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Village of Baldwinsville, NY
Onondaga County
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Table of Contents
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This chapter shall be known as the "Peddling, Vending and Soliciting Law of the Village of Baldwinsville."
The purpose of this article is to assist the government of the Village of Baldwinsville in the management of its business and to keep the peace, public health, safety and moral welfare of the Village and its inhabitants protected and for the protection and security of their property.
As used in this article, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building, store or depository in which or where a person transacts business and deals in the goods, wares and merchandise he peddles, vends or solicits in the ordinary and regular course of business.
PEDDLER AND VENDOR
Includes, except as hereinafter expressly provided, any person, either principal or agent, who engages in merchandising or order-taking for any goods, wares, commodities, books, periodicals, magazines (except, milk, newspapers and food distributed on regular customer routes) or services and/or solicits the contributions of goods or moneys 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 or on foot or on any vehicles standing on any street or highway, sells or barters, offers for sale or carries or exposes for sale or barter any goods, wares or merchandise.
PERSON or PERSONS
Includes any individual, firm, partnership, corporation, unincorporated association, joint-stock company, society and all entities of any kind capable of being sued, including any and all principals and agents thereof.
SOLICITOR
Any person that goes from place to place or house to house or by telephone or stands in any street or public place requesting contributions or taking or offering to take orders for goods, wares, books, magazines, periodicals or any other items of value, except newspapers, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall, however, also mean and include any person taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other items of value (except milk, newspapers and food distributed on regular customer routes) 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.
VILLAGE BOARD
The Village Board of the Village of Baldwinsville.
VILLAGE CLERK
The Village Clerk of the Village of Baldwinsville.
It shall be unlawful for any person within the corporate limits of the Village of Baldwinsville to act as a peddler, solicitor or similar vendor of goods, wares or merchandise, by whatever term, without first having obtained and paid for and having in force and effect a license therefor as provided for in this article.
The following persons are exempt from the licensing provisions of this article, but are subject to all remaining provisions; however, all such persons must file a notification with the Village Clerk in a form provided by the Village Clerk before commencing any soliciting, and a license will be issued to such person without a fee:
A. 
Any honorably discharged member of the United States Armed Forces disabled as a result of injuries received while in the military service of the United States or any other person who has procured a license pursuant to § 32 of the General Business Law of the State of New York.
B. 
Any person acting as a dealer in milk, bakery products, heating-fuel oil and local newspapers.
C. 
Any person producing meats, fish, fruits or farm produce and employees thereof.
D. 
Any person under the age of 18 years.
E. 
Any person soliciting or collecting for any bona fide registered charitable organization registered or exempted pursuant to Executive Law §§ 172 and 172-a.
F. 
Any registered student who is soliciting in connection with a school-approved activity.
G. 
Any person acting under this article pursuant to a statute or court order.
H. 
Any person or organization who the Village Board determines, for good cause shown, warrants an exemption under this section.
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 setting forth the following:
A. 
Applicant's and employee's names.
B. 
Applicant's and employee's dates of birth.
C. 
Applicant's and employee's social security numbers.
D. 
Applicant's and employee's addresses and telephone numbers.
E. 
Applicant's and employee's physical descriptions.
F. 
The names and addresses of the persons, firms or corporations the application represents.
G. 
The length of time the applicant desires to be licensed.
H. 
The make, model and registration number of any and all vehicles to be used by the applicant in carrying on the business for which a license is required.
I. 
A statement of the particular business, trade or organization for which a license is required.
J. 
The kind of goods, wares or merchandise to be sold or rendered.
K. 
The method of distribution and/or operation of said applicant.
L. 
The hours of operation.
M. 
Whether or not the applicant and/or any employee has been convicted of a misdemeanor or felony and, if so, give the date of conviction, nature of the offense, penalties imposed and name and address of the court.
N. 
Such other information as the Village Clerk or Village police may require.
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 cash deposit of $5,000 or a five-thousand-dollar surety company bond or other bond secured by sufficient collateral. Said bond must be approved by the Village Attorney as to form and must provide surety that said licensee shall make final delivery of goods, wares, merchandise or services to be performed in accordance with the terms of his customer's order or failing therein that the advance payment on such order must be refunded by the licensee. Any person aggrieved by action of any licensed solicitor shall have the right by action on the bond for recovery of money or damages, or both. The 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 90 days after the expiration of any license or until conditions of the licensed business transactions have been satisfied or unless sooner released by the Village Board.
