[HISTORY: Adopted by the Board of Trustees of the Village of Montour
Falls 9-21-1992 as L.L. No. 5-1992. Amendments
noted where applicable.]
For the purpose of this chapter, certain words are defined as follows:
- CANVASS AND CANVASSER
- Shall be considered as synonymous with the terms "solicit" and "solicitor."
- COMPANY
- Any association of individuals, partnerships, firms, corporations, societies or any other organization.
- PEDDLE
- To go from house to house, from store to store, from place to place or from street to street to sell and make immediate delivery or offer for sale and delivery any goods, wares, merchandise or provisions in possession of the seller at any place within the Village of Montour Falls other than from a fixed place of business.
- PEDDLER
- Any person or company who peddles, as herein defined. The words "peddler," "hawker" and "huckster" are considered synonymous terms.
- PERSON
- Only a natural person or an individual, whether a resident of the Village of Montour Falls or not.
- SOLICIT
- To go from house to house, from store to store, from place to place or from street to street to sell or take orders for goods, wares, merchandise or provisions for future delivery or for services to be performed at any place of business or to distribute advertising circulars.
- SOLICITOR
- Any person or company who solicits, as herein defined.
It shall be unlawful for any person or company to peddle or solicit
within the Village of Montour Falls without having first obtained a valid
license therefor as provided herein.
A.
Applicants for permit and license under this chapter
must file with the Village Clerk a sworn application in writing (in duplicate)
on a form to be furnished by the Village Clerk, which shall give the following
information:
(1)
The name, date of birth and description of the applicant.
(2)
Address (legal and local).
(3)
A brief description of the nature of the business and
the goods to be sold and, in the case of products of farm or orchard, whether
produced or grown by the applicant.
(4)
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
If a vehicle is to be used, a description of the same,
together with license number or other means of identification.
(7)
A photograph of the applicant, taken within 60 days immediately
prior to the date of the filing of the application, which pictures shall be
two by two (2 x 2) inches showing the head and shoulders of the applicant
in a clear and distinguishing manner.
(8)
A statement as to whether or not 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 therefore.
(9)
New York State tax identification number.
A.
Upon receipt of such application, the original shall
be referred to the Schuyler County Sheriff, who shall cause such investigation
of the applicant's business and moral character to be made as he/she
deems necessary for protection of the public good.
B.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory, the Schuyler
County Sheriff shall endorse on such application his/her disapproval and his/her
reasons for the same and return said application to the Village Clerk, who
shall notify the applicant that his/her application is disapproved and that
no permit and license will be issued.
C.
If as a result of such investigation the character and
business responsibility of the applicant are found to be satisfactory, the
Schuyler County Sheriff shall endorse on the application his/her approval,
execute a permit addressed to the applicant for the carrying on of the business
applied for and return such permit, along with the application, to the Village
Clerk, who shall, upon payment of the prescribed license fee, deliver to the
applicant his/her permit and issue a license. Such license shall contain the
signature and seal of the issuing officer and shall show the name, address
and photograph of said licensee, the class of license issued and the kind
of goods to be sold thereunder, the amount of fee paid, the date of issuance
and the length of time the same shall be operative, as well as the license
number and other identifying description of any vehicle used in such peddling.
The Clerk shall keep a permanent record of all licenses issued.
A.
B.
Basis of fees. For the purpose of this chapter, any period
of seven calendar days or less shall be considered one week. The yearly or
annual fee herein provided for shall be assessed on a calendar-year basis.
Every peddler or solicitor licensed under this chapter shall have his/her
license in his/her immediate possession at all times when peddling or soliciting
and shall display the same upon demand of any person.
No peddler or solicitor shall have any exclusive right to any location
in the public street, nor shall any be permitted a stationary location, nor
shall be/she be permitted to operate in any congested area where his/her operation
might impede or inconvenience the public. For the purpose of this chapter,
the judgment of any Schuyler County Sheriff's Deputy, exercised in good
faith, shall be deemed conclusive as to whether the area is congested or the
public impeded or inconvenienced.[1]
A.
It shall be unlawful for any peddler or solicitor in
plying his/her 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 peddler," "No solicitors,"
"No agents," or other wording, the purpose of which purports to prohibit peddling
or soliciting on the premises.
B.
No peddler or solicitor shall peddle, vend or sell his/her
goods or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall permit his/her cart, wagon
or vehicle to stand on any public highway within said distance of such school
property.
It shall be the duty of any officer of the Schuyler County Sheriff's
Department to require of any person peddling, and who is not known by such
office to be duly licensed, to produce his/her peddler's license and
to enforce the provisions of this chapter against any person found to be violating
the same.
A.
This chapter shall not apply to persons who deal exclusively
in milk, milk products, newspapers or farm products produced by such person
or his/her employer.
B.
This chapter shall not apply to persons who call at business
places exclusively or at those places only where such person has been previously
requested to call by telephone or letter.
C.
This chapter shall not apply to religious, charitable
or veteran organizations which have an active organization within Schuyler
County. Should any questions arise as to whether the persons represent a religious,
charitable or veteran organization within Schuyler County, that question will
be resolved by securing written authorization from the religious, charitable
or veteran organization which is established within the County and under whose
auspices the person seeking a license exemption purports to be acting.
D.
This chapter shall not apply to certain veterans and
the widows of such veterans who shall have complied with § 32 of
the General Business Law of the State of New York.
A.
Permits and licenses issued under the provisions of this
chapter may be revoked by the Board of Trustees of the Village of Montour
Falls, after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his/her business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
B.
Notice of hearing for revocation of a license shall be
given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his/her last known address at least five days prior to
the date set for hearing.
Any person aggrieved by the action of the Village Board or the Village Clerk in the denial of any application for a license as provided in § 103-4 of this chapter shall have the right to appeal to the Village Board of the Village of Montour Falls. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the ground for the appeal. The Village Board shall set the time and place of a hearing on such appeal, and notice of such hearing shall be mailed to the applicant for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
The Schuyler County Sheriff shall report to the Village Clerk all convictions
for violation of this chapter, and the Village Clerk shall maintain a record
for each license issued and record the reports of violation therein.
All annual licenses issued under the provisions of this chapter shall
expire on the 31st day of December in the year issued. Other than annual licenses
shall expire on the date specified in the license.