This chapter shall be known and may be cited as the "Peddling, Vending and Soliciting Law of the Village of Celoron," Chapter
143.
This chapter is enacted for the purpose of regulating itinerant
merchandising and soliciting in order that peace, health, safety,
welfare and good order of the Village and its inhabitants shall not
be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
he peddles, vends or solicits 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.
PEDDLER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or who solicits contributions of goods or monies by going
from house to house or from place of business or in any public street
or public place or by temporarily occupying room, building or other
premises therefor.
PERSONS
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
TEMPORARY OCCUPANCY
Store, room, building, tent, enclosure or structure of any
kind intended to be occupied for the period of time necessary to peddle,
vend or solicit the merchandise or products therein housed initially,
without the intent to replenish or restock such goods, ware and merchandise
sold therein. In all prosecutions for 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 proving such intent shall
be upon the defendant in such prosecution.
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a peddler, vendor or solicitor, as herein
defined, without first having obtained and paid for, and having in
force and effect, a license therefor.
[Amended 12-9-2013 by L.L. No. 4-2013]
Upon receipt of the application and of the license fee and if
reasonable 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 the
continuous possession of the licensee while engaged in the business
licensed. The license shall be produced upon the demand of any Village
official, prospective buyer, police officer or sheriff.
[Amended 12-9-2013 by L.L. No. 4-2013]
The fees for all licenses are found in Chapter
98, Fees, of the Code of the Village of Celoron. All fees are nonrefundable.
A licensed peddler, vendor or solicitor shall:
A. Not willfully misstate the quantity or quality of any article offered
for sale.
B. Not willfully offer for sale any article of an unwholesome or defective
nature.
C. Not call attention to his goods by blowing a horn, by ringing a bell
other than a house doorbell, by shouting or crying out or by any loud
or unusual noise.
D. Not frequent any street in an exclusive nature so as to cause a private
or public nuisance.
E. Keep the vehicle and/or receptacles used by him in the furtherance
of his licensed business in a sound, clean and sanitary condition.
F. Keep his edible articles offered for sale well protected from dirt,
dust and insects.
G. 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, nor in front
of any premises for any time if the owner or the lessee of the ground
objects.
H. Not sell 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.
Any person aggrieved by the action of the Village Clerk in the
denial of an application for a license, as provided in this chapter,
or in the decision of the Village Clerk with reference to the revocation
of a license, as provided in this chapter, shall have the right to
appeal to the Village Board of the Village of Celoron. Such appeal
shall be taken by filing, within 14 days after notice of the action
complained of has been mailed to such person's last known address,
a written statement setting forth fully the grounds for the appeal.
The Village Board shall set a time and place for a hearing on such
appeal, and notice of such hearing shall be mailed to the applicant
at his last known address at least five days prior to the date set
for the hearing. The decision and order of the Village Board on such
appeal shall be final and conclusive.
Any person who shall act as a peddler, vendor or solicitor,
as herein defined, without a license or who shall violate any of the
provisions of this chapter or who shall continue to act as peddler,
vendor or solicitor subsequent to the revocation of his license shall
be punishable by a maximum fine of $250 or by imprisonment for not
more than 15 days, or both. In addition, such person shall incur a
civil penalty of $50 for each day on which violation continues.