Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Depew 1-3-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 117.
Junk dealers — See Ch. 132.
Licenses and permits — See Ch. 141.
Noise — See Ch. 148.
Streets and public places — See Ch. 203.
A. 
As used in this article, the following terms shall have the meanings indicated:
PEDDLING, CANVASSING or SOLICITING
The taking of orders for goods, wares or merchandise, including subscriptions for magazines, or other printed matter, the obtaining of contracts for home and building devices, repairs and improvement and the securing of contributions to various causes and organizations, from house to house, or upon any street or sidewalk in the Village.
PERSON
Any natural person, associations, partnership, firm or corporation.
VILLAGE
Village of Depew.
B. 
The singular shall include the plural and the masculine shall include the feminine and the neuter.
The Village reserves the right to have all the following named groups be subject to the registration and licensing requirements of this article, except that the license fee shall be waived. All other provisions of this article will be applicable to the following:
A. 
Boys or girls under 18 years of age who take orders for and deliver newspapers, greeting cards, candy and the like for Boy Scouts, Girl Scouts, churches or other charitable and civic organizations.
B. 
Persons delivering or distributing goods or services previously ordered or contracted for by the person to whom they are delivered or distributed.
C. 
Person who works for a not-for-profit, charitable or religious organization and who are registered with the New York Department of State under the Charities Registration Division and produce proof of such current registration. Individuals soliciting for these organizations must refrain from soliciting if the premises is posted with a sign bearing the words "No Peddlers", "No Solicitors" or words of similar import.
D. 
Persons who are acting as representatives of accredited war veterans organizations.
E. 
Farmers who are selling their own produce that is raised or produced on their farm.
F. 
Persons engaged in interstate commerce.
G. 
Insurance agents licensed pursuant to Insurance Law Article 6, §§ 110 through 132.[1]
[1]
Editor's Note: See now Art. 21 of the Insurance Law, § 2101 et seq.
H. 
Volunteer Fire Departments.
I. 
Persons maintaining a regular delivery route in the Village.
J. 
Commercial salesmen or deliverymen calling exclusively upon retail or wholesale establishments or other business firms within the Village.
It shall be unlawful for any person within the corporate limits of the Village to peddle, canvass or solicit as herein defined without first having obtained and paid for and having in full force and effect a license issued by the Depew Village Clerk.
The license fee shall be $150 per individual per six-month period or fractional part thereof. The Village shall indicate on the license the period of time for which the required license fee shall have been paid.
A. 
Any and each person desiring to engage in peddling, canvassing and soliciting shall submit a written application to the Village Clerk on a form to be furnished by the Village Clerk, accompanied by a valid driver's license or photo identification.
B. 
The applicant shall state his name, age, sex, social security number, home address, business address, name and address of employer, if any, what he desires to canvass, peddle and solicit for, the length of time he wishes to engage in this work and the make and type of vehicle, if any, he will use, its registration number and whether he has ever been convicted of a felony or misdemeanor, and if so, give date of conviction, nature of offense, penalty imposed and name and address of court.
C. 
The Village Clerk shall refer the application to the Chief of Police for investigation and report.
D. 
The Village Clerk shall issue to the applicant a license within seven days from the date of filing of the application unless the application is rejected by the Village Clerk based on findings made by the Depew Village Police Department. No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
E. 
Any applicant who has been refused a license by the Village Clerk may appeal to the Village Board of Trustees and the same may be granted or refused by the Board of Trustees.
F. 
No license issued under this article shall be transferable from one person to another.
A. 
Any person requiring cash deposits or taking orders for cash on delivery purchases (COD) or who requires a contract of agreement to finance the sale of any goods, services, or merchandise for future delivery or for the services to be performed in the future shall furnish to the Village of Depew a bond in the amount of $5,000.
B. 
Any person aggrieved or damaged by the action of the peddler, canvasser or solicitor shall[1] the right of action on the bond for recovery of money or damages or both.
[1]
Editor's Note: So in original.
Every person engaged in peddling, canvassing or soliciting within the confines of the Village shall, in the conduct of his activities, comply with the following standards of conduct:
A. 
