[Derived from Secs. 250 through 259 of Ch. V of the Charter and Ordinances, 1974]
[Amended 12-9-2003, effective 12-19-2003]
No person shall sell, peddle, hawk or vend any goods, wares or merchandise upon the streets or public places of the City, by going from house to house soliciting purchases or otherwise, without first obtaining a license so to do from the Commissioner of Permit and Inspection Services, nor shall a vehicle be used in connection with such peddling without obtaining a license for the vehicle.
[Amended 12-9-2003, effective 12-19-2003]
Application for such licenses shall be made upon a blank form to be furnished by the Commissioner of Permit and Inspection Services, which application shall contain the full name and address of the applicant, the kind of vehicle to be used, if any, and the character of the goods, wares and merchandise to be sold or hawked and shall contain such other information as said Director may require.
[Amended 12-9-2003, effective 12-19-2003]
A. 
The license shall contain its number and date of issue, the kind of vehicle, if one is to be used, and a statement of the character of the goods, wares or merchandise authorized to be sold.
B. 
The Commissioner of Permit and Inspection Services shall furnish to the licensee a badge, which the licensee shall wear at all times when engaged in peddling, and also shall furnish to the licensee, if a vehicle is to be used, a metal plate marked "Licensed Peddler," which plate shall be affixed to the vehicle, and upon the plate shall be incorporated the number of the license and the date of its expiration. Every such badge and/or plate shall be returned to said Commissioner at the expiration of the license.
No license shall be issued under the foregoing provisions to any person under the age of 18 years; provided, however, that during a war emergency a license hereunder to sell popcorn, peanuts, ice cream or confections during the months of June, July, August and September may be issued to male persons between the ages of 16 and 18 years.
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services may, in his discretion, issue licenses free of charge to indigent persons to peddle small articles of merchandise other than fruit, farm or garden products from handcarts, baskets or other receptacles upon the public streets and grounds of the City, except in City parks and playgrounds. No such free license shall be issued for peddling from a horse-drawn or motor vehicle, and no such free license shall be transferable from one person to another. Any such free license shall be revocable in the discretion of the Commissioner of Permit and Inspection Services at any time, and any such free license shall expire 30 days after the date of its issuance unless sooner revoked.
[Amended 6-9-1992, effective 6-22-1992]
A. 
No licensee shall be permitted to sell, peddle, hawk or cry out his wares within the territory bounded on the west by Franklin Street, Upper Terrace, Pearl Street, Pearl Street extended and Commercial Street, on the south by the Buffalo River, on the east by Ellicott Street, Exchange Street (from Ellicott Street to Washington Street), Washington Street and as extended to the Buffalo River, and on the north by Tupper Street, including the streets or parts of streets forming such boundaries; nor within the following territory: that part of Clinton Street between Baitz Avenue and Roberts Street, that part of Bailey Avenue from Seneca Street to Dingens Street, that part of Hobart Street and Hubbard Street within 500 feet of Clinton Street, and the area within that part bounded by School Street westerly to the Niagara River shoreline, Prospect Avenue from School Street to and including the south side of Porter Avenue, the south side of Porter Avenue from Prospect Avenue westerly to the Niagara River shoreline, from this point northerly to the School Street Niagara River shoreline point.
B. 
Upon written recommendation of the Commissioner of Permit and Inspection Services and subject to such terms and conditions as the Common Council may impose, the foregoing restrictions may be modified, altered, changed or suspended for particular applications by resolution of the Common Council.
[Amended 12-9-2003, effective 12-19-2003]
The provisions of the foregoing sections shall not apply to the selling or offering for sale by an American Indian who is a ward of the United States and a resident of a duly established Indian reservation within the State of New York of any product raised, produced or manufactured upon said reservation, and the provisions of this article shall be liberally construed so as to give full force and effect to any tribal rights and privileges existing by custom or by treaty relating to the right of native American Indians to trade with United States citizens.
No licensee, other than one who peddles popcorn, peanuts, waffles, confections or baker's products, shall peddle on the public grounds of the City before 7:00 a.m. nor after 7:00 p.m. nor at any time on Sunday.
Each licensed vehicle, when in use, shall at all times be under the immediate supervision of a licensed peddler, and no more than one other licensed peddler or one licensed peddler's helper shall peddle from such vehicle.
The provisions of this article requiring licenses for vehicles shall not be construed to require licenses for delivery wagons owned or used by grocers, bakers or others having within the City a store, storehouse or warehouse for the sale or distribution of or an establishment for the manufacture of the merchandise carried in said wagon or for the drivers of such wagons.