[Adopted 6-1-1977 (Ch. 60 of the 1967 Code)]
For the purpose of this Article, the following words, as used
herein, shall be considered to have the meanings herein ascribed thereto:
A building or store in which the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits.
Except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place or by
going from house to house or place of business to place of business,
on foot or on 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, except as hereinafter
exempted.
As used in this Article, includes any person, not resident
in the City of Glens Falls, who from time to time shall establish
premises rented within the City for less than 45 days for the purpose
of buying, selling or bartering or who exposes for sale or barter
any goods, wares or merchandise.
[Added 9-9-1981]
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind.
Includes any one or more of the following activities:
Seeking 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.
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication.
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any charitable
or nonprofit association, organization, corporation or project.
[Amended 9-9-1981; 3-8-1983]
Nothing in this Article shall be held to apply to any sales
conducted pursuant to statute or by order of any court; to any person
selling personal property at wholesale to dealers in such articles;
to merchants having an established place of business within the City
owned by the merchant or rented for more than 46 days where there
are employees for soliciting orders from customers and delivering
the same; to farmers and persons who produce such commodities or to
dealers in milk, baked goods, heating oil and daily newspapers or
the peddling of meats, fish, fruit and similar produce; to any honorably
discharged member of the United States Armed Forces who has procured
a license as provided by the General Business Law of the State of
New York;[1] to persons hawking, peddling, soliciting or collecting for any bona fide not-for-profit organization such as Girl Scouts, Boy Scouts, Little League Baseball and similar not-for-profit organizations; or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of 10 miles of the City of Glens Falls or providing a service or direct benefit to the residents of the City of Glens Falls. Anything to the contrary notwithstanding, this Article will not apply if the enforcement would unlawfully interfere with interstate commerce. All persons named above shall be subject to restrictions hereinafter after delineated in §§ 156-21, 156-22, 156-23, 156-24 and 156-25.
[1]
Editor's Note: See § 32 of the General Business
Law.
[Amended 9-9-1981]
It shall be unlawful for any person within the corporate limits
of the City of Glens Falls to act as a hawker, peddler, occasional
salesperson or solicitor, as herein defined, without first having
obtained and paid for and having in force and effect a license therefor.
[Amended 9-9-1981]
A.
Application for a license shall be made upon a form provided by the
municipality. The applicant shall truthfully state in full the information
requested on the application as follows:
(1)
The name and address of the present place of residence and length
of residence at such address, also, the business address, if other
than the present address.
(2)
The address of the place of residence during the past three years,
if other than the present address.
(3)
The age of the applicant.
(4)
A physical description of the applicant.
(5)
The name and address of the person, firm or corporation or association
whom the applicant is employed by or represents and the length of
time of such employment or representation.
(6)
The name and address of the employer during the past three years
if other than the present employer.
(7)
A description sufficient for identification of the subject matter
of the soliciting in which the applicant will engage.
(8)
The period of time for which the license is applied.
(9)
The date or approximate date of the latest previous application for
a license under this Article, if any.
(10)
A statement of whether a license issued to the applicant under
this Article has ever been revoked.
(11)
A statement of whether the applicant has ever been convicted
of a violation of a felony under the laws of the state or any other
state or federal law of the United States.
(12)
A statement of whether the applicant or representative has ever
been denied a license or had a license revoked; if so, the particulars
of such denial or revocation.
B.
All statements made by the applicant upon the application or in connection
therewith shall be under oath.
C.
The applicant shall submit to fingerprinting by the Police Department
of the municipality in connection with the application for the license.
D.
The Chief of Police shall cause to be kept in his office an accurate
record of every application received and acted upon, together with
all other information and data pertaining thereto, and all licenses
issued under the provisions of this Article and of the denial of applications.
Applications for licenses shall be numbered in consecutive order as
filed, and every license issued and any renewal thereof shall be identified
with the duplicate number of the application upon which it was issued.
E.
Except as hereinafter provided, no license shall be refused except
for a specific reason and for the protection of the public's
safety, health, morals, or general welfare. A license shall not be
assignable. Any holder of such license who permits it to be used by
any other person shall be guilty of a violation of this Article. No
license shall be granted to a person under 18 years of age. No applicant
to whom a license has been refused or who has had a license revoked
shall make further application until a period of at least six months
shall have elapsed since the last previous rejection or revocation.[1]
[Amended 9-9-1981]
[1]
Editor's Note: Former § 60-5, Revocation of
certificate, was repealed 9-9-1981.
Upon receipt of such application, the original shall be referred
to the Chief of Police of the City of Glens Falls, who shall cause
such investigation of the applicant's business and moral character
to be made as he deems necessary for the protection of the public
good.
A.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same and return said application to the City Clerk,
who shall notify the applicant that his application is disapproved
and that no license shall be issued.
B.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval and
return such application to the City Clerk, who shall, upon payment
of the prescribed fee, issue a license to the applicant. Such license
shall contain the signature and seal of the issuing officer and shall
show the name and address of said licensee, the kind of goods to be
sold thereunder, the amount of fee paid, the date of issuance and
the length of time the same shall be operative.
C.
