[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 6-15-1972 as Ch. 17 of the 1972 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in or where the person transacts business and deals in the goods, wares and merchandise he/she hawks, peddles or solicits for during regular business hours.
- HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who from 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 vehicle, sells or barters, offers for sale or barters, or carries or exposes for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except milk, newspapers and food distributed on regular customer routes.
- Includes any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers 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. The term "solicitor" shall, however, also mean and include any person taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers 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 at the home or residence of any person who has been solicited prior thereto by telephone, or has responded to any type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.
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 delivering the same.
To persons under the age of 18 years.
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 member of the armed forces or any other person who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York.
Nonprofit organizations and persons working for such organizations shall also be exempt. However, such organizations shall register annually with the Village Clerk in the event they plan to engage in vending, hawking, peddling or soliciting, and shall indicate the type of activities to be undertaken and the time when they will be performed.
It shall be unlawful for any person within the corporate limits of the Village to act as a hawker, peddler or solicitor as herein defined or assist same without first having obtained and paid for, and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a form furnished by the Village Clerk and shall file at the same time satisfactory proof of good character. Such application shall give:
The number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired.
The kind of goods, wares and merchandise he/she desires to sell or the kind of service he/she 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 he/she represents.
The length of time the applicant desires the license.
Such other information as may be required by the Board of Trustees.
If applicable, 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.
An application for a license as a solicitor, who demands, accepts or receives payment of deposit of money in advance of final delivery, shall also be accompanied by a cash deposit of $5,000 or a $5,000 surety company bond or other bond secured by sufficient collateral, said bond to be approved by the Village Attorney as to form and surety, conditioned for making a final delivery of the goods, wares, or merchandise ordered or services to be performed in accordance with the terms of such order or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the Village for a period of 90 days after the expiration of any such license, unless sooner released by the Board of Trustees.
Upon the filing of the application, bond and certificate as provided in the preceding sections, the Mayor shall, upon his approval of such application, issue to the applicant a license as provided in § 125-3, signed by the Village Clerk. 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; any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application and bond may be issued by the Village Clerk upon the filing with him/her by the licensee of an affidavit setting forth the circumstances of the loss, and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in that order in which they are issued and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.
[Amended 1-9-1997 by L.L. No. 2-1997; 2-6-1997 by L.L. No. 3-1997]
Any license issued pursuant to Chapter 125 of this Code shall automatically expire one year from the date of issuance of such license.
In any event, any license so issued shall specifically exclude August 5 to August 20 of the year issued and shall have no force and effect for said period.
The Village may require any licensee to conspicuously display a sticker or other visible written evidence that a license has been issued to said licensee.
No license shall be granted to a person under 18 years of age. No applicant to whom a license has been refused or who has a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he/she can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him/her and shall exhibit the same upon demand.
For the purpose of this chapter, a person who assists a hawker, peddler or solicitor shall be deemed to be any person who participates in delivering merchandise or any other items sold, performs any services in or about the customer's premises or otherwise generally renders aid or assistance, except participation in selling or soliciting orders.
The Mayor may, at any time, for a violation of this chapter or any other provision of this Code or any law, suspend any license issued hereunder. When a license shall be so suspended, no refund of any unearned portion of the license shall be made. Notice of such suspension and the reason therefor, in writing, shall be served by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application. Any person who receives such notice of suspension may request an appearance before the Board of Trustees at its next regularly scheduled meeting and may at that time present such facts as he/she deems applicable concerning the suspension. Thereafter, the Board of Trustees may reinstate the license or suspend same for such period of time as it deems appropriate or to revoke same. If no application is made upon the suspension by the Mayor, the license shall be deemed to be revoked.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting on Sundays or before the hour of 9:00 a.m. of any other day or after the hour of 7:00 p.m. of any other day except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents," or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No peddler or solicitor shall peddle, vend, or sell his goods or wares within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall he/she permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
No peddler or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or garage of any person or corporation in the Village.
No peddler or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry out his wares.
It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
No peddler or solicitor shall represent or state or otherwise indicate that he/she is not intending to sell or otherwise enter into a contract with any person in the household.
No peddler or solicitor shall, in order to effectuate or assist in any sale or solicitation, represent that he/she is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
Any contract or sale made in violation of Subsections D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
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 made 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 is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter giving the number and date of each license, the fee paid and the date of suspension and/or revocation of all licenses suspended or revoked.
The violation of any provision of this chapter shall be an offense, and any person violating any provision of this chapter shall be punished by a fine not exceeding $250. Each day any such violation shall continue shall constitute a separate violation.
In addition to the foregoing, the court may also suspend or revoke any license of any person convicted of any provisions of this chapter.