[HISTORY: Adopted by the Board of Trustees
of the Village of Clayton 1-6-1987 by L.L. No. 2-1987; amended in its entirety 6-24-2002 by L.L. No.
2-2002. Subsequent amendments noted where applicable.]
No person, firm or corporation shall hawk, peddle,
sell or dispose of any goods, wares or merchandise, food or food products
or personal property of any kind or description or engage in the business
of hawking or peddling any goods, wares or merchandise of any description
on any Village-owned property, including but not limited to docks,
boat launches and parks.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruits, 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, solicitors
or distributors as used herein.
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 "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
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,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for 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. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds from a stationary location
on any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
A.
It shall be unlawful for any peddler, solicitor, distributor
or transient merchant to sell, offer for sale or distribute merchandise,
printed material or services within the Village without first applying
for and obtaining a registration certificate therefor from the Village
Clerk.
B.
Peddlers shall apply to the Village Clerk's office
for a special use permit at least two weeks prior to the event. Written
permission of said property/merchant/owner will be required and on
file before the permit will be issued.
Every applicant for a registration certificate
under the provisions of this chapter shall file with the Village Clerk
a sworn written application, on a form to be furnished by said Clerk,
which shall give or be accompanied by the following information or
documents:
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.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, a description of such
vehicle and its license number.
G.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
merchandise is located at the time such application is filed and the
proposed method of delivery.
H.
Two business references located in the County of Jefferson,
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.
I.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Clerk, along with a copy of the applicant's driver's license,
and the Clerk shall refer the original to the Chief of Police or his
designee, who shall make or cause to be made within five days such
investigation of the applicant's business responsibility and character
as he deems necessary for the protection of the public good.
B.
If, as a result of such an investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police or his designee shall endorse on such application
his disapproval and his reasons therefor and shall return said application
to the Clerk. Any determination by the Chief of Police that an application
is unsatisfactory shall be based on one or more of the following findings
with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
or his designee shall find the application satisfactory, shall endorse
his approval on the application and shall return the application to
the Clerk.
A.
If an application is found unsatisfactory by the Chief
of Police or his designee and he has endorsed his disapproval upon
the application, the Clerk shall notify the applicant, by mail, that
the application is disapproved and shall deny the applicant any registration
certificate.
B.
If an application is found satisfactory by the Chief
of Police or his designee, the Clerk shall issue a registration certificate
addressed to the applicant to conduct the business applied for upon
the payment of the proper fee by the applicant. Such certificate shall
contain the signature of the issuing officer and shall show the name,
address and photograph of the applicant, the type of business (peddler,
solicitor, distributor or transient merchant) for which the applicant
has registered, the kind of goods or services to be sold thereunder,
the date of issue, the length of time the certificate shall be operative
and the license number and other identifying description of any vehicle
used in the activity licensed.
C.
Upon expiration of a certificate, a new certificate
will be issued upon compliance with all provisions of this chapter
and payment of fees, except that the investigation and waiting period
therefor may be waived if approved by the Clerk and Chief of Police
or his designee.
At the time of issuance of a registration certificate,
a fee, as determined by the Board of Trustees, shall be paid by the
applicant to cover the costs of investigation and the administration
and enforcement of this chapter.
Any person aggrieved by the action of the Chief of Police or his designee or of the Village Clerk in the denial of a certificate, as provided in § 92-6 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the 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 appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 92-12 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
A.
Upon obtaining a registration certificate as herein
provided, a peddler, solicitor, distributor or transient merchant
may conduct his activities within the Village only as long as he adheres
to the regulations set forth in this chapter.
B.
All certificates shall expire one calendar year from
the date of issuance.
C.
A registration certificate shall not be assignable.
Any holder of a certificate who permits it to be used by any other
person and any person who uses a certificate issued to any other person
shall be guilty of an offense against this chapter.
D.
No applicant to whom a certificate has been refused
or who has had a certificate revoked shall make further application
until a period of at least 12 months shall have elapsed since the
last previous rejection or revocation unless he can show that the
reason for such rejection or revocation no longer exists.
E.
Every peddler, solicitor, distributor or transient
merchant shall, while conducting his activities, exhibit the certificate
in a prominent place on his person or on any stand, cart or other
entity used to sell or display his wares for sale.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been
invited into a house by the occupant or having made an appointment
with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Clerk and displaying
his certificate.
C.
Have exclusive right to any location in the public
streets or operate in any congested area where his operations might
impede or inconvenience the public.
D.
Leave at a property or house or in any public place
circulars, samples or other matter, except a newspaper, which shall
be defined as a periodical with a paid circulation of at least 90%
of its total circulation, except when handed to a person willing to
accept the same.
E.
Enter or attempt to enter the land of any resident
in the Village without an express invitation from the occupant of
such land.
F.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or -amplifying device upon any of the streets, parks
or public places of the Village or upon private premises in such a
manner that sound of sufficient volume is emitted or produced to be
capable of being plainly heard upon the streets, avenues, parks or
other public places of the Village or upon private premises thereof,
for the purpose of attracting attention to any merchandise or services.
H.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
I.
Litter the streets, public places or properties within
the Village with any merchandise or printed material.
J.
If there is not the minimum five-foot sidewalk requirement,
the area between the sidewalk and curb may be used, provided that
this area is eight feet or greater. The sidewalk must be unobstructed
for pedestrian traffic at all times.
K.
Every peddler, solicitor, distributor or transient
merchant shall take with him anything that he brought in, including
removal of trash, when the event is over or daily, whichever comes
first.
A.
Certificates issued under the provisions of this chapter
may be revoked by the Board of Trustees, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation or a material incorrect statement
contained in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement
made in the course of carrying on the business of solicitor, peddler,
distributor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
A notice of a hearing for the revocation of a certificate
shall be given by the Village Clerk, in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the holder of the certificate
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by an agent of
the Village in the same manner as a summons at least three days prior
to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Clerk.
A.
No part of this chapter shall be enforced so as to
conflict with Article 4, § 12, of the General Easiness Law
of the State of New York, providing for exemptions for veterans.
B.
The requirements of this chapter shall not apply to
the following, provided that an official uniform, clothing or other
suitable identification approved by the Board of Trustees is displayed:
(1)
Any recognized local nonprofit religious, charitable,
educational, civic or political organization.
(2)
Any such organizations as the Boy Scouts, Girl Scouts
or local volunteer firemen.
(3)
The Chamber of Commerce may conduct a farmer's market,
providing the market is for the sale of homegrown produce, home-prepared
food products and homemade crafts.
[Amended 2-9-2004 by L.L. No. 1-2004]
C.
Nothing in this chapter shall be held to apply to:
(1)
Sales conducted pursuant to statute or by order of
any court.
(2)
Persons selling personal property at wholesale to
dealers in such articles.
(3)
Merchants having an established place of business
within the Village or their employees.
(4)
The peddling of meats, fish, fruits and similar produce
by farmers and persons who produce such commodities.
(5)
Dealers in milk, baked goods, heating oil and daily
newspapers.
(6)
Licensed real estate brokers.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by 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 violation hereunder.
