[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 5-4-1992 by L.L. No. 2-1992.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 23,
Hawking and Peddling, adopted 12-15-1975 by L.L. No. 5-1975.
The purpose of this chapter is to require the licensing of hawkers,
peddlers and solicitors operating within the Village in order to protect
the residents of the Village from the fraudulent and criminal practices
of unscrupulous persons posing as hawkers, peddlers or solicitors
engaged in lawful business.
As used in this chapter, the following words, terms and phrases
shall have the meanings herein ascribed to them:
One who goes from place to place or from house to house or
from street to street or who stands in a street or upon a sidewalk
selling, bartering or offering for sale or barter any items whatsoever,
including but not limited to the following: goods, wares, merchandise,
magazines, food products and farm products.
One who goes from place to place or from house to house or
from street to street or who stands in a street or upon a sidewalk
taking orders for any items whatsoever, including but not limited
to the following: goods, wares, merchandise, magazines, food products
and farm produce, which items are to be delivered in the future, or
for services to be performed in the future, or for making, manufacturing
or repairing any article or thing to be delivered in the future.
No person shall act as a hawker, peddler or solicitor as herein defined within the Village limits without first having obtained a license from the Village Mayor or his or her designated representative. Any exempt organization under § 23-5 still must obtain a yearly license.
A.
No license shall be issued by the Mayor or his or her designated
representative unless the following information is furnished by the
applicant for the license:
(1)
The name of the applicant, his permanent address and temporary address.
(2)
The applicant's phone number and social security number.
(3)
The applicant's age and a brief physical description, including
height, weight and color of eyes and hair.
(4)
The applicant's driver's license number and car license
number.
(5)
The company represented and the address of the company.
(6)
A description of the items hawked, peddled or for which orders are
being solicited.
B.
The applicant shall also furnish the names of two persons as character
references and also a passport-size photograph taken within two months
preceding the application.
A.
The fees for licenses issued pursuant to this chapter shall be as
set forth from time to time by resolution of the Board of Trustees.
B.
Exemption to fee requirements.
(1)
No charge shall be made for the licensing of a veteran, provided
that such veteran or his widow shall be residents of Monroe County
and shall have in effect and shall exhibit to the Mayor or his or
her designated representative a Monroe County license issued pursuant
to § 32 of the General Business Law of the state.
(2)
No person shall be required to pay a license fee under this chapter
who has a valid license issued by the New York State Department of
Social Welfare or soliciting or collecting for any bona fide charitable
organization or on behalf of any class of any Brockport school.
(3)
Business premises. No person who calls at business places exclusively
or at only those places where he has been requested by telephone or
by letter to call shall be required to pay a license fee under this
chapter.
(4)
No person who deals exclusively in milk, milk products, newspapers
or farm products produced by him or his employer shall be required
to pay a license fee under this chapter.
C.
Private residential premises. No one shall enter onto private residential
premises for the purpose of selling or offering to sell any goods,
wares, merchandise or other things or services, nor solicit information
for the purpose of selling or making offers to sell in the future
such aforesaid goods, wares, merchandise or other things or services,
to persons residing therein without the prior consent of the owner
or person in possession of said private residential premises.
The Mayor or his or her designated representative shall revoke
the license of any person who has made a false statement on his license
application or who has been convicted of a crime while having in effect
a license issued under this chapter. Notice of revocation shall be
sent immediately to such person at the permanent address listed on
the license application.
The Mayor or his or her designated representative shall file
and retain each application for a hawker's, peddler's or
solicitor's license for a period of 10 days following the date
of the application. He or she shall also keep a record of all licenses
issued under this chapter and shall note thereon all revocations of
licenses.
A.
Criminal penalty. Any person who violates any provision of this chapter
shall, upon conviction thereof, be subject to a fine not to exceed
$250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty, or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter. Any violation shall automatically result in the revocation of the permit.
(2)
Neither a judgment in nor the pendency of a criminal prosecution
for an alleged violation of the provisions of this chapter nor a judgment
in or the pendency of a civil action of law or in equity shall be
a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter shall
not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate
a violation shall be cumulative.
