[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 11-9-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The Board of Trustees of the Village of Dundee.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Village of Dundee or any Deputy or Assistant thereto.
- HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who from 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 vehicle, sells, barters, or purchases, offers for sale or barter or purchase or carries or exposes for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value except milk, newspapers and food distributed on regular customer routes.
- LICENSING OFFICER
- Such person as shall be designated by the Board of Trustees; provided, however, that in the event that no such designation is made, the licensing officer shall be the Village Clerk.
- Includes any person who goes from place to place or house to house or by telephone or standing in any street or public place takes or offers to take orders for, or offers to purchase, goods, wares or merchandise, books, magazines, periodicals or any other item or items of value except newspapers, dairy products or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery at the home or residence of any person who has been solicited prior thereto by telephone or has responded to any type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.
- TRANSIENT MERCHANT
- A merchant who sells merchandise from private property within the Village for temporary periods only and does not conduct business in buildings or structures which are assessed on the Village tax rolls.
- Village of Dundee.
- VILLAGE CLERK
- The Clerk of the Village of Dundee or Deputy Clerk thereof.
General. Nothing in this chapter shall be held to apply to any sales:
Conducted pursuant to statute or by order of any court.
By any person selling personal property at wholesale to dealers in such articles.
By persons under the age of 18 years representing local nonprofit organizations.
Relating to peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities and by authorized persons selling such items at farm markets whose location and hours have been approved by the Board of Trustees.
By authorized persons selling personal property at sidewalk sales whose location and hours have been approved by the Board of Trustees.
By persons selling antiques and arts and crafts at shows whose location and hours have been approved by the Board of Trustees.
By persons selling their own used household goods and clothing, not purchased for resale, at yard and lawn sales on real property where they reside.
Sales conducted or authorized by nonprofit organizations having offices in Yates County, the proceeds of which shall be used for charitable or organizational purposes.
Interstate commerce. This chapter shall not apply so as to unlawfully interfere with interstate commerce, and to that end, all persons claiming to be engaged in interstate commerce shall apply to the licensing officer for a certificate of compliance using the form of application described in Subsection A of § 97-4. The applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.
Certificate of compliance. When the applicant shall have established to the satisfaction of the licensing officer that he or she is engaged in interstate commerce, the licensing officer shall issue to him or her, without charge, a certificate of compliance stating, among other things, that such person has complied with the requirements of this section and has satisfactorily established that he or she is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce shall constitute a violation of this chapter.
It shall be unlawful for any person within the limits of the Village to act as a hawker, peddler, solicitor or transient merchant, as herein defined, or assist the same without first having obtained and paid for and having in force and effect a license therefor or having in force and effect a certificate of compliance.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a form furnished by the Village Clerk. Such application shall give:
The name, address, tax identification number and age of the applicant.
The kind of goods, wares and merchandise he or she desires to sell or the kind of service he or she desires to perform.
The number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired.
The method of distribution.
The name, address and tax identification number of the person, firm, or corporation he or she represents.
The length of time the applicant desires the license.
Such other information as may be required by the licensing officer to substantiate the above items.
If applicable, such application shall be accompanied by a certificate from the Director of Weights and Measures of the county certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
An application for a license as a solicitor or transient merchant who demands, accepts or receives payment or a deposit of money in advance of final delivery shall also be accompanied by a cash deposit of $1,000 or a surety company bond of $10,000 or other bond secured by sufficient collateral, said bond to be approved by the Village Attorney or legal counsel as to form and surety, conditioned for making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order shall be refunded. Any person aggrieved by the action of any licensed solicitor shall have the right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the Village for a period of 180 days after the expiration of any such license, unless sooner released by the Board of Trustees.
Licensing officer to issue or deny. Upon the filing of the application, bond and certificate as provided in the preceding section and payment of the required fee, the licensing officer shall, upon his or her approval of such application, issue to the applicant a license as provided in § 97-3. A license may be refused if the applicant shall have been convicted of any violation of this chapter.
Appeal to Board of Trustees. Any applicant who has been refused a license by the licensing officer may apply to the Board of Trustees therefor, and the same may be granted or refused by the Board of Trustees.
A fee schedule shall be established by motion or resolution of the Board of Trustees. Such fee schedule may therefor be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the issuance of peddling and soliciting permits.
Every peddler or solicitor licensed under this chapter shall have said license in possession at all times when peddling or soliciting, and shall display the same upon demand of any person.
No license issued under the provisions of this chapter may be transferred from one person to another person.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of any day except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or solicitor in plying his or her trade, to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all the following words: "No Peddlers," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No peddler or solicitor shall peddle, vend or sell his or her goods or wares on any public highway within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall he or she permit his or her cart, wagon, or vehicle to stand on a public highway within said distance of such school property.
No peddler, solicitor or transient merchant shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale.
No person shall, by any trick or device or by any false representation, obtain or attempt to obtain admission to the house or garage of any person or corporation in the Village of Dundee.
No peddler, solicitor or transient merchant shall blow a horn, ring a bell or use any other noisy device to attract public attention to his or her wares or shout or cry out his or her wares.
It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstruction upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
No peddler, solicitor or transient merchant shall represent or state or otherwise indicate that he or she is not intending to sell or otherwise enter into a contract with any person in the household.
Notwithstanding any other provision in this chapter, no person shall enter upon any private residential property in the Village of Dundee for the purpose of vending, peddling or soliciting an order for any merchandise, device, work, services, book, periodical or printed matter whatsoever; nor for the purpose of soliciting alms or a subscription or a contribution to any church, charitable or public institution, nor for the purpose of distributing in person any handbill, pamphlet, tract, notice or advertising material; nor for the purpose of selling or distributing any ticket or chance whatsoever without the consent of the occupant of said premises.
It shall be the duty of any law enforcement officer in the Village of Dundee to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this chapter against any person found to be violating the same. The Code Enforcement Officer is further authorized to enforce the provisions hereof.
A license issued pursuant to this chapter may be revoked after a public hearing held by the Board of Trustees after due notice to the licensee. All constitutional safeguards shall be afforded the licensee at such hearing.
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 the hearing except as set forth below.
In addition to the foregoing, the Village Mayor or Village Clerk may forthwith temporarily suspend any license issued pursuant to this chapter upon receiving information giving reasonable cause to believe that any licensee hereunder has either violated this chapter by an act involving moral turpitude, physical abuse, threats, intimidation or harassment, or health or general welfare of the inhabitants of the Village. Within 10 days after such suspension, the Board of Trustees shall conduct a hearing and issue their determination as to whether the license shall be revoked or reinstated. If such hearing or determination is not made within said ten-day period, the license shall be restored automatically.
Any person aggrieved by the action or determination of the licensing officer in the denial of an application for a license as provided in § 97-6 of this chapter shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of the action or determination complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the fee paid and the date of revocation of all licenses.
All annual licenses issued under the provisions of this chapter shall expire on the 31st day of December in the year issued. All other than annual licenses shall expire on the date specified in the license.
A violation of any provision of this Code shall be punishable by a fine not to exceed $250 and/or a maximum of 15 days' imprisonment for each violation of the provisions of this chapter.