[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 1-12-1959 as Section 1 and the ninth paragraph of Section 2 of Chapter
VII of the Ordinances of the Village of Lancaster (Ch. 116 of the
1976 Code). Amendments noted where applicable.]
[Amended 6-23-2014 by L.L. No. 3-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of orders for goods, wares or merchandise, including
subscriptions for magazines, or other printed matter, the obtaining
of contracts for home and building devices, repairs and improvement
and the securing of contributions to various causes and organizations,
from house to house, or upon any street or sidewalk in the Village
of Lancaster.
[Amended 6-23-2014 by L.L. No. 3-2014]
Within the corporate limits of the Village of Lancaster, it
shall be unlawful for any person, association, partnership, firm,
or corporation to peddle, canvass or solicit as herein defined without
first having obtained and paid for and having in full force and effect
a license issued by the Lancaster Village Clerk.
[Amended 6-29-1976 by L.L. No. 11-1976; 6-23-2014 by L.L. No.
3-2014]
A.
Any person desiring to engage in peddling, canvassing or soliciting as herein defined shall submit a written application to the Village Clerk on a form to be furnished by the Village Clerk, accompanied by a valid driver's license, passport or other verifiable photo identification. The application shall be accompanied by an application fee in the amount set forth within Chapter 144 of the Village Code.
B.
The applicant shall state the applicant's name, age, sex, social
security number, home address, business address, name and address
of employer, if any, what the applicant desires to canvass, peddle
or solicit, the length of time the applicant wishes to engage in this
work and the make and type of vehicle, if any, the applicant will
use, its registration number, whether the applicant has ever been
convicted of a felony or misdemeanor, and if so, as to each conviction
the date of conviction, nature of offense and name and address of
the court whereat such conviction occurred.
C.
The Village Clerk shall issue to the applicant a license within seven
days from the date of filing of the application with application fee
unless the application is rejected by the Village Clerk for good cause.
No license shall be refused except for a specific reason and for the
protection of the public safety, health, morals or general welfare.
D.
Any applicant who has been refused a license by the Village Clerk
may appeal to the Village Board of Trustees and the same appeal may
be granted or refused by the Board of Trustees.
E.
No license issued under this chapter shall be transferable from one
person to another.
F.
All licenses issued here under shall indicate the date upon which
it was issued and shall be limited in duration to two months following
the date of issuance.
[Amended 6-29-1976 by L.L. No. 11-1976; 6-23-2014 by L.L. No.
3-2014]
Every person engaged in peddling, canvassing or soliciting within
the confines of the Village of Lancaster shall, in the conduct of
his or her activities, comply with the following standards of conduct:
A.
Such person shall conduct himself at all times in an orderly and
lawful manner.
B.
Such person shall not enter onto enter property if the premises is
posted with a sign bearing the words "No Peddlers," "No Solicitors"
or words of similar import.
C.
Such person shall carry his or her license at all times and exhibit
it upon request to any police officer, the Village of Lancaster Code
Enforcement Officer or to any person on whom such person shall call
or with whom such person shall talk in the course of peddling, canvasing
or soliciting.
D.
Such person shall not permit any person to have possession of his
or her license and shall immediately report its loss in writing to
the Village Clerk. Such person shall not cause or permit his or her
license to be altered or defaced in any way.
E.
Such person shall not engage in peddling, canvassing and soliciting
before 8:30 a.m. nor after dusk.
F.
Such person shall not enter or attempt to enter any dwelling without
the invitation or permission of the occupant and shall immediately
leave any premises upon the request of the occupant.
G.
Such person shall not be guilty of any false pretense or misrepresentation,
and particularly, he shall not represent his license to be an endorsement
of himself or his goods or services or of the goods or services of
his employer by the Village.
H.
Such person shall give a written receipt for all orders taken within
the Village where a down payment is received, which receipt shall
be signed by the solicitor and shall set forth a brief description
of the goods, wares, merchandise or services ordered, the total purchase
price thereof and the amount of down payment received by the solicitor
from the purchaser.
I.
Such person shall immediately surrender his license to the Village
upon revocation thereof.
The Mayor may in his discretion issue licenses free of charge
to indigent persons for peddling, from handcarts, baskets or other
receptacles, small articles of merchandise other than fruit farm or
garden products upon the public streets and grounds of the Village,
but no more than one such license shall be issued to one person.
The provision of this chapter shall not apply to the hawking
or peddling of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities.
A.
The provisions of this chapter shall not apply to hawking or peddling
by an honorably discharged soldier, sailor or marine who is crippled
as a result of injuries received while in the naval or military service
of the United States or to the holder of a license granted pursuant
to § 32 of the General Business Law of the State of New
York.
B.
The provisions of this chapter shall not apply to officials or employees
of a city, town, county, Village, state or federal government nor
to members of accredited fund-raising organizations nor to persons
otherwise lawfully circulating petitions regarding a public issue.
[Added 7-13-1970]
