Village of Millerton, NY
Dutchess County
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[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:
PEDDLER
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.
SOLICITOR
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.