[Adopted 10-4-1940]
As used in this article the following terms shall have the meanings
indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, by going door to door, from house
to house, or from place of business to place of business, sells or
barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares, or merchandise, except milk and newspaper.
[Amended 11-18-2013 by L.L. No. 7-2013]
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Includes any person who goes from door to door, place to
place or house to house taking or offering to take any orders for
goods, wares, or merchandise, except newspapers 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.
[Amended 11-18-2013 by L.L. No. 7-2013]
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 farmers and truck gardeners who themselves or through their employees
vend, sell or dispose of products of their own farms and gardens;
to the peddling of milk and cream; to any honorably discharged soldier,
sailor or marine who has procured a license as provided by the General
Business Law of the State of New York; or to merchants having an established
place of business within the Village for soliciting orders from customers
and delivering the same. This article shall also not apply so as to
unlawfully interfere with interstate commerce.
It shall be unlawful for any person within the corporate limits
of the Village of Bath, New York, 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.
A.
Any person desiring to procure a license as herein provided shall
file with the Village Clerk a written application upon a blank form
prepared by the Village Clerk and furnished by the Village and shall
file at the same time satisfactory proof of good character. Such application
shall give the number and kind of vehicles to be used by the applicant
in carrying on the business for which the license is desired; the
kind of goods, wares and merchandise he desires to sell or the kind
of service he desires to perform; the method of distribution; the
name, address and age of the applicant; the name and address of the
person, firm or corporation he represents; the length of time the
applicant desires the license; and such other information as may be
required by the Village Clerk.
B.
An application for a license as a solicitor who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a bond to the Village of Bath, approved
as to form and surety by the Village Attorney, in the penal sum of
$1,000, with a sufficient surety or sureties or sufficient collateral
security conditioned for making a final delivery of 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
for such order is refunded. Any person aggrieved by the action of
any licensed solicitor shall have the right of action on the bond
for the recovery of money or damages, or both. Such bond shall remain
in full force and effect, and in the case of a cash deposit, such
deposit shall be retained by the Village of Bath for the period of
90 days after the expiration of any such license, unless sooner released
by the Village Clerk.
[Amended 11-18-2013 by L.L. No. 7-2013]
A.
Upon the filing of the application, bond and certificate 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 § 82-3, signed by the Village Clerk.
B.
Restrictions.
(1)
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 each be guilty of a
violation of this article.
(2)
Such license shall include the right to use only one vehicle in carrying
on the business for which the person is licensed.
(3)
No license shall be granted to a person under 21 years of age.
(4)
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 no longer exists.
(5)
Every licensee while exercising his license shall carry the license
with him and shall exhibit the same upon demand.
[Amended 11-18-2013 by L.L. No. 7-2013]
The license fee shall be the sum of $20 per day, which said
daily fee is hereby ordained and established therefor, and each such
license shall be issued as aforesaid by the Village Clerk to such
person, firm or corporation as he shall deem fit and proper for such
trade or occupation, but such license shall be refused for any of
the occupations above specified which shall, in the judgment of the
Village Clerk, be likely to disturb the peace and order of the Village.
Any applicant who shall have been refused such license by the Clerk
may apply to the Board of Trustees therefor at a meeting thereof,
and the same may be granted or refused by the Board.
The Village Clerk may, at any time for a violation of this article
or any other ordinance or any law, revoke any license. Notice of such
revocation and the reason or reasons therefor shall be served, in
writing, by the Village Clerk upon the person named in the application
or by mailing the same to the address given in the application.
[Amended 4-30-1979 by L.L. No. 14-1979]
A.
Any person committing an offense against any provision of this article
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. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided penalties,
the Board of Trustees may also maintain an action or proceeding in
the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
article.
