[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:
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.
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.
A.
Nothing in this chapter shall be held to apply to
any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
To any person selling personal property at wholesale
to dealers in such articles.
(3)
To merchants having an established place of business
within the Village or their employees for soliciting orders from customers
and delivering the same.
(4)
To persons under the age of 18 years.
(5)
To farmers and truck gardeners, who themselves or
through their employees vend, sell or dispose of products of their
own farms and gardens.
(6)
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.
B.
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.
A.
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:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he/she desires
to sell or the kind of service he/she desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
The name and address of the person, firm or corporation
he/she represents.
(6)
The length of time the applicant desires the license.
(7)
Such other information as may be required by the Board
of Trustees.
B.
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]
A.
Any license issued pursuant to Chapter 125 of this Code shall automatically expire one year from the date of issuance of such license.
B.
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.
C.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.[1]
B.
In addition to the foregoing, the court may also suspend
or revoke any license of any person convicted of any provisions of
this chapter.