He shall conduct himself at all times in an orderly and lawful manner.
B. 
He shall not enter onto enter property if the premises is posted with a sign bearing the words "No Peddlers," "No Solicitors" or words of similar import.
C. 
He shall carry his license at all times and exhibit it upon request to any police officer or to any person on whom he shall call or with whom he shall talk. He shall identify himself by means of a firm or corporate identification card or a valid New York State motor vehicle driver's license.
D. 
He shall not permit any person to have possession of his license and shall immediately report its loss to the Village. He shall not cause or permit his license to be altered or defaced in any way.
E. 
He shall not engage in peddling, canvassing and soliciting before 9:00 a.m. nor after dusk.
F. 
He shall not enter or attempt to enter any dwelling without the invitation or permission of the occupant and shall immediately leave any premises upon the request of the occupant.
G. 
He shall not be guilty of any false pretense or misrepresentation, and particularly, he shall not represent his license to be an endorsement of himself or his goods or services or of the goods or services of his employer by the Village.
H. 
He shall give a written receipt for all orders taken within the Village where a down payment is received, which receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares, merchandise or services ordered, the total purchase price thereof and the amount of the payment received by the solicitor from the purchaser.
I. 
He shall immediately surrender his license to the Village upon revocation thereof.
No person licensed as a peddler, canvasser or solicitor under this article shall hawk or cry his wares upon any of the streets or sidewalks of the Village nor shall be use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
[1]
Editor's Note: See also § 148-4, Hawkers and peddlers, of Ch. 148, Noise.
No person licensed as a peddler, canvasser or solicitor under this article shall park any vehicle upon any of the streets or alleys of this Village in order to sort, rearrange or clean any of his goods, wares or merchandise; nor may any such person place or deposit any refuse upon any of such streets or alleys.
No person licensed as a peddler, canvasser or solicitor under this article shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Village for the purpose of peddling, canvassing or soliciting.
Any license may be revoked by the Village if the holder fails to comply with any of the standards of conduct contained in § 164-7 hereof or upon ascertainment by the Police Department that the holder has made a false statement in his application.
This article shall not apply to any person to whom a transient retail merchant's license has been issued.
A. 
Any person who shall engage in peddling, canvassing or soliciting without registering with the Village Clerk, whether or not required to be registered and licensed under this article, or who shall violate any of the other provisions of this article shall be punishable as provided by § 1-10 of Chapter 1 entitled "General Provisions" of this Code.
B. 
In addition to the foregoing, the Village may also revoke any license of any person convicted of any provisions of this article.
Previous Chapter 17 entitled "Peddlers and Solicitors"[1] is hereby repealed in its entirety and any ordinance that conflicts with the terms and provisions hereof is hereby repealed.
[1]
Editor's Note: Chapter number reference is to the 1971 Code.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof involved in the controversy in which such judgment shall have been rendered.
A. 
As used in this article, the following terms shall have the meanings indicated:
(1) 
Any person, whether principal or agent, who hires, leases, subleases, occupies or uses any room, apartment, store, shop building, lot, railway car, automobile or other motor vehicle in a stationary position for the exhibition and sale of goods, wares or merchandise which is intended to be conducted for a period of six months or less.
(2) 
Notwithstanding the foregoing, garage sales as defined in Chapter 117, Garage Sales, shall not be included in this definition.
VILLAGE
Village of Depew.
B. 
The singular shall include the plural and masculine shall include the feminine and neuter.
The Village reserves the right to have all the following named groups be subject to the registration and licensing requirements of this article, except that the license fee shall be waived. All other provisions of this article will be applicable to the following:
A. 
Farmers who are selling their own produce that is raised or produced on their farm.
B. 
The sale of any goods, wares or merchandise within an enclosed area where admissions are charged.
C. 
The sale of any goods, wares or merchandise conducted pursuant to statute or by order of any court.
It shall be unlawful for any person within the corporate limits of the Village to operate as a transient retail merchant as herein defined without first having obtained and paid for and having in full force and effect a license issued by the Depew Village Clerk.
The license feel shall be $150 per individual per six-month period or fractional part thereof. The Village shall indicate on the license the period of time for which the required license fee shall have been paid.
