[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:
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.
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.
B.
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.[1]
[Amended 8-21-1995 as L.L. No. 4-1995]
[1]
Editor's Note: The fee schedule is on file
in the office of the Village Clerk.
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.
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]
[1]
Editor's Note: Former Subsection 9(a), dealing
with hours of operation, which immediately followed this section,
was deleted 8-21-1995 as L.L. No. 4-1995.
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.
[Amended 8-21-1995 as L.L. No. 4-1995]
Any violation of any provision of this chapter
shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both.
