[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee 11-9-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees of the Village of Dundee.
The Code Enforcement Officer of the Village of Dundee or
any Deputy or Assistant thereto.
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.
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.
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.
The Clerk of the Village of Dundee or Deputy Clerk thereof.
A.Â
General. Nothing in this chapter shall be held to apply to any sales:
(1)Â
Conducted pursuant to statute or by order of any court.
(2)Â
By any person selling personal property at wholesale to dealers in
such articles.
(3)Â
By persons under the age of 18 years representing local nonprofit
organizations.
(4)Â
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.
(5)Â
By authorized persons selling personal property at sidewalk sales
whose location and hours have been approved by the Board of Trustees.
(6)Â
By persons selling antiques and arts and crafts at shows whose location
and hours have been approved by the Board of Trustees.
(7)Â
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.
(8)Â
Sales conducted or authorized by nonprofit organizations having offices
in Yates County, the proceeds of which shall be used for charitable
or organizational purposes.
B.Â
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.
C.Â
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.
A.Â
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:
(1)Â
The name, address, tax identification number and age of the applicant.
(2)Â
The kind of goods, wares and merchandise he or she desires to sell
or the kind of service he or she desires to perform.
(3)Â
The number and kind of vehicles to be used by the applicant in carrying
on the business for which the license is desired.
(4)Â
The method of distribution.
(5)Â
The name, address and tax identification number of the person, firm,
or corporation he or she represents.
(6)Â
The length of time the applicant desires the license.
(7)Â
Such other information as may be required by the licensing officer
to substantiate the above items.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
No peddler, solicitor or transient merchant shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.Â
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.
B.Â
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.
C.Â
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.
