[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."
- Any association of individuals, partnerships, firms, corporations, societies or any other organization.
- 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.
- Any person or company who peddles, as herein defined. The words "peddler," "hawker" and "huckster" are considered synonymous terms.
- Only a natural person or an individual, whether a resident of the Village of Montour Falls or not.
- 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.
- 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.
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:
The name, date of birth and description of the applicant.
Address (legal and local).
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.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
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.
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.
New York State tax identification number.
At the time of filing the application, a fee of an amount as set forth from time to time by resolution of the Board of Trustees shall be paid to the Village Clerk to cover the cost of investigation.
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.
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.
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.
Computation of fees.
For each person proposing to peddle and solicit in any manner, the fee shall be as set forth from time to time by resolution of the Board of Trustees.
No fee shall be required of one selling products of the farm or orchard actually produced by the seller.
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.
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.
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.
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.
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.
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.
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.
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:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as peddler.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
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.
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.