[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-24-2012 by L.L. No. 5-2012[1]]
[Amended 7-22-2014 by L.L. No. 3-2014]
The purpose of this article shall be to preserve the public
peace and good order in the Village of Solvay and to contribute to
the public welfare and good order of its people by enforcing certain
regulations and restrictions, which shall include licensing and registration
obligations, on hawkers, vendors, solicitors and peddlers in order
to prevent fraud, crime and unethical and dishonest business practices
within the Village of Solvay and to protect our citizens from such
behavior.
As used in this article, the following terms shall have the
meanings indicated:
Includes any person, firm or organization requesting or soliciting
alms, subscriptions or contributions to any church, charitable or
public institution or organization whatsoever or for the purpose of
distributing any handbill, pamphlet, tract, notice or advertising
matter.
Includes any person, whether a resident of the Village or
not, who, in any public street or public place or in any open area
on private property adjacent to a public way or by going from house
to house or place of business on foot 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 or merchandise,
or seeks to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs or services of any kind, character or description whatever
for any kind of consideration whatever, or seeks to obtain prospective
customers for application or purchase of insurance of any kind, type
or character, or seeks to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type of publication.
[Amended 7-22-2014 by L.L. No. 3-2014]
It shall be unlawful for any person to engage in, conduct, manage,
operate or cause to be conducted, managed or operated within the limits
of the Village the business of hawker, vendor, solicitor, peddler
or charitable solicitor, or operate a restaurant, eating place, lunch
counter or similar place for the sale or consumption on the premises
of food and beverages, without first obtaining a license from the
Village Clerk.
A.
Nothing herein contained shall require the licensing of 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 in connection with Section 32 of the General Business Law, except that they shall be required to comply with § 109-12 herein and shall confine such activities to the hours between 9:00 a.m. and 7:00 p.m.
B.
This article shall not apply to sales by any member of the Boy Scouts
of America, Girl Scouts of America or similar Village-based youth
organizations; school group; church; fraternal organizations; a duly
organized volunteer ambulance or fire company or district or an auxiliary
thereof; or other bona fide charity who is acting on behalf of said
organization, group, company, district or corporation where the organization
shall have provided notice to the Village Clerk at least five days
before the first activity on its behalf with the dates of the activity
and the name and address of the person in charge.
C.
Political activity shall be exempt from the terms of this article.
[Amended 7-22-2014 by L.L. No. 3-2014]
Each applicant for a license shall file with the Village Clerk,
on a form to be provided by the Village of Solvay, an application,
in writing, which shall give the following information and be signed
and affirmed by the applicant under the penalties of perjury:
A.
If the applicant is a hawker, vendor, solicitor, peddler or charitable
solicitor, the applicant shall provide the following information:
(1)
The name, age and physical description of the applicant;
(2)
His or her complete permanent home and local address and the telephone
number at such address;
(3)
The name and address of the organization or person for whom solicitation
is being made and the telephone number at such address;
(4)
A description of the nature of the business and the goods, services
or wares to be sold and sufficient information to determine the business
to be transacted;
(5)
The days, dates and routes of business or solicitation in the Village
of Solvay, which, unless special permission is granted by the Village
Clerk, shall be between the hours of 9:00 a.m. and 7:00 p.m.;
(6)
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, and where and
when so convicted, the nature of the offense and the penalty, if any;
and
(7)
The make, model, year, color and license plate number of the automobiles
used by the applicant during the period of solicitation in the Village
and the driver identification number and state of issuance on the
applicant's driver's license.
B.
If the applicant operates a restaurant, eating place, lunch counter
or similar place for the sale or consumption on the premises of food
or beverages, the applicant shall provide the following information:
(1)
The name, address and telephone number of the business;
(2)
The name, address and telephone number of the building owner;
(3)
The hours and days of operation;
(4)
If licensed by the New York State Alcoholic Beverage Control Board,
the license number;
(5)
A list of all state and county licenses held by the business;
(6)
If the applicant is a partnership, association or LLC, a list of
all partners or members, including addresses, or, if a sole proprietorship,
the name of the sole proprietor; and
(7)
Any assumed names of the business (D/B/A/).
