[HISTORY: Adopted by the Board of Trustees of the Village
of Fairport 10-2-1951; amended in its entirety 11-8-1999 by L.L. No. 6-1999 (Ch.
36 of the 1968 Code). Subsequent amendments noted where applicable.]
For the purpose of this chapter, certain words are defined as
follows:
Considered as synonymous with the terms "solicit" and "solicitor."
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
To sell, or to offer for sale for immediate delivery, any
goods, including but not limited to food, wares or merchandise, within
the Village of Fairport, other than from an indoor fixed place of
business, by operating from a stationary place, or by going from house
to house, from store to store, from street to street or from place
to place.
Any person or company who peddles as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
A natural person or an individual, whether a resident of
the Village of Fairport or not.
To sell, or offer for sale for future delivery, any goods,
including but not limited to food, wares and other merchandise, or
services to be performed, or to distribute advertising circulars,
at any place within the Village of Fairport, other than from an indoor
fixed place of business, by operating from a stationary place, or
by going from house to house, from store to store, from street to
street or from place to place.
Any person or company who solicits, as herein defined.
It shall be unlawful after November 1, 1951, for any person
or company to peddle or solicit within the Village of Fairport without
having obtained a valid license therefor as provided herein, as amended.
A license, as required by this chapter, shall be issued in accordance
with the following procedure:
A.
The applicant shall pay to the Village Clerk the applicable fee,
as hereinafter set forth, and shall file with the Village Clerk a
written application which shall set forth the following information:
[Amended 11-10-2014 by L.L. No. 2-2014]
(1)
The name and address of the applicant; if the applicant is a company,
the name, address and title of an officer of the company responsible
for the peddling or soliciting or, if there be no such officer, then
of the person responsible for the peddling or soliciting.
(2)
The address at which process or other legal notice may be served, if different from Subsection A(1) above.
(3)
A brief description of the nature of the business to be conducted
and the kind of goods to be peddled or solicited or of the services
to be performed.
(4)
The date(s) and time(s) when and the place(s) where peddling or solicitation
shall take place.
(5)
A statement as to whether or not the applicant is a citizen of the
United States of America and, if not, the country of which the applicant
is a citizen.
(6)
If a vehicle is involved in the proposed peddling or solicitation,
the name and address of the owner, proof of valid registration, the
vehicle license plate number and proof of liability insurance.
(7)
If the applicant uses scales or measures in the business, there shall
be filed with the application a current, valid certificate issued
by Monroe County that the scales or measures have been tested and
sealed.
(8)
Any approval required by any other law, rule or regulation applicable
to the goods or services peddled or solicited shall be filed with
the application.
(9)
A statement as to whether or not the applicant has ever been convicted
of any crime or violation of any municipal ordinance and, if so, the
date and place thereof, the nature of the offense, the disposition
of the charge against the applicant and the sentence imposed; and
(10)
The application shall be accompanied by two photographs of the
applicant, showing the applicant's head and shoulders, and taken
not more than 60 days prior to the date on which the application is
filed.
B.
Upon receipt
of such application, the Village Clerk shall refer same to the Fairport
Chief of Police for an investigation of the applicant as may be necessary
for the protection of the public good, including a check of the applicant's
record of convictions of criminal law and municipal ordinances. Within
five days from receipt of the application, the Chief of Police shall
return to the Village Clerk a written recommendation as to whether
or not a license should be issued to the applicant and, if the recommendation
is that a license should not be issued to the applicant, the reason(s)
therefor.
C.
The Village Board, or designee, shall grant or deny the license application
after the Chief of Police's recommendation has been filed with
the Village Clerk.
[Amended 11-10-2014 by L.L. No. 2-2014]
Fees for filing an application for a license pursuant to this chapter shall be established by resolution of the Village Board, pursuant to Fairport Village Code Chapter 240. Any fee imposed shall be for the duration of the license, and there shall be no reduction in fees for fractional parts of a year.
A.
The license
issued pursuant to this chapter shall:
B.
Revocation.
(1)
The
license issued pursuant to this chapter may be revoked by the Village
Board, after notice and hearing, upon the occurrence of any of the
following:
(a)
Fraud, misrepresentation or false statement contained in the license
application.
(b)
Fraud, misrepresentation or false statement made by the licensee
in the course of carrying on the business of peddling or soliciting.
(c)
The licensee's violation of this chapter or any other ordinance of
the Village of Fairport.
(d)
The licensee's conviction of any crime or misdemeanor involving moral
turpitude.
(e)
The licensee's conducting the business of peddling or soliciting
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to create a threat to the health, safety or welfare
of the public.
(2)
Notice
of a hearing for revocation shall be given in writing to the licensee,
which notice shall be mailed by first-class mail to the licensee at
the address set forth in the license application, or such other address
as the licensee has furnished in writing to the Village Clerk, at
least five days prior to the date set for the hearing, and said notice
shall set forth the alleged ground for revocation and the time and
place of the hearing.
It shall be a violation of this chapter for any person:
A.
To exercise
any exclusive right to any location in the public sidewalks, streets
or other areas, or to operate in any stationary location, unless expressly
permitted in the license.
B.
To peddle
or solicit in any congested area where said peddling or solicitation
may impede or inconvenience the public, and the judgment of any police
officer, exercised in good faith, as to whether the foregoing shall
have occurred, or shall be likely to occur, shall be deemed conclusive.
C.
To enter
upon private property for the purpose of peddling or soliciting before
9:00 a.m. on any day, or after 1/2 hour before sunset or 7:00 p.m.,
whichever is later, of any day, except with the consent of the householder
or occupant.
D.
To peddle
or solicit on any property which has prominently displayed thereon
any sign containing the words "No Peddlers," "No Solicitors," "No
Agents" or words to that effect, the purpose of which purports to
prohibit peddling or soliciting on the premises.
E.
To peddle
or solicit within 200 feet of any place used or occupied exclusively
as a public or private school, or to permit any cart, wagon or vehicle
to stand in any public highway within said distance of such school
property.
This chapter shall not apply to the following:
A.
The imposition of any fee, as provided in § 358-4 of this chapter, to an honorably discharged veteran of the Armed Forces of the United States of America who has obtained a veteran's license from the Monroe County Clerk to peddle, solicit or vend pursuant to law, but all other provisions of this chapter shall apply to said veteran.
B.
Religious,
charitable, educational or veteran's organizations.
C.
Newspapers
or other periodicals, classified as second-class postal matter.
D.
Written
materials pertaining to a candidate for public office or a political
party.
E.
The sale
of farm produce by persons who produce such commodities; provided,
however, that this exemption shall apply only to natural persons and
shall not be construed to include farmers or other persons who buy
goods for resale as well as selling their own produce, or to any helper
or employee of such person.
F.
Peddling
or soliciting approved by the Village Board in connection with a general
festival to be held in the Village of Fairport and which has been
approved by the Village Board.
Any police officer may require any person observed engaging
in peddling or soliciting to produce his or her license issued as
required by this chapter and enforce the provisions of this chapter
against any person violating same. Any violations of this chapter
shall be reported by the police officer to the Fairport Village Clerk,
in addition to any other enforcement action which may be taken by
the police officer.
Any person convicted of violating any provision of this chapter
shall be deemed to have committed a violation and shall be punished
for each violation by a fine not to exceed $250, a term of imprisonment
not to exceed 15 days, or by both such fine and imprisonment.
