[HISTORY: Adopted by the Board of Trustees
of the Village of Millerton 10-11-1978 as Ch. 40 of the 1978 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, either principal or agent, who from any public
street or public place or by going from house to house or place to
place, on foot or on or from any vehicle, sells or offers for sale
any goods, wares or merchandise, books, magazines, periodicals or
any other item or items of value, except milk, newspapers, food, heating
oil and bottled gas distributed on regular customer routes.
Any person who goes from house to house or place to place
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 milk, newspapers, food,
heating oil and bottled gas distributed on regular customer routes),
or for services to be performed in the future, or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
Nothing in this chapter shall be held to apply
to:
A.
Any sales conducted pursuant to statute or by order
of any court.
B.
Any person selling personal property at wholesale
to dealers in such articles.
C.
The peddling of meats, fish, fruit and farm produce
by farmers and persons who produce such commodities.
D.
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.
E.
Any nonprofit religious, charitable, educational,
civic or political organization having an office or permanent address
in the Town of North East and persons working for or representing
such organizations.
It shall be unlawful for any person within the
corporate limits of the village to act as a peddler or solicitor as
herein defined without having a license therefor.
A.
Every applicant for a license shall file with the
Village Clerk a written application upon a form furnished by the Village
Clerk, which shall give or be accompanied by the following:
(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.
(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)
Two business references located in the County of Dutchess,
State of New York, or other evidence of good character and business
responsibility of the applicant.
(8)
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 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.
C.
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.
[Amended 2-23-1998 by L.L. No. 1-1998]
The fee for each license issued pursuant to
this chapter will be determined by the Village Board.
A.
Upon the filing of the application meeting the requirements of § 120-4 and payment of the fee, the Village Clerk shall, upon approval of such application, issue to the applicant a license. A license may be refused if the applicant shall have been convicted of a crime, misdemeanor or violation of a municipal ordinance which, in the judgment of the Village Clerk, renders the applicant unfit or undesirable to carry on the business for which the license is sought.
B.
Any applicant who has been refused a license by the
Village Clerk may appeal, in writing, to the Board of Trustees, and
the application shall be reviewed and granted or refused by the Board
of Trustees at its next regular meeting.
C.
Licenses shall be issued for such term as may be requested
by the licensee, but shall expire not later than the first day of
June next succeeding.
A licensee shall not:
A.
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his
business, or offer for sale any provision, food or merchandise that
is unwholesome, unfit, deleterious or harmful to the user or consumer
thereof.
B.
Peddle at or solicit a private residence which has
displayed a sign bearing the words "no peddling or soliciting" or
words of like intent. A licensee shall not remain on the premises
after the owner or occupant thereof shall have requested his departure.
C.
Sell any confectionery or ice cream within 250 feet
of any school between the hours of 7:00 a.m. and 4:00 p.m. on school
days.
D.
Stand or permit any vehicle used by him to stop or
remain in one location for a period of over 30 minutes in any one
day.
E.
Create, erect 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.
F.
Blow a horn, ring a bell or use any other noisy device
in excess of 75 decibels to attract public attention to his wares,
or shout or cry out his wares.
G.
Assign or transfer his license to any other person
or permit any other person to use his license; and any transfer to
or use of such license by any other person shall be a violation and
shall automatically terminate such license.
H.
Fail to exhibit his license upon demand to any police
or village officer or to any citizen being solicited or involved in
a transaction with him.
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.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Board of Trustees of the Village of Millerton,
after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for a license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the licensee's business as a peddler or
solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
B.
Notice of hearing for revocation of a license shall
be given in writing, setting forth the grounds of complaint and the
time and place of hearing. Such notice shall be mailed to the licensee
at his last known address at least 10 days prior to the date set for
hearing.
[Amended 9-13-1978 by L.L. No. 8-1978]
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
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.