A. 
All transient retail businesses must comply with all of the following in order to receive a transient retail merchant license:
(1) 
Complete an application furnished by the Village, which includes his name, address, age, sex, social security number, tax payer identification number, name and address of employer, if any, description of goods and wares to be sold, the date or dates the area will be used for transient retail business, accompanied by a valid driver's license or photo identification.
(2) 
Provide a notarized letter or rental agreement from the owner of the property where the transient retail business will be located stating the applicant has permission to occupy that area for a specific period of time for the purpose of conducting a transient retail business. The transient retail merchant must meet the minimum front yard requirements as outlined in Schedule II of the Zoning Schedule.[1]
[1]
Editor's Note: Schedule II, Zoning Schedule of Bulk and Coverage Controls, is included at the end of Ch. 260, Zoning.
(3) 
Provide a plot plan of the area to be used showing the location of any stand, vehicle, etc., to be used in conjunction with the transient retail business. This plan must also show proposed off-street parking for potential customers and any existing buildings and street rights-of-way on or adjacent to the site. All transient retail business must provide a minimum of four off-street parking spaces that are improved sufficiently to ensure that mud, dust and debris are not carried onto adjacent streets and properties.
(4) 
Provide proof of insurance policy or public liability bond in an amount not less than $50,000 for property damage and injuries, including injury resulting in death, caused by the operation of the transient retail business.
B. 
The Village Clerk shall refer the application to the Code Enforcement Officer for investigation and report pursuant to the provisions outlined in Subsection A(3) of this section.
C. 
The Village Clerk shall issue to the applicant a license within seven days from the date of filing of the application unless the application is rejected by the Village Clerk based on the findings made by the Depew Code Enforcement Officer.
D. 
Any applicant who has been refused a license by the Village Clerk may appeal to the Village Board of Trustees and the same may be granted or refused by the Board of Trustees.
E. 
No license issued under this article shall be transferable from one person to another.
Any person who leases, subleases, occupies or uses any room, apartment, store, shop, building for the purposes of conducting a transient retail business shall also be subject to the provisions of § 76-24C and pay the required certificate of occupancy fee.
A. 
No person may occupy a stationary position for the purpose of a transient retail business on any public street, sidewalk, park or any other public right-of-way within the Village.
B. 
No person operating a transient retail business shall sell or attempt to sell goods, wares and merchandise to motorists on public streets nor impede traffic in any fashion.
C. 
No transient retail business may place a sign on the public sidewalks, streets or rights-of-way within the Village.
D. 
He shall give a written receipt for all orders taken, which receipt shall be signed by the transient retail merchant and set forth the merchant's name, address, telephone number and a brief description of the goods, wares, merchandise or services ordered, the total purchase price thereof and the amount of the payment received by the merchant.
E. 
He shall display his license at all times. He shall display his New York State taxpayers identification number certificate. He shall identify himself by means of a firm or corporate identification card or a valid New York State motor vehicle driver's license.
F. 
He shall immediately surrender his license to the Village upon revocation thereof.
No person licensed as a transient retail business shall hawk or cry his wares, nor shall be use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
[1]
Editor's Note: See also § 148-4, Hawkers and peddlers, of Ch. 148, Noise.
Any license may be revoked by the Village if the holder fails to comply with any of the standards of conduct contained in § 164-22 hereof or if it is found that the holder has made a false statement in his application.
This article shall not apply to any person to whom a peddlers and solicitor's license has been issued.
A. 
Any person who shall engage as a transient retail merchant without registering with the Village Clerk, whether or not required to be registered and licensed under this article, or who shall violate any of the other provisions of this article shall be punishable as provided by § 1-10 of Chapter 1 entitled "General Provisions" of this Code.
B. 
In addition to the foregoing, the Village may also revoke any license of any person convicted of any provisions of this article.
Previous Chapter 17 entitled "Peddlers and Solicitors"[1] is hereby repealed in its entirety and any ordinance that conflicts with the terms and provisions hereof is hereby repealed.
[1]
Editor's Note: Chapter number reference is to the 1971 Code.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof involved in the controversy in which such judgment shall have been rendered.