[HISTORY: Adopted by the Board of Trustees of the Village of New
York Mills as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-27-1973 by L.L.
No. 2-1973 as Ch. 17 of the 1973 Code]
As used in this article, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
Means and includes a building or store in or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during regular business hours.
HAWKER AND PEDDLER
Means and includes, 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 barters,
or carries or exposes for sale or barter any goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value, except
milk, newspapers and food distributed on regular customer routes.
SOLICITOR
Means and 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.
A. Nothing in this article shall be held to apply to any
sales:
(1) Conducted pursuant to statute or by order of any court.
(2) To any person selling personal property at wholesale
to dealers in such articles.
(3) To merchants having an established place of business
within the Village or their employees for soliciting orders from customers
and delivering the same.
(4) To persons under the age of 18 years.
(5) To farmers and truck gardeners, who themselves or through
their employees vend, sell or dispose of products of their own farms and gardens.
(6) To 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.
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 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.
It shall be unlawful for any person within the corporate limits of the
Village to act as a hawker, peddler or solicitor as herein defined or assist
same without first having obtained and paid for, and having in force and effect
a license therefor.
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 to be used by the applicant
in carrying on the business for which the license is desired.
(2) The kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform.
(3) The method of distribution.
(4) The name, address and age of the applicant.
(5) The name and address of the person, firm or corporation
he represents.
(6) The length of time the applicant desires the license.
(7) Such other information as may be required by the Board
of Trustees.
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 $5,000 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 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 Board of Trustees.
Upon the filing of the application, bond and certificate as provided in the preceding sections, the Mayor shall, upon his approval of such application, issue to the applicant a license as provided in §
149-3, signed by the Village Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable; any holder of such license who permits
it to be used by any other person, and any person who uses such license granted
to any other person shall each be guilty of a violation of this article.
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 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,
fee paid and the name and address of the licensee.
Such licenses shall automatically expire on December 31 following the
date of issuance of such license, but such licenses may specifically state
and provide for an earlier expiration date.
No license shall be granted to a person under 18 years of age. No applicant
to whom a license has been refused or who has a license which has been revoked
shall make further application until a period of at least six months shall
have elapsed since the last previous rejection or revocation, unless he can
show that the reason for such rejection no longer exists. 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 and for each person licensed to assist a hawker, peddler
or solicitor shall be as set from time to time by resolution of the Board
of Trustees.
B. For the purpose of this article, 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.
The Mayor may, at any time, for a violation of this article or any other
provision of this Code or any law, suspend any license issued hereunder. When
a license shall be so suspended, no refund of any unearned portion of the
license shall be made. Notice of such suspension and the reason therefor in
writing shall be served by the Village Clerk upon the person named in the
application or by mailing the same to the address given in the application.
Any person who receives such notice of suspension may request an appearance
before the Board of Trustees at its next regularly scheduled meeting and may
at that time present such facts as he deems applicable concerning the suspension.
Thereafter, the Board of Trustees may reinstate the license or suspend same
for such period of time as it deems appropriate or revoke same. If no application
is made upon the suspension by the Mayor, the license shall be deemed to be
revoked.
A. It shall be unlawful for any person to enter upon private
property for the purpose of peddling or soliciting on Sundays or before the
hour of 9:00 a.m. of any other day or after the hour of 7:00 p.m. of any other
day except upon the invitation of the householder or occupant.
B. 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.
C. 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 he permit his cart, wagon
or vehicle to stand on any public highway within said distance of such school
property.
D. 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 place of residence of
any person in the Village.
E. 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.
F. 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.
G. No peddler or solicitor shall represent, state or otherwise
indicate that he is not intending to sell or enter into a contract with any
person in the household in order to gain access.
H. 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.
I. Any contract or sale made in violation of Subsections
D,
G or
H 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, stating the terms thereof and the amount paid in advance,
and one copy shall be given to the purchaser 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 article giving the
number and date of each license, the fee paid and the date of suspension and/or
revocation of all licenses suspended or revoked.
