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.
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.
[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.