The licensing and regulation of persons engaged in peddling, vending,
hawking and soliciting is required so that the identity of persons going from
door to door is known and established, to avoid traffic congestion in and
about certain areas of the village and for the protection and maintenance
of the health, safety and welfare of the inhabitants of the village.
As used in this chapter, the following words shall have the meanings
indicated:
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services and orders
or contracts for services, home improvements or alterations and anything that
may be sold or distributed by peddlers, hawkers, solicitors or vendors as
used herein.
PEDDLER
Any person, whether a resident of the village or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, carrying or transporting
merchandise for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words "hawker" and "vendor."
PERSON
Any individual, firm, partnership, corporation, organization, activity,
society, club or association or any principal or agent thereof.
SOLICITOR
A.
Any person, whether a resident of the village or not, who goes from
door to door, from place to place or from street to street, traveling by foot,
automotive vehicle or any other type of conveyance, soliciting, taking or
attempting to take orders for the sale of merchandise or services of any kind
of future performance or delivery, whether or not such individual has, carries
or exposes for sale a sample of the merchandise or services and whether or
not he is collecting advance payments on such sales or orders, or who engages
in any of the foregoing activities from a stationary location on any street
or other public place.
B.
Any person who goes from door to door, as described above, for the purpose
of soliciting and/or collecting funds or from a stationary location on any
street or other public place.
C.
Includes the word "canvasser."
It shall be unlawful for any peddler or solicitor to sell, offer for
sale or distribute merchandise or services within the Village of Nassau without
first applying for and obtaining a license from the Clerk of the Village of
Nassau. The cost of such license shall be determined by resolution adopted
by the Board of Trustees.
Upon receipt of the application and upon compliance with all of the
requirements of this chapter, the Village Clerk shall issue a license to the
applicant. This license shall be nontransferable. It shall be in the continuous
possession of the licensee while engaged in the business licensed.
Any person aggrieved by the action of the Village Clerk in the denial
of an application for a license shall have the right to appeal to the Village
Board of Trustees. Such appeal shall be taken by filing, within fourteen (14)
days after notice of the action complained of has been mailed to such person's
last known address, a written statement setting forth fully the grounds for
the appeal. The Village Board of Trustees shall set a time and place for a
hearing on such appeal, and notice of such hearing shall be mailed to the
applicant at his last known address at least five (5) days prior to the date
set for the hearing. The applicant shall be granted an opportunity to be heard.
The determination of the Village Board of Trustees shall be issued in writing
within twenty (20) days of the date of the hearing.
Any person who shall act as a peddler, vendor or solicitor, as herein
defined, without a license or who shall violate any of the provisions of this
chapter or who shall continue to act as a peddler, vendor, hawker or solicitor
subsequent to the revocation of his license shall be guilty of an offense
and punishable by a fine of not more than two hundred fifty dollars ($250.)
or imprisonment for not more than fifteen (15) days, or both. Each day on
which such violation continues shall constitute a separate offense.