[HISTORY: Adopted by the Board of Trustees of the Village
of Warsaw at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 102.
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:
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.
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.
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.
Any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
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.
A.
The provisions of this chapter shall not apply to the following:
(1)
Dealers, merchants, tradesmen or members of a profession having an
established office or place of business within the village.
(2)
Any person serving an established customer or soliciting at the express
invitation of the person solicited.
(3)
A wholesaler selling articles to dealers or merchants within the
village.
(4)
A village resident who is a truck gardener or farmer or, through
his or her employees, vends, sells or disposes products of his or
her own farm or garden.
(5)
A child regularly attending any public or parochial or private school
located within the Village of Warsaw, or a representative of any established
church maintaining a place of worship within the village, or a member
of a veterans' organization, provided that such organization
has and maintains a chapter, post, lodge, camp or other group within
the Village of Warsaw or a member of a fraternal organization or civic
group, provided that such fraternal organization or civic group maintains
a chapter or local organization within the Village of Warsaw and further
provided that any persons coming within the provisions of the exemption
shall only peddle in connection with an authorized activity of the
organization of which they are a member or of the school which they
attend.
(6)
Auction sales held pursuant to law by a sheriff or other officer
authorized by law to conduct such sale or auction held by a licensed
auctioneer for a private individual or for an established business
or organization permanently doing business or operating in the Village
of Warsaw.
B.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
C.
This chapter shall not apply to persons holding New York State veterans'
licenses for peddling and soliciting as provided by the laws of the
State of New York, provided that such persons are duly licensed by
the State of New York under such acts and laws applicable thereto.
A.
Every applicant for a license is required to submit to the Village
Clerk a written application supplying, under oath, the following information:
(1)
The name of the applicant.
(2)
Permanent home residence.
(3)
The name and address of the firm represented, if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares or commodities to be offered for
sale, together with a true invoice of amount, quality and value.
(6)
The number of arrests or convictions for crime and the nature thereof.
B.
The application must be appended by a letter of authorization from
the firm which the applicant purports to represent.
C.
Every applicant for a peddling license issued pursuant to this chapter
shall submit a photograph ID card that has been taken within the past
year. The ID card is to have the applicant's full name and date
of birth. The photograph shall be two inches by two inches, taken
within 30 days of the date of the application for such license. Such
photograph shall show the head, full face and shoulders of the applicant
and shall be submitted in triplicate. One copy of the photograph shall
be attached to the license application, one copy of the photograph
to the license and the third shall be delivered to the Chief of Police
of the Village of Warsaw.
D.
Each applicant for a peddling license shall have a fingerprint impression
of the fingers and thumbs on both hands taken by the Police Department
of the Village of Warsaw, and the photograph delivered to the Chief
of Police shall be attached to the fingerprint identification card
and shall remain on file in the Village of Warsaw Police headquarters.
E.
All applicants and their employees are subject to personal background
search, conducted by the Warsaw Police Department. A records search
will include any past or outstanding misdemeanor or felony charges
by any law enforcement agency.
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.
A.
The Village Clerk shall keep a record of the application and the
determination thereon and 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 and the date of revocation of all licenses revoked.
B.
All licenses hereunder shall expire one year from the date of issuance,
except that a license issued for a shorter period than one year shall
expire at the expiration of the period for which it is issued.
The license fees for all licenses hereunder are hereby fixed
as follows: $100 a year or $25 per day.
A.
A licensed peddler shall:
(1)
Not willfully misstate the quantity or quality of any article or
service offered for sale.
(2)
Not willfully offer for sale any article of an unwholesome or defective
nature.
(3)
Not call attention to his goods by blowing a horn, by ringing a bell
other than a house doorbell, by shouting or crying or by making a
loud, unusual noise.
(4)
Provide adequate off-street parking.
(5)
Not frequent any street in such a manner as to create a private or
public nuisance or breach of the peace.
(6)
Keep the vehicle and/or receptacles used by him in the furtherance
of his licensed business in a sound, clean and sanitary condition.
(7)
Keep his edible articles offered for sale well protected from dirt,
dust and insects.
B.
A licensed peddler or solicitor shall:
(1)
Not stand or permit the vehicle used by him to stand in one place
in any publicway or street for more than 10 minutes or in front of
any premises for any time if the owner or the lessee of the grounds
objects.
(2)
Not sell confectionary 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.
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.
