[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie 12-11-1978 by L.L. No. 6-1978. Amendments noted where
applicable.]
GENERAL REFERENCES
Outdoor sales and displays — See Ch. 115.
As used in this chapter, the following terms
shall have the meanings indicated:
Include, except as hereinafter expressly provided, any person,
either principal or agent, who, in any public street or public place
or by going from house to house or from place of business to place
of business, on foot or on or from any animal or vehicle standing
in a street, sells or barters, offers for sale or barter or carries
or exposes for sale or barter any goods, wares, merchandise, services
or contracts of any kind.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being sued.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, or to any person selling personal property at wholesale to dealers in such articles, or to dealers of heating oil; nor shall §§ 101-3 through 101-10 apply to any person collecting for any charitable institution or organization having obtained tax exempt status under the Internal Revenue Code. This chapter shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person, within
the limits of the Village of Coxsackie, to act as a hawker, peddler
or solicitor as herein defined without first having obtained and paid
for and having in force and effect a license therefor.
Every applicant for a license is required to
submit to the Village Clerk a written application supplying under
affidavit the following information:
A.
That he is a citizen of the United States.
B.
That he has never been convicted of a felony or a
misdemeanor.
C.
In detail, the particular business, trade or occupation
for which the license is required.
D.
The manner or means of conveyance in which the said
business or trade shall be conducted.
E.
The locality within which it is desired to carry on
or engage in said trade, business or occupation.
F.
The name of the person or persons or the residence
of the person composing any such firm, or the principal place of business
of any such corporation, and the name of the officer in the case of
a corporation upon whom process or other legal notice may be served.
Upon the filing of the application, as provided in § 101-4, the Mayor shall, upon his approval of such application, issue to the applicant a license as provided by § 101-3, signed by the Mayor. 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, and unauthorized use thereof, either by a holder of such license or by any other person, shall be deemed to be a violation of this chapter.
[Amended 9-8-1986 by L.L. No. 5-1986]
The license fee to hawkers, peddlers or solicitors
shall be as follows, except that no fee shall be required of a disabled
veteran whose disability is proven, to the satisfaction of the Mayor,
to be combat related.
The Mayor may, at any time for a violation of
this chapter or any other ordinance or any law, revoke any license.
When a license is revoked, no refund of any unearned portion of the
license fee shall be made. Notice of such revocation and the reason
or reasons therefor in writing shall be served by the Mayor upon the
person named in the application or by mailing the same to the address
given in the application, and a copy of such notice shall be filed
with the Village Clerk.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him in a
clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him to stand
in one place in any public street or place for more than 10 minutes
or in front of any premises for any time if the owner of or lessee
of the ground floor thereof objects.
D.
Not sell any confectionery or ice cream within 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
E.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
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, giving the number and date of each
license, the name and residence of the person licensed, the amount
of the license fee paid and also the date of revocation of all licenses
revoked.
[Amended 12-12-1979 by L.L. No. 27-1979]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
Any organization exempt from the provisions of §§ 101-3 through 101-10 hereof by reason of its status under the Internal Revenue Code shall, however, prior to soliciting funds, notify the Village Clerk of its intention to solicit funds. Such organization shall submit to the Village Clerk a written statement under oath, giving the name of the organization, its address, the names of persons who will be soliciting funds, the dates of such solicitation and its tax exempt number. Upon the submittal of such statement, the Village Clerk shall issue, at no cost, a certificate of compliance with this chapter.
