This chapter shall be known and may be cited as the "Peddling
and Soliciting Local Law."
This chapter is enacted for the purpose of regulating itinerant
merchandising in order that the peace, health, safety, welfare and
good order of the village and its inhabitants shall not be endangered
or unduly disturbed.
For the purpose of this chapter, the terms used herein are defined
as follows:
ESTABLISHED OFFICE OR PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares, commodities
or services or peddles 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 or soliciting for
the sale, trade or barter of wares, goods, commodities or services.
PEDDLER OR SOLICITOR
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities or services
by going from house to house, place of business to place of business
or in any public street or public place or by temporarily occupying
a room, building or other premises therefor.
PERSON
Any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
TEMPORARY OCCUPANCY
The occupancy of a store, room, building, tent, enclosure
or structure of any kind for no longer a period of time than is necessary
to peddle his service or services or merchandise or products therein
housed, without an intent to supply continuous service or to replenish
or restock the goods, wares or merchandise sold therein. In all prosecutions
for a violation of this chapter, the intent of the defendant to conduct
an established place of business shall be a material fact, and the
burden of furnishing proof of such intent shall be upon the defendant
in such prosecution.
Merchandising any goods, wares, commodities or services within the Village of Warsaw without first having obtained a license therefor from the Clerk of the village is hereby prohibited, unless such merchandise or service is furnished at the personal request of the person buying the same or unless such license is not required under any of the provisions of §
112-5 of this chapter.
Upon receipt of the approved police records search from the
Chief of Police, the application and the license fee, 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 continuous possession
of the licensee while engaged in the business licensed. The license
shall be produced upon demand of any village official or prospective
buyer. Such license shall be countersigned by the Chief of Police
of the Village of Warsaw and shall be invalid until such signature
is obtained.
The license fees for all licenses hereunder are hereby fixed
as follows: $100 a year or $25 per day.
A license may be summarily revoked by the Village Clerk by reason
of a violation of the terms of the license, the violation of any municipal
ordinance or state or federal statute or falsification in applying
for a license. Written notice of such revocation, stating the terms
thereof, shall be personally served upon the licensee or mailed to
the address given in the application. Upon the filing of such notice
of revocation in the Village Clerk's office, with affidavit of
service by mailing, such license shall be revoked. A hearing upon
the revocation of the license shall be granted the licensee if said
licensee shall request such a hearing as hereinafter provided.
In the event of the revocation of licenses pursuant to the provisions of §
112-11 hereof or in the event of the denial of a license to any applicant by the Clerk or the refusal of the Chief of Police to countersign a license, the applicant may request a hearing within a period of 30 days after such revocation, refusal or denial. Such request shall be in writing and shall be made to the Village Board of the Village of Warsaw and filed with the Village Clerk within the period provided herein. The Village Board shall hear such applicant's request for a review of the determination of the Village Clerk or the Chief of Police at the next regularly scheduled meeting of said Village Board following the filing of the application for review with the Village Clerk. The Village Board may grant a license to the applicant if it should determine that the refusal on the part of the Clerk or Chief of Police was arbitrary or otherwise in error. If the Village Board, after such hearing, shall determine that the decision of the Village Clerk or Chief of Police was not arbitrary and was justified under the circumstances, the Board shall refuse such license. The decision on any hearing shall be rendered by the Village Board, in writing, within 45 days after the hearing thereof and shall be entered in the minutes of the Village Board.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment.