berries of their own picking.
B. 
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 Westfield to act as a hawker, peddler or solicitor, as herein defined, or to distribute and peddle handbills or other advertising matter 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 a hawker, peddler or solicitor, as herein provided, or to procure a license for distributing and peddling handbills and other advertising matter shall file with the Village Clerk a written application upon a blank form prepared by the Village Clerk and furnished by the Village.
[Amended 10-30-1995 by L.L. No. 5-1995]
B. 
Such application shall give:
(1) 
The name and kind of vehicles, if any, 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 method of distribution.
(4) 
The name, address and age 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.
C. 
Such applications shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices, if any, to be used by the applicant have been examined and approved.
A. 
Upon the filing of the application and certificate, as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 114-4, signed by the Village Clerk. Except as hereinafter provided, no license shall be refused, except for a specific reason and for the protection of public safety, health or morals or 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 shall be lost or destroyed on the part of a holder, his agent or employee, a duplicate, in lieu thereof, under the original application, 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 such 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 dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
E. 
Such license shall ordinarily expire on January 1 following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date.[1]
[1]
Editor's Note: Original § 84-6F, which immediately followed this subsection and which limited the number of vehicles allowed, was deleted 10-30-1995 by L.L. No. 5-1995.
F. 
No applicant to whom 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.
G. 
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
[Amended 10-30-1995 by L.L. No. 5-1995]
Fees shall be as provided from time to time by resolution of the Board of Trustees.
The Village Clerk may, at any time, for a violation of this chapter or any other ordinance or law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license 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 by filing a copy of such notice with the Village Clerk.
A licensed hawker, 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. 
Not allow the vehicle and receptacles used by him to become in an unsanitary condition and shall keep the foodstuffs and eatables 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 nor shout or cry out his wares.
D. 
Not stand or permit the vehicle used by him to stand 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 create or maintain any booth or stand or place any barrels, boxes, crates or any other obstruction 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 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 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 10-30-1995 by L.L. No. 5-1995]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall be guilty of an offense and shall be subject to a fine not exceeding $250 or a term of imprisonment not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.