[HISTORY: Adopted by the Board of Trustees of the Village of Altamont 9-7-1993 by L.L. No. 3-1993 (Art. IV, § 1); amended in its entirety 2-1-2011 by L.L. No. 1-2011. Subsequent amendments noted where applicable.]
It is the intent of the Village Board of Village of Altamont to regulate the activities of peddlers in order to preserve the peace, safety and general welfare of the Village and its inhabitants.
For the purpose of this chapter, the following terms shall have the meaning indicated:
PEDDLER
An individual, firm, corporation, club, society, partnership, unincorporated association, and any principal or agent thereof who, in or upon any street or highway, or going from place to place, or from street to street, by foot, wagon, automotive vehicle or any other type of conveyance, or who, from a wagon, automotive vehicle, railroad car or other vehicle or conveyance with or without going from place to place or street to street, sells or barters, offers for sale or barter, carries or exposes for sale or barter or takes or offers to take orders for goods, wares, merchandise, provisions, or services of any kind. The term "peddler" shall include the words "hawker" and "solicitor."
The provisions of this chapter shall not apply to:
A. 
Any sales conducted pursuant to statute or by order of any court;
B. 
Sales to merchants having an established place of business within the town;
C. 
The peddling of meats, fish, fowl, fruit, vegetables and garden produce by a gardener or farmer or his employees where the products sold or offered for sale are the produce of the vendor's farm, garden or orchard;
D. 
The peddling in milk, baked goods, heating fuel and daily newspapers;
E. 
Sales by any person soliciting at the express invitation of the person solicited or soliciting to establish customers;
F. 
Sales by any school group, veterans, fraternal or charitable organizations, volunteer firemen's association, religious, civic or service group or other nonprofit organization or association that maintains a chapter or place for the regular conduct of business or meeting within the County of Albany;
G. 
Any veteran who has procured a license from the State of New York pursuant to § 32 of the General Business Law;
H. 
Vendors of Village-operated Farmer's Markets;
[Amended 12-4-2012 by L.L. No. 3-2012]
I. 
Vendors at the annual Altamont Fair; and
[Amended 12-4-2012 by L.L. No. 3-2012]
J. 
Vendors at any lawful event sponsored by an Altamont-based nonprofit organization.
[Added 12-4-2012 by L.L. No. 3-2012]
It shall be unlawful for any person to act within the Village of Altamont as a peddler without having a valid license therefor, obtained as prescribed in this chapter.
A. 
Every applicant for a license under this chapter shall file with the Village Clerk a sworn application, in writing (in duplicate), on a form to be furnished by the Village Clerk setting forth the following:
(1) 
The name and address of the applicant, both legal and local, if different.
(2) 
Applicant's date of birth.
(3) 
Citizenship of the applicant.
(4) 
A brief description of the nature of the applicant's business and the goods or services to be sold.
(5) 
Expected inclusive dates of peddling activity.
(6) 
The name of the streets or areas of the Village of Altamont where peddling will be conducted.
(7) 
Three photographs of the applicant, two inches by two inches in dimension, taken within 30 days of the date of the application. Such photographs shall show the head, full face and shoulders of the applicant. One copy of the photograph shall be attached to the application, one to the license (when granted), and the third shall be delivered to the Village of Altamont Police Department, with a copy of the license.
(8) 
A list of all other municipalities in which the applicant has peddled within the last three years, together with inclusive dates of such activities, and a list of previous peddlers' license permit numbers (if any), noting which are still in effect.
(9) 
A list of the applicant's previous employment, exclusive of peddling, during the last three years.
(10) 
The name and address of the firm or organization represented, if any.
(11) 
A letter of authorization from the firm or organization the applicant purports to represent, if applicable.
(12) 
Copies of all order and receipt forms used by the applicant in soliciting sales or orders.
(13) 
If a vehicle is to be used, a description of the same together with the license plate number or other means of identification.
(14) 
A statement as to whether or not the applicant has ever been convicted of any felony, misdemeanor or violation of any federal, state or municipal ordinance or law, and if so, the nature of the offense and the punishment or penalty assessed therefor.
(15) 
The names and addresses of at least two property owners of the County of Albany, Schenectady, Rensselaer or Saratoga in the State of New York, who will certify as to the applicant's good character and reputation for business responsibility or, in lieu thereof, any other available evidence as to the good character and business responsibility of the applicant.
B. 
An applicant intending to use an employee peddling or soliciting in the Village of Altamont shall, with respect to each such employee, set forth the information prescribed in Subsection A(1) through (7) of this section.