A license shall not be assignable. Any holder of such license who
permits it to be used by any other person and any person who uses
such license granted to any other person shall be guilty of a violation
of this Article. Such license shall automatically expire on January
1 following the date of issuance thereof, but such license may provide
for an earlier expiration date. No applicant to whom a license has
been refused or who has had a license which has been revoked shall
make further application until a period of at least six months shall
have elapsed since the last previous rejection or revocation, unless
he can show that the reason for such rejection or revocation no longer
exists. Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand to any
police officer or citizen.
D.
No license shall be granted to a person under 18 years of age.
[Amended 9-9-1981]
The license fees for each license issued pursuant to this Article
shall be as follows:
[Amended 9-9-1981]
Any licensee may employ two persons, and no more, to assist
in selling and delivering his wares or in purchasing. In the case
of peddlers, hawkers and solicitors, such persons shall act only when
accompanying a licensed peddler, hawker or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor
in or about his business shall have the name of the licensee and his
address plainly, distinctly and legibly painted in letters and figures
at least two inches in height in a conspicuous place on the outside
of each side of every such vehicle, and such name and address shall
be kept so painted plainly and distinctly at all times while such
vehicle is in use during the continuance of the license.
A.
Causes. Licenses issued under the provisions of this Article may
be revoked by the Mayor of the City of Glens Falls, after notice and
hearing, for any of the following causes:
(1)
Fraud, misrepresentation or a false statement contained in the application
for the license.
(2)
Fraud, misrepresentation or a false statement made in the course
of carrying on his business as a peddler.
(3)
Any violation of this Article.
(4)
The conviction of any crime or misdemeanor.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
(6)
A complaint received by the City in violation of a "no soliciting"
sign on a private residence or business.
B.
Notice of hearing for revocation of a license shall be given in writing,
setting 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 at least five days prior to the date set for hearing.
Every person desiring to secure the protection provided by the
regulations pertaining to soliciting, hawking and peddling contained
in this Article shall comply with the following directions. Notice
of the determination by the occupant of giving invitation to solicitors,
hawkers or peddlers or the refusal of invitation to solicitors, hawkers
or peddlers to any residence shall be given in the following manner:
A.
A weatherproof card, approximately three inches by four inches in
size, shall be exhibited upon or near the main entrance door to the
residence, indicating the determination by the occupant and containing
the applicable words as follows:
B.
For the purpose of uniformity, the cards shall be provided by the
Chief of Police to persons requesting the same, at the cost thereof.
C.
Such card so exhibited shall constitute sufficient notice to any
solicitor of the determination by the occupant of the residence of
the information contained thereon.
A.
It shall be the duty of every solicitor, hawker and peddler, upon
going onto any premises in the municipality upon which a residence
as herein defined is located, to first examine the notice provided
for in this article, if any is attached, and be governed by the statement
contained on any notice. If the notice states "Only solicitors registered
in Glens Falls invited," then the solicitor, hawker or peddler not
possessing a valid license as herein provided shall immediately and
peacefully depart from the premises, and if the notice states "No
solicitors invited," then the solicitor, hawker or peddler, whether
registered or not, shall immediately and peacefully depart from the
premises.
[Amended 9-9-1981]
B.
Any solicitor who has gained entrance to any residence, whether invited
or not, shall immediately and peacefully depart from the premises
when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, in definance of the notice exhibited at the residence in accordance with the provisions of § 156-22 of this Article.
[Amended 9-9-1981]
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether licensed under this Article or not,
to go upon any premises and ring the doorbell upon or near any door
or create any sound in any other manner calculated to attract the
attention of the occupant of such residence for the purpose of securing
an audience with the occupant thereof and engaging in soliciting,
hawking or peddling, as herein defined, prior to 9:00 a.m. or after
sunset, year round.
[Amended 9-9-1981]
A licensed hawker, peddler, occasional salesperson or solicitor
shall:
A.
Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects. The City Health Officer
shall have the power to inspect the vehicle and receptacles so used
at any time.
C.
Not stand or permit the vehicle used by him to stand in one place
in any public place or street for more than 10 minutes or in front
of any premises for any time if the owner or any lessee of the premises
objects.
D.
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
E.
Not purchase any gold, silver or other precious metals or jewelry
or antiques, objects of art, collectibles, old coins, stamps or any
other artifacts without obtaining the name and address of the seller
or sellers and without permitting the City Police Department to inspect
the articles purchased and the names and addresses of the seller or
sellers at the end of each business day.
F.
Have in full force and effect a liability insurance policy in the
face amount of $25,000 naming the City of Glens Falls as a coinsured
party, where such policy shall be required by and in the form specified
by the City Attorney.
G.
Have in full force and effect a bond to the City of Glens Falls in
the penal sum of $250, subject to the approval of the City Attorney
as to form and surety. Any person aggrieved by the action of any licensed
hawker, peddler, occasional salesperson or solicitor shall have the
right by action on the bond for the recovery of money or damages,
or both.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit of money is paid to the solicitor.
It shall be the duty of the City Clerk to keep a record of all
applications and of all licenses granted under the provisions of this
Article, giving the number and date of each license, the name and
residence of the person licensed, the amount of the license fee paid
and also the date of revocation of all licenses revoked.
[Amended 12-18-1997 by L.L. No. 8-1997]
Each violation of this Article or of any regulation, order or
rule promulgated thereunder shall be punishable by a fine not exceeding
$500 for each offense, and each day a violation continues shall be
a separate offense.
