[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 7-6-1937 (Ch. 67 of the 1978 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where a person transacts business and deals in the goods, wares and merchandise said person hawks, peddles or solicits for during regular business hours.
HAWKERS and PEDDLERS
Except as hereinafter expressly provided, any person, either principal or agent, who, in any public street or public place or by going from house to house or place of business to place of business, 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, newspapers and periodicals.
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 who stands in any street or public place, taking or offering to take orders for goods, wares or merchandise, except newspapers, periodicals 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.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Village or their employees for soliciting orders from customers and deliveries to the same; to farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens; to any honorably discharged soldier, sailor or marine who has procured a license as provided by the General Business Law of the State of New York; nor to berry pickers who sell berries of their own picking. This chapter shall also not apply so as unlawfully to interfere with interstate commerce and the sale of merchandise for charitable and educational purposes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person, within the corporate limits of the Village of Kinderhook, to act as hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor. Any person acting as a hawker, peddler or solicitor that has been invited by any Board, Committee or Commission of the Village of Kinderhook to participate in a Village-sponsored event is exempt from the peddler's license requirement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form prepared and furnished by the Village. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired; the kind of goods, wares and merchandise the applicant desires to sell or the kind of service the applicant desires to perform; the method of distribution; the name, address and age of the applicant; the name and address of the person, firm or corporation the applicant represents; the length of time the applicant desires the license; and such other information as may be required by the Clerk of the Village. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon the filing of the application, the Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 89-3. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable. Such license shall automatically expire on March 31 following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. Every licensee, while exercising the license, shall carry the license on their person and shall exhibit the same upon demand.
[Amended 9-10-2003 by L.L. No. 2-2003]
License fees for hawkers, peddlers and solicitors shall be as follows:
A. 
All annual fees shall be as set from time to time by resolution of the Village Board of Trustees.
B. 
All annual licenses shall include licensee and one helper. A separate fee may be charged for each additional helper, as set from time to time by resolution of the Village Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All other fees shall be per day as set from time to time by resolution of the Village Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Village may, at any time, for a violation of this chapter or any other state or local law, revoke any license. When a license shall have been revoked, no refund of any unearned portion of the license fee shall be made.
A licensee shall:
A. 
Not falsely or fraudulently misrepresent the quantities, character or quality of any article offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
Keep the vehicles and receptacles used by the licensee in a clean and sanitary condition and the foodstuffs and edibles 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, or shout or cry out, the licensee's wares.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Not stand or permit the vehicle used by the licensee to stand in one place in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner thereof or lessee of the ground floor thereof objects.
E. 
Not create or maintain any booth or stand, or place any barrels, boxes, crates or other obstructions upon any street, sidewalk 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 the deposit of money is paid to the solicitor.
[Amended 11-6-1978 by L.L. No. 1-1978]
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.