C. 
No license shall be issued authorizing peddling by any person under the age of 18 years.
D. 
Each application for a license shall be accompanied by a fee as set by resolution of the Village Board from time to time payable to the Village Clerk to cover the cost of investigating and administering the application. An additional fee as set by resolution of the Village Board from time to time shall accompany the application for each employee of the applicant. Such fees shall be nonrefundable except that the Village Board may, in its discretion, waive or refund any such fees payable or paid by any nonprofit charitable, civic or service organization.
A. 
The Village Clerk shall confirm that the information required by § 284-5A(1) through (15), above has been provided and shall then refer the application to the Village Police Department.
B. 
In order to protect the health, safety and general welfare of the citizens of Altamont, the Village Police Department shall perform a preliminary background check on the applicant and any proposed employee(s) (criminal history, RMS check, order of protection check, sex offender registry), and report its findings to the Village Clerk.
C. 
Results of preliminary background check.
(1) 
If the results of the preliminary background check are negative, the Village Clerk shall issue to the applicant a license signed by the Village Clerk, with a copy of the facial photograph as submitted attached.
(2) 
If the results of the preliminary background check are positive, the license application shall be denied, and the applicant informed in writing, and provided with a copy of the findings of the Village Police Department.
D. 
This license shall not be assignable, and unauthorized use thereof, either by the holder of such license or by any other person, shall be deemed a violation of this chapter.
The license shall, upon request, be produced and exhibited to any Village police officer or prospective customer of the licensee. No license shall be valid for a period of more than 120 days from the issuance date and in no event shall it be valid after the last day of the year in which it was issued.
Within the Village of Altamont, no peddler shall:
A. 
Willfully misstate any fact relating to merchandise or services offered for sale;
B. 
Willfully offer for sale any article of an unwholesome or defective nature;
C. 
Call attention to himself or his vending activity by a public address system or by creating a public disturbance or loud and unusual noise;
D. 
Willfully and for the purpose of vending enter upon premises clearly displaying a sign prohibiting solicitation;
E. 
Fail to promptly leave premises upon request of any occupant of such premises;
F. 
Fail to furnish to a vendee upon request a legible receipt signed and dated by the license containing a description of the merchandise or services ordered or sold, the price thereof and the payment received;
G. 
Conduct activities authorized by this chapter in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or
H. 
Conduct activities authorized by this chapter except during daylight hours, and in no event earlier than 9:00 a.m. or later than 5:00 p.m., Monday through Saturday.
A. 
Licenses issued pursuant to this chapter may be summarily suspended where credible information is received by any police officer of the Village or any Village official of:
(1) 
Fraud, misrepresentation, or false statement contained in the license application; or
(2) 
Any violation of the rules and regulations of this chapter.
B. 
The Village Clerk shall promptly notify the license holder in writing of the suspension of the license, the reasons therefor, and of the availability of a public hearing to contest the suspension. Such notice shall be hand-delivered to the licensee or sent by certified mail, return receipt requested, to the licensee at the address given on the application.
C. 
Any license holder whose license has been suspended may appeal by filing a written request for a public hearing before the Village Zoning Board of Appeals. Such appeal must be filed with the Village Clerk within five days after the licensee's receipt of the notice. The Village Zoning Board of Appeals shall hear the appeal not later than 30 days after receipt of the request for a hearing, and shall provide written notice to the license holder of the date, time and place of the hearing at least 15 days prior thereto. At the hearing, the Zoning Board of Appeals shall receive and consider the information upon which the suspension was based, whether written or oral. In the conduct of the hearing, the Zoning Board of Appeals and its chairman shall have the powers granted by NY Village Law Article 7 and Chapter 355 of the Village Code. The licensee shall have the opportunity to contest this information and present written or oral testimony in its defense and shall have the right to be represented by counsel. A recording of the hearing shall be made. If the licensee wishes to have a stenographic record, the cost of such recording shall be paid by the licensee. Following the close of the hearing, the Zoning Board of Appeals shall consider the information and testimony presented and shall either confirm the suspension of the license or reinstate the license. The Zoning Board of Appeals' decision shall be in writing, shall contain findings of fact, and shall be based upon substantial evidence in the record. A copy of the decision shall be sent to the licensee and/or its legal representative, with a copy filed in the office of the Village Clerk. If the Zoning Board of Appeals fails to make a determination within 20 days after the close of the hearing, the license shall be deemed reinstated.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter and they shall remain in effect, it being the legislative intent that this chapter stand, not withstanding the invalidity of any part.