[HISTORY: Adopted by the Board of Trustees of the Village of Geneseo 2-26-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating peddling and soliciting in order that the peace, health, safety, welfare, and good order of the Village of Geneseo and of its inhabitants shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASS and CANVASSER
- Considered as synonymous with the terms "solicit" and "solicitor."
- Any association of individuals, partnerships, firms, corporations, societies, limited liability company, or any other organization.
- ESTABLISHED PLACE OF BUSINESS
- A permanent building, store, or depository in which or where the person transacts business and deals in the goods, wares, or commodities he or she solicits or peddles in the ordinary and regular course of business.
- To sell goods in public places by calling out to people.
- One who hawks.
- The act of selling goods in public places by calling out to people.
- The selling, bartering, or trading of, or offering to sell, barter, or trade, any goods, wares, commodities, or services.
- To sell, or to offer for sale for immediate delivery, any goods, including but not limited to food, wares, or merchandise, inside the Village of Geneseo, other than from an indoor fixed place of business, by operating from a stationary place, or by going from house to house, from store to store, from street to street, or from place to place.
- Any person or company who peddles as herein defined. The words "peddler," "hawker," and "huckster" are considered synonymous terms.
- The selling or offering for sale of any goods, wares, or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his possession or control, from house to house, place of business to place of business, or any public street or public place, or by temporarily occupying a room, building, or other premises therefor within the Village of Geneseo, provided that the word "peddling" shall not apply.
- Includes any individual, firm, partnership, corporation, limited liability company, unincorporated association, and principal or agent thereof.
- To sell, or offer for sale for future delivery, any goods, including but not limited to food, wares, and other merchandise, or services to be performed, or to distribute advertising circulars, at any place within the Village of Geneseo, other than from an indoor fixed place of business, by operating from a stationary place, or by going from house to house, from store to store, from street to street, or from place to place.
- The selling, or offering for sale for future delivery, any goods, including but not limited to food, wares, and other merchandise, or services to be performed, or the distributing of advertising circulars, at any place within the Village of Geneseo, other than from an indoor fixed place of business, by operating from a stationary place, or by going from house to house, from store to store, from street to street, or from place to place.
- Any person who shall engage in soliciting as hereinabove defined.
It shall be unlawful for any person or company to peddle, hawk, canvass or solicit within the Village of Geneseo without having obtained a valid permit therefor from the Village Code Enforcement Officer.
The provisions of this chapter shall not apply to the following:
Any person soliciting at the express invitation of the person solicited or serving an established customer.
A wholesaler selling articles to dealers or merchants who have an established place of business within the Village.
Children or other representatives of local religious, charitable, civic/fraternal, educational, youth, or veteran organizations.
Persons delivering newspapers or other periodicals classified as second-class postal material.
Individuals delivering written materials pertaining to a candidate for public office or a political party.
Candidates for public office or their designated representatives campaigning door-to-door.
Vendors participating in a local festival, celebrations, or similar types of events who have been recognized by the event's organizers as participants in the activity.
The applicant shall pay to the Village Clerk-Treasurer the applicable fee, as established by resolution of the Board of Trustees, and shall file with the Clerk-Treasurer a written application which shall set forth the following information:
The name and address of the applicant and of all other persons who will engage in peddling or soliciting. Additionally, if the applicant is a company, the name, address, and title of an officer of the company responsible for the peddling or soliciting or, if there be no such officer, then of the person responsible for the peddling or soliciting.
The address at which process or other legal notice may be served, if different from Subsection A(1) above.
A brief description of the nature of the business to be conducted and the kind of goods to be peddled or solicited or of the services to be performed.
A notarized copy of professional accreditation or licensure if required by state and/or federal law to provide the goods or services being peddled or solicited.
The date(s) and time(s) when and the place(s) where peddling or solicitation shall take place.
If a vehicle is involved in the proposed peddling or solicitation, the name and address of the owner of vehicle, proof of valid registration, the vehicle license plate number, and proof of liability insurance, and the name, address, and valid driver's license of the driver of the vehicle.
If the applicant uses scales or measures in the business, there shall be filed with the application a current, valid certificate issued by Livingston County that the scales or measures have been tested and sealed.
Any approval required by any other law, rule, or regulation applicable to the goods or measures peddled or solicited shall be filed with the application.
A statement as to whether or not the applicant and all other persons who will engage in peddling or soliciting have ever been convicted of any crime or violation of any municipal law and, if so, the date and place thereof, the nature of the offense, the disposition of the charges, and the sentence imposed.
The application shall be accompanied by a photocopy of a valid driver's license, or other official photo identification document acceptable to the Chief of Police, for the applicant and all other persons who will engage in peddling or soliciting.
