[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 8-12-1928 (Ch. 25 of the 1993 Code); amended in its entirety 7-18-2023 by L.L. No. 2-2023. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A building, store, or depository in which or where a person
transacts business and deals in the goods, wares and merchandise he
peddles, hawks, vends or solicits in the ordinary and regular course
of business.
Include, 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 barter, or carries or exposes for sale or barter any goods, or
takes orders for any wares, commodities, merchandise, books, magazines,
periodicals, subscriptions, 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.
The Village Board of the Village of Phoenix.
The Village Clerk of the Village of Phoenix
It shall be unlawful for any person within the corporate limits
of the Village of Phoenix to act as a hawker, peddler or solicitor,
or similar vendor of goods, wares or merchandise, or assist such a
person so acting, without first having obtained and paid for, and
having in force and effect, a license or a certificate of compliance
for exempted activities hereunder as provided hereafter.
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of any court.
(2)
Any person selling personal property at wholesale to dealers in such
articles.
(3)
Merchants having an established place of business within the Village
or their employees for soliciting orders from customers and delivering
the same.
(4)
Persons under the age of 18 years.
(5)
Any person producing meats, fish, fruits or farm produce and employees
thereof.
(6)
Any person acting as a dealer in milk, bakery products, heating-fuel
oil and local newspapers.
(7)
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.
(8)
Any registered student who is soliciting in connection with a school-approved
activity.
(9)
Any person soliciting or collecting for any bona fide registered
charitable organization registered or exempted pursuant to Executive
Law §§ 172 and 172-a.
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 that 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.
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(s) used by the applicant in carrying
on the business for which the license is desired.
(2)
The kind of goods, wares, and merchandise he or she desires to sell,
or the kind of service he or she desires to perform.
(3)
The method of distribution.
(4)
The name, address, date of birth and social security numbers of the
applicant and any agents or employees.
(5)
Whether or not the applicant, or any agents or employees of the applicant,
have been convicted of a misdemeanor or felony and, if so, give the
date of conviction, nature of offense, penalty imposed and name and
address of the court.
(6)
The name and address of the person, firm, or corporation he represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the Village Board.
(9)
Such other information as the Village Clerk or Village police may
require.
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 $10,000 or a $10,000
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 the 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 Village Board.
A.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 140-2. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which in the judgment of the Village Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The Village Clerk may also refuse a license to any person who in his or her judgment shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.
B.
Any applicant who has been refused a license by the Village Clerk
may apply to the Village Board therefor, and the same may be granted
or refused by the Village Board except as prohibited by law.
Any holder of any license who permits it to be used by any other
person and any person who uses such license granted to any other person
may each be guilty of a misdemeanor and the license shall be immediately
revoked.
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 or 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, the fee paid and the name and address
of the licensee.
Every licensee, while exercising his license, shall carry the
license with him and shall exhibit the same upon demand.
A.
The license fee for each person licensed as a hawker, peddler or
solicitor for a period of 60 days or less shall be $2,500.
B.
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.
A license issued pursuant to this chapter may be revoked by the Village Clerk if the peddler or solicitor engages in any prohibited acts defined in § 140-14.
A.
Prohibitions.
(1)
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or so soliciting before the hours of 9:00
a.m. of any day or after the hour of 5:00 p.m. of any day, and anytime
on Sunday, except upon the invitation of the householder or occupant.
(2)
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.
(3)
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 be permit his cart, wagon
or vehicle to stand on any public highway within said distance of
such school property.
(4)
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.
(5)
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.
(6)
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.
(7)
No peddler or solicitor shall represent or state or otherwise indicate
that he is not intending to sell or otherwise enter into a contract
with any person in the household.
(8)
No peddler or solicitor shall, in order to effectuate or assist in
any sale or solicitation, represent that he 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.
B.
Any contract or sale made in violation of Subsection A (4), (7) and (8) 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, or electronic mail, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser, or a copy sent to purchaser by electronic mail,
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 revocation of all licenses revoked.
A violation of any provision of this chapter is hereby declared
to be a violation and shall be punishable by a fine not exceeding
$2,000 or imprisonment of not more than 15 days, or both. A violation
which continues for more than seven days shall constitute a separate
and additional violation for each additional week or part thereof
during which the violation continues.