A. The violation of any provision of this article shall be punishable as provided in §
1-15 of Chapter
1, General Provisions, of this Code.
B. In addition to the foregoing, the court may also suspend
or revoke any license of any person convicted of violating any of the provisions
of this article.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this article, the following terms shall have the meanings
indicated:
TRANSIENT MERCHANT
Any person, partnership or corporation who displays samples, models,
goods, wares or merchandise in any outdoors area or in any hotel or motel
room, rooming house, store, club, storehouse, house or other indoor place
for the purpose of securing orders or completing sales for the retail sale
of such goods, wares, or merchandise, and who does not own said premises or
is not the holder of a formal lease thereof for a term of not less than one
month and for a rental of not less than $250.
A. No person shall engage in business as a transient merchant
unless he shall first have obtained a license to do so from the Village Clerk.
The fee for a transient merchant's license shall be as set from time to time
by resolution of the Board of Trustees. The license issued by the Village Clerk to the transient merchant
must be at all times prominently displayed in a location visible to the public
in or about the premises used by the transient merchant in conducting his
business.
B. Every person to whom a license has been granted hereunder,
while exercising his license, shall place the license number and date of issuance
in all advertisements placed in newspapers and provide that the number and
date of issuance shall be announced in the course of all radio and television
commercials placed during such period of time the license is in operation
and effect.
An applicant for a transient merchant's license shall provide the following
information:
A. Address of his place of residence.
B. The firm or firms he represents, together with copies
of documents establishing the firm's state or country, form of organization,
ownership, and qualifications to do business in this state, and the exact
relationship between the firm and the transient merchant.
C. A brief description of the nature of the business and
the kind of goods or commodities he desires to sell.
D. The place where the applicant proposes to sell such merchandise.
A. Before such license is issued by the Village Clerk, the
applicant will be required to post a surety bond in an amount of not less
than $500 for each transaction made and bonded for and for $25,000 protection
in the aggregate for transactions occurring in a license period of 30 days
or a portion thereof. Any extension of a license period will require the same
bonding before said license is extended and said bond shall be approved as
to form and sufficiency by the Village Attorney before such license is issued
or extended.
B. The condition of such bond shall be that said transient
merchant will pay all state and local taxes applicable to his transactions
entered into in this municipality; that he will well and truly perform any
and all contracts or sales orders for merchandise to be delivered at a future
date and accepts payment in part or in full therefor, within a period of four
months from the date of said contract, a copy of which contract or sales order
with full particulars to be delivered to the purchaser at the time of sale.
C. There shall be no forfeiture in respect to the four months'
limitation where there is proof that nondelivery was due to strikes or other
extraordinary events beyond the control of said transient merchant; however,
in such event, the transient merchant upon demand shall promptly return in
full the purchaser's deposit; and if he fails to do so, the surety will be
required to make restitution under said bond.
The owner, proprietor or manager of any outdoor or indoor place shall
report, within six hours after renting the same, to the Village Clerk the
name of any person who has rented said outdoor or indoor space for the sale
and display of merchandise of a transient merchant, giving the location of
the room so rented.
Any person violating the provisions of this section shall, upon conviction
thereof, be fined not more than $250 for each offense, and every day that
a violation of this section shall continue shall constitute a separate and
distinct offense.
This article is not intended to apply to:
A. The casual sale of food or fish products or vegetable
product; or
B. The display of samples, models, goods, wares or merchandise
in any outdoors area or in any hotel or motel room, rooming house, store,
club, storehouse, house or other indoor place or outdoor space for the purpose
of securing orders or completing sales for the retail sale of such goods,
wares or merchandise by a person, partnership or corporation, duly formed
or operating for not-for-profit, charitable purposes, the proceeds of which
retail sales are to be used for charitable purposes.