[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-26-1936 (Ch. 22 of the 1977 Code)]
The distribution and peddling of handbills, pamphlets, tracts
and other like matter in the streets and by going from house to house,
and the distribution of bills and other advertising matter in any
manner whatsoever, is hereby prohibited unless a license therefor
has been issued by the Mayor or Clerk of the Village, for which license
an annual fee as set from time to time by the Village Board of Trustees
shall be charged. A license permitting the licensee to distribute
on any particular day may be obtained by the payment of a fee as set
from time to time by the Village Board of Trustees for each day or
part thereof that such distribution or peddling is intended to take
place.
Any person violating this article shall pay a fine of $25 for
each offense, and, in addition, a violation of any provision thereof
shall constitute disorderly conduct and the person violating the same
shall be deemed a disorderly person.
[Adopted 9-25-1963 (Ch. 24 of the 1977 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A building or store in which the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during business hours.
Except as hereinafter expressly provided, any person, either
as principal or agent, who in 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 animal or vehicle standing in a street or
highway, sells or barters, offers for sale or barter or carries or
exposes for sale or barter any goods, wares or merchandise, except
as hereinafter exempted.
One or more persons of either sex, natural persons, corporation,
partnerships, association, joint-stock companies, societies and all
other entities of any kind capable of being sued.
Any person who goes from place to place or house to house
or who stands in any street or public place, taking or offering to
take orders for goods, wares or merchandise, except as hereinafter
exempted, or for services to be performed in the future, or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
Nothing in this article shall be held to apply to any sales
conducted pursuant to statute or by order of any court; to any person
selling personal property at wholesale to dealers in such articles;
to merchants having an established place of business within the Village
of Hillburn or their employees; or to the peddling of meats, fish,
fruit and similar produce by farmers and persons who produce such
commodities; or to dealers in heating oil and daily newspapers; to
any honorably discharged member of the armed forces of the United
States who had procured a license as provided by the General Business
Law of the State of New York; or to persons soliciting or collecting
for any bona fide charitable organization. This article shall also
not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person, within the territorial
limits of the Village of Hillburn, to act as a hawker, peddler or
solicitor, as herein defined, without first having obtained and paid
for and having in force and effect a license therefor.
Every applicant for a license as herein provided shall submit
to the Village Clerk a written application under affidavit, setting
forth the following information, to wit:
A.
That he is a citizen of the United States.
B.
That he has never been convicted of a felony or misdemeanor (or if
so, giving the details).
C.
A detailed statement of the particular business, trade or occupation
for which the license is requested.
D.
The number and kind of vehicles, if any, to be used by the applicant
in carrying on the business for which the license is requested.
E.
The kind of goods, wares and merchandise he desires to sell or the
kind of service he desires to render.
F.
The name, address and age of the applicant; the name and address
of the person, firm or corporation he represents; the names and addresses
of all partners, if a partnership, and the names and addresses of
the principal officers, if a corporation, and the name and address
of a person upon whom a legal notice may be served.
G.
Such other information as may be required by the Village Clerk.
A.
Upon the filing of the application, as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 177-5, signed by the Village Clerk. Except as hereinafter provided, no licenses shall be refused except for a specific reason and for the protection of public safety, health, morals or general welfare.
B.
A license shall not be assignable. Any holder of such license who
permits it to be used by any other person, and any person who uses
such license granted to any other person, shall be guilty of a violation
of this article.
C.
Such license shall automatically expire on January following the
date of issuance of such license, but such license may provide for
an earlier expiration date.
D.
No license shall be granted to a person under 18 years of age.
E.
No applicant to whom a license has been refused or who has had a
license which has been revoked shall make further application until
a period of at least six months shall have elapsed since the last
previous rejection or revocation, unless he can show that the reason
for such rejection or revocation no longer exists.
F.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand to any police officer
or citizen.
The license fee to hawkers, peddlers or solicitors shall be
as set from time to time by the Village Board of Trustees.
Any licensee using a horse and wagon or motor vehicle may employ
not more than two persons to assist in selling and delivering the
wares, but such persons shall so act only while accompanying a licensed
peddler, hawker or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor
in or about his business shall have the name of the licensee and his
address plainly, distinctly and legibly painted in letters and figures
at least two inches in height in a conspicuous place on the outside
of each side of every such vehicle, and such name and address shall
be kept so painted plainly and distinctly at all times while such
vehicle is in use during the continuance of the license.
Upon the refusal of the Village Clerk to issue a license to
any applicant or upon the determination of the Village Board that
any license should be revoked, the procedure prescribed in Section
91 of the Village Law[1] shall be complied with. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason therefor in writing shall
be served by the Village Clerk upon the person named in the application
or by mailing the same to the address given in the application, and
a copy of such notice shall be filed with the Village Clerk.
[1]
Editor's Note: Reference is to a section of the prior Village
Code, which section was omitted from the new Village Law adopted in
1972.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well-covered
and protected from dirt, dust and insects.
C.
Not 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 any lessee of the premises
objects.
D.
Not sell any 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.
E.
Not permit any vehicle used by him to stop or remain on any crosswalk.
F.
Not create or maintain any booth or stand, or place any barrels,
boxes, crates or other obstructions, upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
G.
Not blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares, or shout or cry out his wares.
H.
Not solicit on Sundays or legal holidays or on any day before 9:00
a.m. prevailing time or one hour after sunset.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit of money is paid to the solicitor.
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 article, giving the number and date of each license, the name
and residence of the person licensed, the amount of the license fee
paid and also the date of revocation of all licenses revoked.
Any person who, himself or by his agent or employee, shall act
as a hawker, peddler or solicitor, as herein defined, without a license
or shall violate any of the provisions of this article or who, having
had his license revoked, shall continue to act as a hawker, peddler
or solicitor, shall, upon conviction, be punished by a fine of not
less than $5 nor more than $50, and each day on which such violation
continues shall constitute a separate offense.