Upon receipt of such application, the Village Clerk-Treasurer shall refer same to the Village of Geneseo Police Department for an investigation of the applicant as deemed necessary by the Chief of Police for the protection of the public good. Within three business days from receipt of the application, the Chief of Police shall return to the Village Clerk-Treasurer a written recommendation as to whether or not a permit should be issued to the applicant and, if the recommendation is that the permit should not be issued, the reason(s) therefor.
The Village Code Enforcement Officer shall grant or deny the permit application after the Chief of Police's recommendation has been filed with the Village Clerk-Treasurer.
The permit fees for all permits issued hereunder shall be as set from time to time by resolution of the Board of Trustees.
The permit issued pursuant to this chapter shall:
Be in the possession of every peddler or solicitor at all times when peddling or soliciting, and shall be displayed upon request by any person.
Be personal to the applicant and persons named in the application and not transferable.
Continue in effect for the term specified in the permit application, not to exceed 60 days.
The permit issued pursuant to this chapter may be revoked by the Village Board of Trustees, after notice and hearing, upon the occurrence of any of the following:
Fraud, misrepresentation, or false statement contained in the permit application.
Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of peddling or soliciting.
The permittee's violation of this chapter or any other law of the Village of Geneseo.
The permittee's conviction of any crime or misdemeanor.
The permittee's conducting of the business of peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to create a threat to the health, safety, or welfare of the public.
Notice of a hearing for revocation shall be given in writing to the permittee, which notice shall be mailed by first-class mail to the address in the permit application, or such other address as the permittee has furnished in writing to the Village Clerk-Treasurer, at least five days prior to the date set for the hearing, and said notice shall set forth the alleged ground for revocation and the time and place of the hearing.
The Village Code Enforcement Office shall have the authority to suspend the permit, pending the outcome of the hearing.
It shall be a violation of this chapter for any person:
To exercise any exclusive right to any location in the public sidewalks, streets, or other areas, or to operate in any stationary location, unless expressly permitted in the permit.
To peddle or solicit in any congested area where said peddling or solicitation may impede or inconvenience the public, and the judgment of any police officer, exercised in good faith, as to whether the foregoing shall have occurred, or shall be likely to occur, shall be deemed conclusive.
To enter upon private property for the purpose of peddling or soliciting on Sunday and before 9:00 a.m. or after 7:00 p.m. of any other day.
To peddle or solicit on any property which has prominently displayed thereon any sign containing the words "No Peddlers," "No Solicitors," "No Agents," or words to that effect, the purpose of which purports to prohibit peddling or soliciting on the premises.
To keep or maintain at any point within 500 feet of any business selling substantially similar merchandise on the streets, highways, or public places in the Village of Geneseo any portable stand or vehicle for the purpose of hawking, soliciting, or peddling therefrom.
To peddle or solicit within 200 feet of any place used or occupied exclusively as a public or private school, or to permit any cart, wagon, or vehicle to stand in any public highway within said distance of such school property.
To establish a fixed location for more than 30 minutes.
To act aggressively, threaten verbally or with physical gestures, or refuse to leave a property when asked by the owner or occupant.
To use any false plan, scheme, or ruse or to make any false statement which indicates or implies that the purpose of such person's visit is other than to obtain contributions or orders for sales of goods or services.
To misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law.
To cheat, deceive, or fraudulently misrepresent, whether through himself or through an employee, while acting as a peddler or solicitor in the Village of Geneseo, or to barter, sell, or peddle any goods, merchandise, or wares other than those specified in his or her application for a permit.
To interfere with either vehicular or pedestrian traffic on the public right-of-way.
To use sound or voice amplification systems or other mechanical sound devices in any solicitation or peddling.
To refuse to show the issued permit and/or proper identification when asked.
Any police officer may require any person observed engaging in peddling or soliciting to produce his or her permit issued as required by this chapter and enforce the provisions of this chapter against any person violating same. Any violations of this chapter shall be reported by the police officer to the Village Clerk-Treasurer and the Village Code Enforcement Officer, in addition to any enforcement action which may be taken by the police officer.
[Amended 9-14-2020 by L.L. No. 3-2020]
Any person convicted of violating any provision of this chapter shall be deemed to have committed a violation and shall be punished for each violation by a fine not to exceed $250. If not already revoked by the Board of Trustees, a conviction shall result in the automatic revocation of any issued permit from the individual concerned and any company, business, or corporation he or she may represent.
The Superintendent of Public Works will ensure that each entrance to the Village of Geneseo is posted with signage indicating that peddling permits are required.