This chapter shall be known and may be cited as the "Peddler and Solicitor
Law" and shall apply to the area within the incorporated Village of Lowville.
This chapter is enacted for the purpose of regulating itinerant merchandising
in order that the peace, health, safety, welfare and good order of the village
and of the inhabitants thereof shall not be endangered or unduly disturbed.
For the purpose of this chapter, the terms used herein are defined as
follows:
ESTABLISHED PLACE OF BUSINESS
Any building, store or depository in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles or
solicits.
HAWKER AND PEDDLER
Except as herein expressly provided, any person, principal or agent
who, in any public street or highway 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
standing in a street or highway, sells or barters, offer for sale or barter
or carries or exposes for sale or barter any goods, wares or merchandise,
except as hereinafter exempted.
LICENSEE
A person to whom a license has been granted pursuant to this chapter.
MERCHANDISING
The selling, bartering or trading or offering to sell, barter or
trade of any goods, wares, commodities or services.
PERSON
Any individual, firm, partnership, corporation, unincorporated association
and all other entities of any kind or any principal or agent thereof.
SOLICITOR
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, except as hereinafter exempted, or for services to be
performed in the future or for making, manufacturing or repairing any article
or thing whatsoever for future delivery.
It shall be unlawful for any person, within the limits of the Village
of Lowville, to act as a hawker, peddler or solicitor, as herein defined,
except in conformity with the provisions of this chapter, and without first
having obtained and paid for and having in force and effect a license, as
provided herein.
Every applicant for a license under this chapter shall file with the
Village Clerk a sworn written application, in duplicate, on a form to be furnished
by said Clerk, which shall give or be accompanied by the following:
A. Name and description of the applicant.
B. Permanent home address and full local address of the
applicant.
C. A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
D. If employed, the name and address of the employer, together
with credentials establishing the exact relationship, and the name and address
of a person upon whom legal process and notice may be served.
E. The length of time for which the license is desired.
F. If a vehicle is to be used, a description of such vehicle
and its license number.
G. The place where the goods or property to be sold or offered
for sale are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
H. A statement as to whether 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 therefor.
I. If peddling or soliciting is to be conducted as a team,
group or other organized party under single leadership, or direction, control
or sponsorship, the above required personal information shall also be supplied
as to such leader or person in charge and with respect to each other person,
employee or agent so involved.
J. If the applicant represents or is the agent for a principal,
there shall be appended to the application a letter or other evidence of authorization
or agency from the principal describing the nature and scope of such applicant's
authority, and any restrictions, limitations and conditions imposed on such
applicant by the principal agency or organization he represents. In addition,
copies of each order form, contract or other form or document to be utilized
by the applicant in such sale or solicitation shall be attached to the application.
K. Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count as provided
under Article 16 of the Agriculture and Markets Law of the State of New York,
such application shall be accompanied by a certificate from the sealer of
weights and measures, having jurisdiction thereof, certifying that all weighing
and measuring devices to be used by the applicant have been examined and approved.
L. A statement whether any previous application for a license
was made, and the disposition of the application.
M. Any additional information required by any competent
village office or agency in the interest of the health, safety and welfare
of the citizens of the village.
[Amended 1-20-1981 by L.L. No. 1-1981]
The fee for each license issued pursuant to this chapter shall be as
set from time to time by resolution of the Board of Trustees.
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 name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
Appropriate signs, as the Trustees of the Village of Lowville shall
deem necessary, shall be erected by the Highway Department of the Village
of Lowville at such places within the Village of Lowville as the Board of
Trustees directs, advising of the existence of this chapter.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation punishable by a fine
not exceeding $250 or by imprisonment for a term not exceeding 15 days, or
by both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.