The Village Clerk shall not grant such license unless the Village
Clerk is satisfied that the person applying for the same is a proper
person to conduct such business. The Village Clerk shall submit each
application to the Chief of Police of the Village of Solvay and shall
be approved by the Chief prior to issuance. In the event that an application
for hawking, vending, soliciting, charitable soliciting or peddling
is incomplete, it shall be disapproved and returned to the applicant
for completion.
A separate license must be obtained from every solicitor, agent
or employee conducting business or soliciting within the Village limits.
[Amended 7-22-2014 by L.L. No. 3-2014]
Each applicant shall be issued a license by the Village Clerk,
upon which shall be impressed the Official Seal of the Village of
Solvay and the period for which said license shall be valid. Licenses
issued to a hawker, vendor, solicitor, peddler or charitable solicitor
shall be valid for a period not to exceed 30 calendar days from the
date of issuance. Licenses issued to an applicant who operates a restaurant,
eating place, lunch counter or similar place for the sale or consumption
on the premises of food or beverages shall be valid for a period not
to exceed one year.
[Amended 7-22-2014 by L.L. No. 3-2014]
The licensee shall carry or display the license at all times
when conducting business in the Village and shall exhibit it to any
citizen or Village official upon request. At the conclusion of the
period for which the license was issued, said license shall be returned
to the Village Clerk.
The Village Clerk may, at any time for a violation of this article
or any other ordinance or any law, revoke any license. When a license
is revoked, no refund of any portion of the fee shall be made. Notice
of such revocation and the reason therefor shall be in writing and
shall be served by the Village Clerk upon the person named in the
application or by mailing the same to the address given in the application.
A copy of the revocation order shall be part of the Village Clerk's
records.
[Amended 7-22-2014 by L.L. No. 3-2014]
No license issued under the provisions of this article shall
be used at any time by any person or business other than the one to
whom it was issued.
[Amended 7-22-2014 by L.L. No. 3-2014]
Every hawker, vendor, solicitor, peddler or charitable solicitor
to whom a license is issued under the terms of this article shall
be governed by the following rules and regulations:
A.
The licensee shall not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale.
B.
The licensee shall not stand or permit the vehicle used by him/her
to stand in any public place or street for more than 10 minutes, or
in front of any premises for any time if the owner or lessee objects.
C.
The licensee shall not create or maintain any booth or other obstruction
upon any street or public place for the purposes of selling or exposing
for sale any goods, wares or merchandise.
D.
The licensee shall not sell any merchandise within 250 feet of any
school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E.
No person subject to the terms of this article shall enter or attempt
to enter the house or apartment of any resident in the Village without
an express invitation from the occupant of the house or apartment.
F.
No person subject to the terms of this article shall conduct himself/herself
in such a manner as to annoy or harass any person while soliciting
within the Village.
Whenever a license issued under this article shall be lost,
destroyed, defaced or mutilated beyond legibility without fault on
the part of the licensee, his or her agents or employees, a duplicate
in lieu thereof under the original application may be issued by the
Village Clerk upon payment of a recording fee in an amount as shall
be set by resolution of the Village Board of Trustees.
The fee for each license shall be set from time to time by resolution
of the Village Board of Trustees, which shall be on file in the office
of the Village Clerk.
[Amended 7-22-2014 by L.L. No. 3-2014]
In the event that an application for a license is revoked or
denied, the applicant may appeal to the Board of Trustees of the Village
of Solvay, which shall set a time and place for a hearing. Such hearing
shall be held within 15 days after a request for an appeal has been
filed with the Village Clerk, and at the hearing the applicant will
be given an opportunity to present his/her reasons why the license
should be issued. The decision of the Board of Trustees is final.
Any person violating the terms of this article, whether as an
individual, principal or agent or employee or another, shall be punishable
to each offense by a fine of not more than $250 or by imprisonment
of not more than 15 days, or both.
