A.
It shall be unlawful for any person to be engaged in the business of peddler, solicitor, transient or itinerant merchant or vendor as defined in § 76-2 of this chapter within the Incorporated Village of Greenwood Lake, New York, without first obtaining a permit and license therefor. Applicants for a permit and license under this article of this chapter must file with the Village Clerk a sworn application in writing (in duplicate) on a form to be provided by the Village Clerk, which shall give the following information:
(1)
Name and description of the applicant and two photographs of the
applicant, taken within 60 days immediately prior to filing of the
application, which pictures shall be two inches by two inches, showing
the head and shoulders of the applicant in a clear and distinguishing
manner.
(2)
Address (legal and local).
(3)
A brief description of the nature of the business and of the goods
to be sold.
(4)
If employed, the name and address of the employer, together with
credentials establishing relationship.
(5)
The length of time for which the right to do business is desired.
(6)
If a vehicle, cart, wagon or conveyance is to be used, a description
of same, together with the license number or other means of identification.
(7)
A statement as to whether or not the applicant has ever been arrested
for or convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the penalty or punishment
therefor.
(8)
A certificate from the sealer of weights of the County of Orange,
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved.
(9)
The serial number and date of issuance of any veteran's peddler
license issued by the County of Orange, State of New York, pursuant
to § 32 of the General Business Law of the State of New
York.
Each application under this article shall be reviewed by at
least three members of the Village Board, whose approval shall be
endorsed on said application, which shall be returned with all supporting
documents to the Village Clerk who shall, upon receipt of the prescribed
license fee, issue a license. Such license shall contain the signature
of the Village Clerk or Deputy Clerk and the Seal of the Village of
Greenwood Lake. Such license shall also contain the name, address
and photograph of said licensee, the kind of goods sold, amount of
fee paid, date of issuance, length of time said license shall be operative,
a photograph and description of the licensee, and the license number
and/or description of any vehicle to be used by the licensee. The
Village Clerk shall keep a permanent record of all licenses issued
under this article.
Any applicant refused a license by the reviewing members of
the Village Board may apply in writing to said Board for a hearing
before said Village Board, and the same may be granted or refused
by the Village Board except as prohibited by the Village Law of the
State of New York.
A.
A license shall be issued for a term expiring December 31 of the
year in which it is issued, and the fee therefor shall be $100, payable
upon issuance of the license, said license to be valid only between
the hours of 8: 00 a.m. and 8:00 p.m. daily.[1]
B.
Corporations, firms, partnerships and companies employing more than
one peddler as defined in this chapter shall be subject to a license
fee of $100 for each such peddler so employed in the Village of Greenwood
Lake.[2]
C.
A special holiday license may be granted for a period of not more than one week (seven days), including Saturday and Sunday, at the discretion of the Village Board, with the fee for such special holiday license to be $10, with such license to be valid only for the dates and times denoted on said special license. The Village Board may, in its discretion, waive any or all other application requirements except § 76-3B.
Peddling shall be prohibited on any public lands owned by the
Village of Greenwood Lake other than public streets. No peddler shall
have exclusive right to any location in the public streets, nor shall
be be permitted to remain at one stationary location in excess of
30 minutes at a time. The peddler must remove from said location after
such 30 minutes and must move a distance of not less than one full
street or 300 feet, whichever is longer, each time the peddler moves,
and such move cannot be to a previous location or within aforesaid
distance on any given day. In addition, no peddling shall be permitted
in any congested area or where such peddling might impede or obstruct
public flow. The judgment of a police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded.
Honorably discharged soldiers, sailors or marines of the military and naval services of the United States who have obtained a license from the County Clerk pursuant to the provisions of § 32 of the General Business Law shall be exempt from payment of the fee as required by § 76-6A of this chapter. Persons collecting or soliciting for any bona fide charitable organization shall be exempt from payment of the fee required under § 76-6A of this chapter. In addition, the Village Board, in its discretion, may waive any other applicable requirements of this article. Nothing in this article of this chapter shall apply to salesmen calling on and selling directly to governmental, business or commercial establishments, nor shall anything in this article apply to minors 18 years of age or under engaged in such services as snow shoveling, grass cutting, leaf raking, lawn clearing, newspaper or magazine delivering and collecting and other similar services as an independent contractor.
