Village of Spencerport, NY Chapter 227 Peddling and Soliciting

[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 1-17-1984 by L.L. No. 2-1984 (Ch. 89 of the 1988 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 198.

Streets and sidewalks — See Ch. 280.

Zoning — See Ch. 340.

§ 227-1 Legislative intent.

[Amended 12-2-1986 by L.L. No. 5-1986]

This chapter is enacted by the Village of Spencerport for the purpose of regulating transient peddling, vending, soliciting and commercial vending in order that the peace, health, safety, welfare and good order of the Village and of its inhabitants shall not be endangered or unduly disturbed.

§ 227-2 Title.

This chapter shall be known and may be cited as the "Peddling and Soliciting Law of the Village of Spencerport."

§ 227-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL VENDOR

Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services and who operates out of a temporary trailer, mobile home or any other object which does not have a permanent in-ground foundation.

[Added 12-2-1986 by L.L. No. 6-1986]

ESTABLISHED PLACE OF BUSINESS

A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares or commodities he peddles, vends or solicits in the ordinary and regular course of business.

MERCHANDISING

The selling, bartering or trading, or offering to sell, barter or trade, any goods, wares, commodities or services.

PEDDLER, VENDOR and SOLICITOR

Includes, unless otherwise herein provided, any person who goes upon the premises of any private residence or business, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale, or any person who goes upon the premises of any private residence or business, not having been invited by the occupant thereof for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious or other noncommercial purposes.

[Amended 6-5-1996 by L.L. No. 2-1996]

PERSON

Includes any individual, firm, partnership, corporation and unincorporated association and principal or agent thereof.

§ 227-4 License required.

[Amended 12-2-1986 by L.L. No. 7-1986]

It shall be unlawful for any person within the jurisdiction of this chapter to act as a peddler, vendor, solicitor or commercial vendor, as herein defined, without first having duly obtained and having in force and effect a license therefor.

§ 227-5 License application.

A. An application for a license shall contain the following information:

(1) The name and description of the applicant.

(2) The address of the applicant (local and legal).

(3) The name of the firm or company where the applicant is employed.

(4) The address of the firm or company where the applicant is employed.

(5) A description of the motor vehicle to be used, along with the license number, if applicable.

[Amended 12-2-1986 by L.L. No. 8-1986]

(6) A brief description of the nature of the business and the kind of goods or property to be peddled, solicited or vended.

[Amended 12-2-1986 by L.L. No. 9-1986]

(7) The date and length of time the applicant desires the license.

(8) Two-inch-by-two-inch current color photo of the applicant. [1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. The Village Clerk shall require a letter of authorization from the firm or company which the applicant purports to represent.

C. Each person peddling or soliciting for the same firm or company shall be required to file a separate application.

D. The Village Clerk shall require a letter of authorization from the property owner of record for each specific location upon which an applicant intends to operate and for which a license is issued. Such letter of authorization must be in original form either on company letterhead or properly notarized, including language attesting to ownership of said property and reference to specific dates and times for which the applicant is authorized to operate. Such letter of authorization shall be included with the application and made a part thereof.

[Added 9-1-1993 by L.L. No. 2-1993]

E. Each person applying for a peddling or soliciting license shall, with such application, provide a government-issued criminal background check for each such applicant that has been issued no more than 30 days prior to the date said application is received.

[Added 7-1-2015 by L.L. No. 3-2015]

§ 227-6 Issuance of license.

Upon receipt of the application and of the license fee, and if reasonably satisfied with the applicant's qualifications, the Village Clerk shall issue a license to the applicant specifying the particular business authorized and the location wherein it may be conducted. This license shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any Village official, prospective buyer, police officer or Sheriff or his deputies.

§ 227-7 Licensing period; fees; nontransferability.

The licensing period shall be on a daily, monthly or annual basis, and fees for the same shall be determined by the Village Board from time to time. Such license shall not be transferable and shall so state on the face thereof.

§ 227-8 Records.

The Village Clerk shall keep a record of the applications, of the determinations thereon and of all licenses issued in accordance with this chapter. The record shall contain the name and residence of the person licensed, the location of the business, the amount of the license fee paid, the date the license fee was paid and the date of revocation and/or expiration of all licenses revoked.

§ 227-9 Exemptions.

A. The provisions of this chapter shall not apply to the following:

(1) The imposition of any fee, as provided in § 227-6 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Any person soliciting at the express invitation of the person solicited or serving an established customer.

(3) A wholesaler selling articles to dealers or merchants who have an established place of business within the town.

(4) A truck gardener or farmer who himself, or through his employees, vends, sells or disposes of products of his own farm or garden.

(5) A child permanently residing in the Town of Ogden and attending any public, parochial or private school located in the Town of Ogden or an immediately adjacent town; or a representative of any established church maintaining a place of worship within the town or an immediately adjacent town; or a member of a veterans' organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within the Town of Ogden; or a member of a fraternal organization or civic group, provided that such fraternal organization or civic group maintains a chapter of local organization within the Town of Ogden; and further provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which such person is a member or the school which such person attends.

(6) Auction sales held pursuant to law by a Sheriff or other officer authorized by law to conduct such sale.

(7) Written materials pertaining to a candidate or a political party.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. This chapter shall not apply so as to interfere unlawfully with interstate commerce.

§ 227-10 Prohibitions.

A. A licensed peddler, vendor or solicitor shall not:

(1) Call attention to his goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.

(2) Frequent any street in an exclusive nature so as to cause a private or public nuisance.

(3) 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 the lessee of the ground objects.

(4) Sell confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.

B. Commercial vending is allowed only in commercial districts.

[Added 12-2-1986 by L.L. No. 10-1986]

§ 227-11 Revocation of license.

A. Licenses issued under provisions of this chapter may be revoked by the Village Clerk of the Village of Spencerport, after notice and hearing, for any of the following causes:

(1) Any violation of this chapter.

(2) 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.

B. Notice of the 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, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

C. The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section, may forthwith temporarily suspend such license until a hearing is held by him, as provided herein, and the Village Clerk shall have issued his determination thereon.

D. If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either he or any one or more of his employees are determined to be in violation of this chapter.

§ 227-12 Appeals.

Any person aggrieved by the action of the Village Clerk in the denial of an application for a license, as provided in § 227-5 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 227-11 of this chapter, shall have the right to appeal to the Village Board of the Village of Spencerport. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.

§ 227-13 Penalties for offenses.

[Amended 2-2-1988 by L.L. No. 1-1988]

Any person who shall act as a peddler, vendor or solicitor, as herein defined, without a license or who shall continue to act as peddler, vendor or solicitor subsequent to the revocation of his license shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.