[HISTORY: Adopted by the Board of Trustees
of the Village of Yorkville 3-2-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating
the distribution of certain materials, peddling, soliciting and related
activities within the Village of Yorkville. The licensing of persons
engaged in the above-mentioned activities is required so that the
identity of persons going door to door or distributing materials within
the Village may be established, so that general regulations may be
more effectively enforced, for the protection and maintenance of the
health, safety and welfare of the inhabitants of the Village, and
to prevent dishonest business practices and dishonest solicitation
of funds in the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for service, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as used herein.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds or from a stationary
location on any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who is not a resident
of the Village or does not have a permanent business address in the
Village and who merchandises or sells with the intent to close out
or discontinue such business within a period of one year from the
date of commencement and occupies a room, building, tent, lot or other
premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor,
distributor or transient merchant to sell, offer for sale or distribute
merchandise, printed material or services within the Village without
first applying for and obtaining a license therefor from the Village
Clerk.
A.
Every applicant for a license under the provisions
of this chapter shall file with the Village Clerk a sworn written
application, on a form to be furnished by said Clerk, which shall
give or be accompanied by the following information or documents:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address
of the applicant.
(3)
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
(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 license is desired.
(6)
If a vehicle is to be used, a description of such
vehicle and its license number.
(7)
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
merchandise is located at the time such application is filed and the
proposed method of delivery.
(8)
Two business references located in the County of Oneida,
State of New York, or, in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
(9)
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.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures of the
county certifying that all weighing and measuring devices to be used
by the applicant have been examined and approved.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Clerk, and the Clerk shall refer the original to the Chief
of Police, who shall make or cause to be made within five days such
investigation of the applicant's business responsibility and character
as he deems necessary for the protection of the public good.
B.
If, as a result of such an investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons therefor and shall return said application to the
Clerk. Any determination by the Chief of Police that an application
is unsatisfactory shall be based on one or more of the following findings
with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory, shall endorse his approval
on the application and shall return the application to the Clerk.
A.
If an application is found unsatisfactory by the Chief
of Police and he has endorsed his disapproval upon the application,
the Clerk shall notify the applicant, by mail, that the application
is disapproved and shall deny the applicant any license.
B.
If an application is found satisfactory by the Chief
of Police, the Clerk shall issue a license addressed to the applicant
to conduct the business applied for upon the payment of the proper
fee by the applicant. Such license shall contain the signature of
the issuing officer and shall show the name and address of the applicant,
the type of business (peddler, solicitor, distributor or transient
merchant) for which the applicant has registered, the kind of goods
or services to be sold thereunder, the date of issue, the length of
time the license shall be operative and the license number and other
identifying description of any vehicle used in the activity licensed.
A.
At the time of the issuance of a license, a fee shall
be paid by an applicant for a peddler's or solicitor's or transient
merchants license, to cover the costs of investigation and the administration
and enforcement of this chapter. The amount of said fee shall be set
by resolution of the Board of Trustees.
B.
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be licensed separately and each shall pay the appropriate fee.
C.
Upon the expiration of a license, a new license will
be issued upon compliance with all the provisions of this chapter
and the payment of fees, except that the investigation and waiting
period therefor may be waived if approved by the Clerk and Chief of
Police.
D.
Whenever a license shall be lost or destroyed on the
part of the holder or his or her agent or employee, a duplicate in
lieu thereof, under the original application, may be issued by the
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person aggrieved by the action of the Chief of Police or of the Village Clerk in the denial of a license, as provided in § 94-6 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 94-11 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
A.
Upon obtaining a license as herein provided, a peddler,
solicitor, distributor or transient merchant may conduct his activities
within the Village only as long as he adheres to the regulations set
forth in this chapter.
B.
All licenses shall expire on December 31 of the year
issued.
C.
A license shall not be assignable. Any holder of a
certificate who permits it to be used by any other person and any
person who uses a license issued to any other person shall be guilty
of an offense against this chapter.
D.
No applicant to whom a license has been refused or
who has had a license revoked shall make further application until
a period of at least 12 months shall have elapsed since the last previous
rejection or revocation unless he can show that the reason for such
rejection or revocation no longer exists.
E.
Every peddler, solicitor, distributor or transient
merchant shall, while conducting his activities, carry the license
with him and shall exhibit the same upon demand to any police officer
or citizen.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 1/2 hour before sunset, unless specifically
having been invited into a house by the occupant or having made an
appointment with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Clerk and displaying
his license.
C.
Have exclusive right to any location in the public
streets or operate in any congested area where his operations might
impede or inconvenience the public.
D.
Leave at a property or house or in any public place
circulars, samples or other matter, except a "newspaper," which shall
be defined as a periodical with a paid circulation of at least 90%
of its total circulation, except when handed to a person willing to
accept the same.
E.
Enter or attempt to enter the land of any resident
in the Village without an express invitation from the occupant of
such land.
F.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or -amplifying device upon any of the streets, parks
or public places of the Village or upon private premises in such a
manner that sound of sufficient volume is emitted or produced to be
capable of being plainly heard upon the streets, avenues, parks or
other public places of the Village or upon private premises thereof
for the purpose of attracting attention to any merchandise or services.
H.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
I.
Litter the streets, public places or properties within
the Village with any merchandise or printed material.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Board of Trustees, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation or a materially incorrect
statement contained in the application for a license.
(2)
Fraud, misrepresentation or a materially incorrect
statement made in the course of carrying on the business of solicitor,
peddler, distributor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant 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.
A notice of a hearing for the revocation of a license
shall be given by the Village Clerk, in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the holder of the license
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by an agent of
the Village in the same manner as a summons at least three days prior
to the date set for the hearing.
C.
Upon revocation, the license shall be surrendered
to the Clerk.
A.
No part of this chapter shall be enforced so as to
conflict with Article 4, § 32, of the General Business Law
of the State of New York, providing for exemptions for veterans.
B.
The requirements of this chapter shall not apply to
the following, provided that an official uniform, clothing or other
suitable identification approved by the Board of Trustees is displayed
and they have previously registered with the Chief of Police:
C.
Nothing in this chapter shall be held to apply to:
(1)
Sales conducted pursuant to statute or by order of
any court.
(2)
Persons selling personal property at wholesale to
dealers in such articles.
(3)
Merchants having an established place of business
within the Village, or their employees.
(4)
The peddling of meats, fish, fruits and similar produce
by farmers and persons who produce such commodities and by authorized
persons selling such items at farm markets whose location and hours
have been approved by the Board of Trustees.
(5)
Dealers in milk, baked goods, heating oil and daily
newspapers.
(6)
Licensed real estate brokers.
(7)
Authorized persons selling personal property at sidewalk
sales whose location and hours have been approved by the Board of
Trustees.
(8)
Persons selling antiques, art and crafts at shows
whose location and hours have been approved by the Board of Trustees.
(9)
Persons selling their own used household goods and
clothing, not purchased for resale, at yard and lawn sales on real
property where they reside.
D.
Interstate commerce. This chapter shall not apply
so as to unlawfully interfere with interstate commerce.
E.
This chapter
shall not apply to any person or individual that is merely proselytizing
for either religious or political purposes, distributing religious
or political handbills at no cost, or exercising the right to anonymous
religious or political speech without soliciting any funds and without
selling any goods or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