Upon the filing of the application and bond as provided in the preceding sections, the Village Clerk shall refer that application to the Village Police Administrator, who shall investigate the applicant's business and moral character, and, upon consideration of the Police Administrator's recommendation, shall approve or disapprove the application. No license shall be issued by the Village Clerk until the Village Clerk and Police Administrator have had an opportunity to consider the applicant's qualifications and moral character. A license may be refused if the applicant has been convicted of a misdemeanor or felony which, in the judgment of the Village Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The Village Clerk may also refuse a license to any person who, in his judgment, shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought on the basis of whether the public health, safety, moral and general welfare of the Village will be protected and served by the granting of the license requested. If satisfied with the applicant's qualifications, moral character and background, the Village Clerk shall, upon the approval of such application, issue a license to the applicant specifying the particular business authorized, the location wherein it may be operated and such other information as herein provided. 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 one year has elapsed since the last previous rejection and/or revocation, unless such applicant can show the reason for such rejection no longer exists and the Village Clerk is satisfied that said reason no longer exists.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Village Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for the recovery of the license.
A license shall not be assignable. Any holder of any 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 violating this article.
Such license shall be for such term as specified by the Village Clerk, but in no event shall expire later than 12 months subsequent to the date the license is issued.
Any licensee and/or employee while exercising his licensing shall carry his license with him and shall exhibit the same upon demand of a prospective customer and/or any Village official, police or peace officer.
All licenses shall state clearly the kind of vehicle, goods, wares and merchandise to be sold or service to be rendered, the license number, the location wherein it may be conducted, the date of the issuance and expiration of the license, the fee paid and the name and address of the licensee and all of his employees.
Any applicant that has been refused a license by the Village Clerk may apply to the Village Board therefor, and said application shall then be granted or refused by the Village Board after a public hearing, at which the applicant is given an opportunity to be heard and wherein the Board shall determine whether the applicant is an undesirable person or is incapable of properly conducting the trade or business for which a license is sought. Said appeal must be taken within 30 days of notification of rejection of application issued by the Village Clerk.
It shall be the duty of the Village Clerk to keep a record of all applications and all licenses granted under the provisions of this article, giving the number and the date of each license, the name and residence of the person licensed, the nature of the business or service licensed, the amount of the license fee paid, the date of the expiration or revocation of said license and the reason for denial of any license application.
A license fee for each person licensed as a peddler or solicitor shall be as set by resolution of the Board of Trustees.
A license issued pursuant to this article may be revoked by the Village Board after a public hearing, at which the licensee is given an opportunity to be heard and the Board shall make a determination whether the licensee is an undesirable person or incapable of properly conducting the trade or business for which a license is sought or that the licensee has knowingly made a false statement in his application. Said license may be temporarily suspended for good cause by the Village Clerk or the Police Administrator pending the public hearing.
A. 
A licensed peddler, vender or solicitor shall:
(1) 
Not engage in such business at any time before the hour of 9:00 a.m. and after the hour of 8:30 p.m. of any day.
(2) 
Not sell any confectionary or ice cream within 500 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
(3) 
Not falsely or fraudulently misrepresent the quality or quantity of the article offered for sale, nor offer any unwholesome, tainted or diseased provisions or merchandise.
(4) 
Keep the vehicle and receptacle used by him in a sanitary condition and the food and edibles offered for sale well covered, refrigerated if necessary and protected from dirt and insects.
(5) 
Not blow a horn, ring a loud bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
(6) 
Not permit any vehicle used by him to stop or remain at any crosswalk.
(7) 
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street for the purpose of selling or exposing for sale any goods, wares or merchandise.
B. 
Any and all of the above restrictions, except those in Subsection A(3) and (4), herein, may be waived by the Village Board for good cause shown. The Village Board is empowered to waive all licensing requirements for community groups upon application to the Board and subject to the Board's approval.
The provisions of this article shall not apply so as to unlawfully interfere with interstate commerce or to be in restraint of trade.
A. 
Any resident of the Village who wishes to exclude peddlers, solicitors and vendors from premises occupied by him may place upon or near the usual entrance to such premises a printed placard or sign bearing substantially the following notice: "Peddlers and Solicitors Prohibited."
B. 
No peddler, solicitor or vendor shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained without the consent of an occupant of said premises being previously given.
Any person who, by himself or by his Clerk or employee, shall act as a peddler, vendor 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 peddler or solicitor shall, upon conviction, be punished by a fine of not more than $250 and/or imprisonment of not more than one year.