[HISTORY: Adopted by the Board of Trustees of the Village
of Celoron 1-26-1998 by L.L. No. 1-1998 (Ch. 32 of the 1966 Code). Amendments
noted where applicable.]
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:
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.
The selling, bartering or trading or offering to sell, barter
or trade any goods, wares, commodities or services.
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.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
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.
A.
The provisions of this chapter shall not apply to the following:
(1)
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
(2)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Village.
(3)
A truck gardener or farmer who himself or through his employees vends,
sells or disposes of products of his own farm or garden.
(4)
A child regularly attending any public or parochial or private school
located within the Village 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 Celoron, or a member of a fraternal organization or civic group
maintains a chapter or local organization with the Village of Celoron;
and further provided that any person coming within the provisions
of this exemption shall only peddle, vend or solicit in connection
with an authorized activity of the organization of which they are
a member or of the school which they attend.
(5)
Auction sales held pursuant to law by a sheriff or other officer
authorized by law to conduct such sale.
B.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
A.
Every applicant for a license is required to submit to the Village
Clerk a written application supplying, under oath, the following information:
[Amended 12-9-2013 by L.L. No. 4-2013]
(1)
The name of the applicant.
(2)
His 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, including
method and place of sale, together with a true invoice of their amount,
quality and value.
(6)
All felonies or misdemeanors with which the applicant has been charged
and the disposition of each such charge.
(7)
To the application must be appended a letter of authorization from
the firm which the applicant purports to represent.
(8)
Valid identification of all the applicants and employees, such as
driver's license or other photo identification.
B.
If the application has one or more employees who will work in the
Village, the same information must be supplied as to each employee.
[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.
A.
The Village Clerk shall keep a record of the application of the determinations
thereon and of all licenses in accordance with this chapter. The records
shall contain the name and residence of the person licenses, 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 on the first day of January following
the date of issuance thereof.
[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.
A.
Licenses issued under provisions of this chapter may be revoked by
the Village Clerk of the Village of Celoron after notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler, vendor or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or as to constitute
a menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at this last known address at least five
days prior to the date set for the hearing.
C.
The Village Clerk, upon receiving information giving him reasonable
cause to believe that the holder of any license issued hereunder has
violated any provisions of this chapter or has been convicted of any
violation referred to in this section or has been indicted or charged
with or for any crime or offense or has been convicted of any crime
or offense, may forthwith temporarily suspend such license until a
hearing is held by him, as provided herein, and the Village Clerk
shall have issued his determination thereon.
D.
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees if either he or any
one or more of his employees are determined to be in violation of
this chapter.
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.
