[HISTORY: Adopted by the Board of Trustees of the Village of Mount Morris 10-6-1983 by L.L. No. 3-1983. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the distribution of certain materials, peddling, soliciting and related activities within the Village of Mount Morris. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or distributing materials within the Village may be established and the rights of legitimate businesses may be protected, so that general regulations may be more effectively enforced, for the protection and maintenance of the health, safety and welfare of the inhabitants of the Village and to prevent dishonest business practices and dishonest solicitation of funds in the Village.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
An individual, firm, corporation, club, society, partnership, unincorporated association and any principal or agent thereof who, in or upon any street or highway or going from place to place by foot, wagon, automotive vehicle or any other type of conveyance or who, from a wagon, automotive vehicle, railroad car or other vehicle or conveyance with or without going from place to place, sells or barters, offers for sale or barter, carries or exposes for sale or barter or takes or offers to take orders for, goods, wares, merchandise, meats, fish, fowl, vegetables, fruit, flowers, garden or farm products or provisions or services of any kind. The term "peddler" shall include the words "hawker," "huckster" and "solicitor."
The provisions of this chapter shall not apply to:
A. 
Any sales conducted pursuant to statute or by order of any court.
B. 
Sales of personal property at wholesale to dealers in such articles.
C. 
Sales to merchants having an established place of business within the Village.
D. 
The peddling of meats, fish, fowl, fruit, vegetables and garden produce by a gardener or farmer or his employee where the products so sold or offered for sale are the produce of the vendor's farm, garden or orchard.
E. 
Sales by dealers in milk, baked goods, heating fuel and daily newspapers.
F. 
Sales by any person soliciting at the express invitation of the person solicited or soliciting to established customers.
G. 
Sales by any school group, veterans, fraternal or charitable organization, volunteer firemen's association, religious, civic or service group or other nonprofit organization or association that maintains a chapter or place for the regular conduct of business or meetings within the County of Livingston.
H. 
Any veteran who has procured a license from the State of New York pursuant to General Business Law § 32.
It shall be unlawful for any person to act within the Village of Mount Morris as a peddler without having a valid license therefor obtained as prescribed in this chapter.
A. 
Every applicant for a license under this chapter shall file with the Village Clerk a sworn application, in writing, in duplicate, on a form to be furnished by the Village Clerk, setting forth the following:
(1) 
The name and address of the applicant, both legal and local, if different.
(2) 
The applicant's date of birth.
(3) 
The citizenship of the applicant.
(4) 
The social security number of the applicant.
(5) 
A brief description of the nature of the business and the goods or services to be sold.
(6) 
The expected inclusive dates of soliciting activity and reasons why the activity will require such period of time.
(7) 
The names of the streets or areas of the Village of Mount Morris where peddling will be conducted.
(8) 
Three photographs of the applicant, two by two inches in dimension, taken within 30 days of the date of application. Such photographs shall show the head, full face and shoulders of applicant. One copy of the photograph shall be attached to the application, one to the license, and the third shall be delivered to the Chief of Police of the Village of Mount Morris.
(9) 
A list of all other municipalities in which the applicant has peddled within the last year, together with inclusive dates of such activities, together with a list of previous peddlers license permit numbers, noting which are still in effect.
(10) 
A list of previous employments, exclusive of peddling, during the last three years.
(11) 
The name and address of the firm or organization represented, if any.
(12) 
An itemized statement of all merchandise or services to be sold or offered for sale, including a price list.
(13) 
A letter of authorization from the firm or organization the applicant purports to represent, if applicable.
(14) 
A letter of authorization from each business supplying merchandise or services which the applicant sells or solicits orders for.
(15) 
Copies of all order and receipt forms used by the applicant in soliciting sales or orders.
(16) 
The name and address of counsel for the applicant.
(17) 
If a vehicle is to be used, a description of the same, together with the license number or other means of identification.
(18) 
A statement as to whether or not the applicant has been convicted of any crime or violation of any federal, state or municipal law, rule, regulation, ordinance or local law, the nature of the offense and the punishment or penalty assessed therefor.
