This chapter is enacted for the purpose of regulating the distribution
of certain materials, peddling, soliciting and related activities within the
Village of Caledonia. The registration of persons engaged in the above-mentioned
activities is required so that the identity of persons going door to door
or distributing materials within the village may be established, so that general
regulations may be more effectively enforced, for the protection and maintenance
of the health, safety and welfare of the inhabitants of the village and to
prevent dishonest business practices and dishonest solicitation of funds in
the village.
As used in this chapter, the following words shall have the meanings
indicated:
DISTRIBUTOR
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.
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 improvement or alterations and anything that
may be sold or distributed by peddlers, solicitors or distributors 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 "huckster."
PERSON
Any individual, firm, partnership, corporation, organization, club,
association or any principal or agent thereof.
SOLICITOR
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.
TRANSIENT MERCHANT
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.
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.
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 Livingston,
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.
Any person aggrieved by the action of the Chief of Police or of the Village Clerk in the denial of a certificate, as provided in §
150-6 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 §
150-12 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise, except between
the hours of 8:00 a.m. and 4:00 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 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 therefrom, 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.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation, punishable by a
fine of at least $10 but 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.