(19) 
The names and addresses of at least two reliable property owners of the County of Livingston in the State of New York who will certify as to the applicant's good character and reputation for business responsibility or, in lieu thereof, any other available evidence as to the good character and business responsibility of the applicant which will enable the Village Clerk to properly evaluate such character and reputation for business responsibility.
B. 
An applicant intending to use an employee peddling or soliciting in the Village of Mount Morris shall, with respect to each such employee, set forth the information prescribed in Subsection A(1) through (8) of this section.
C. 
No license shall be issued authorizing peddling by any person under the age of 18 years.
D. 
Each application for a license shall be accompanied by a fee as shall be set from time to time by resolution of the Village Board of Trustees[1], to cover the cost of investigating and administering the application. An additional fee as shall be set from time to time by resolution of the Village Board of Trustees shall accompany the application for each employee of the applicant. Such fees shall be nonrefundable, except that the Board of Trustees may, in its discretion, waive or refund any such fees payable or paid by any nonprofit charitable, civic or service organization.
[Amended 9-9-2004 by L.L. No. 2-2004]
[1]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
A. 
The Village Clerk shall make or cause to be made such investigation of the applicant's background, character and fitness as the Clerk may deem necessary for the protection of the public welfare and safety. Based upon such investigation, the Village Clerk shall either approve or disapprove the application. Upon approval, a license shall be issued containing the information set forth in the following § 161-7.
B. 
Upon disapproval, the Village Clerk shall state the reasons therefor and promptly notify the applicant thereof. Thereupon, the applicant may request a hearing before the Board of Trustees at its next regular Board meeting. At least three days prior to said meeting, the Village Clerk shall issue a notice of hearing, and the same shall thereafter be held in accordance with the procedure prescribed in § 161-9C of this chapter. The determination of the Board of Trustees following such hearing shall be final and conclusive.
A. 
The license shall bear the signature of the Village Clerk and the Seal of the Village and shall set forth:
(1) 
The name, address and photograph of the licensee.
(2) 
The specific activity licensed.
(3) 
The type of goods or services to be offered for sale.
(4) 
The date of issuance.
(5) 
The expiration date.
(6) 
The license number and other identifying description of any vehicle used in such peddling.
B. 
The license shall be nonassignable and, upon request, shall be produced and exhibited to any police officer or prospective customer of the license.
C. 
No license shall be valid for a period of more than 60 days from the issuance date, and in no event shall it be valid after the last day of the year in which it is issued.
No peddler, whether licensed pursuant to this chapter or exempt therefrom, shall, within the Village of Mount Morris:
A. 
Willfully misstate any fact relating to merchandise or services offered for sale.
B. 
Willfully offer for sale any article of an unwholesome or defective nature.
C. 
Call attention to himself or his vending activity by a public address system or by creating a public disturbance or loud and unusual noise.
D. 
Willfully and for the purpose of vending enter upon premises clearly displaying a sign prohibiting solicitation.
E. 
Fail to promptly leave premises upon request of any occupant of such premises.
F. 
Fail to furnish to a vendee upon request a legible receipt signed and dated by the licensee containing a description of the merchandise or services ordered or sold, the price thereof and the payment received.
A. 
Any license issued pursuant to this chapter may be revoked by the Board of Trustees at its next regular meeting after notice and hearing for any of the following causes:
(1) 
Any violation of this chapter.
(2) 
Conviction of any crime involving moral turpitude.
(3) 
Any misrepresentation or false statement contained in the license application or made in the course of business as a peddler.
(4) 
Fraud, misrepresentation or false statement made in the course of business as a peddler.
(5) 
Conducting the business of peddling in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
The Village Clerk may suspend any license pending any hearing as herein prescribed.
C. 
Notice of hearing for revocation of a license shall be given, in writing, and shall set forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address not less than 10 business days prior to such hearing. The hearing shall be held within 31 days from the date of suspension of the license. The determination of the Board of Trustees following such hearing shall be final and conclusive.
[Amended 12-1-1988 by L.L. No. 9-1988]
Any person committing an offense against or violating this chapter or any section or provision thereof is guilty of a violation and shall, upon conviction thereof, be subject to a fine not exceeding $250 or to imprisonment for a term not to exceed 15 days, or both. For each day such offense or violation continues, the violator shall be subject to a separate civil penalty.