[HISTORY: Adopted by the Board of Trustees of the Village
of Angola 12-8-2014 by L.L. No. 1-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 141.
Noise — See Ch. 150.
Streets and public places — See Ch. 193.
[1]
Editor's Note: This local law also repealed former Ch.
163, Peddling and Soliciting, adopted as Ch. 17 of the 1974 Code,
as amended.
The purpose of this chapter shall be to improve and promote
the health, safety and general welfare of the community, and the preservation
and protection of the property of the Village of Angola and its inhabitants,
by declaring and enforcing certain regulations and restrictions pertaining
to peddling and soliciting.
For the purpose of this chapter, the terms used herein are defined
as follows:
Any person who engages in the business of selling or attempting
to sell, or soliciting orders for the sale of, any property or any
services by going from house to house, place of business to place
of business or in any public street or public place.
Any individual, firm, partnership, corporation, unincorporated
association and any principal or agent thereof.
The hawking, peddling and soliciting of orders for the sale
of any personal property or any services within the Village of Angola
without having obtained a license therefor from the Village Clerk
of the Village is prohibited. The cost of such license shall be established
by resolution of the Village Board.
A.
This chapter shall not apply to:
(1)
Veterans. Every honorably discharged member of the Armed Forces of
the United States who is a resident of this state and a veteran of
any war or who shall have served overseas and his or her surviving
spouse shall have the right to hawk, peddle, vend and solicit in the
Village of Angola if such a veteran has resided in Erie County for
a period of at least six months. Such veteran shall be licensed without
fee but with the information required on said license in accordance
with Article 4, § 32, of the General Business Law of the
State of New York.
(2)
The holder of a license granted pursuant to the General Business
Law of the State of New York.
(3)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Village.
(4)
A truck gardener or farmer who himself or through his employees sells
products of his own farm or garden.
(5)
A child regularly attending any public or parochial or private school
within the County of Erie or a representative of any church maintaining
a place of worship within the County of Erie or a member of a veterans
organization, provided that such organization maintains a chapter,
post, lodge, camp or other group within the County of Erie, or a member
of a fraternal organization, any firemanic organization or a civic
group, provided that such fraternal organization, firemanic organization
or civic group maintains a chapter or local organization within the
County of Erie, and further provided that any person within the provisions
of this exemption shall hawk, peddle or solicit only as part of an
authorized activity of the organization of which he is a member or
of the school or church which he attends, and further provided that
no person exempted by this subsection receives any compensation for
any such activity here exempted.
(6)
Any person selling goods, wares, commodities or services regularly
to those who are his established customers, patrons or purchasers.
B.
All persons and organizations soliciting funds solely for charitable
or other purposes who are excepted from the license requirements under
this chapter shall maintain and keep records identifying all persons
soliciting funds within the Village, and such records shall contain
at least the name and the address of the person soliciting, the area
solicited and the date or dates of solicitation. Said records shall
be made available for inspection by the Chief of Police of the Town
of Evans upon request.
A.
Every applicant for a license shall submit to the Village Clerk a
written verified application containing the following information:
name and age of the applicant; permanent home residence and the address
of this current place of sojourn if different from his home address;
name and address of all entities whose products he intends to sell
or for which he intends to solicit orders; an itemized statement of
all property or services to be sold or offered for sale; all municipalities
(name and state) in which the applicant has carried on the business
of hawking, selling or soliciting orders during the six months immediately
preceding the application; a statement of the name, address and telephone
number of any person and of any corporation supervising the applicant's
local selling activities under contractual or employment arrangement;
and copies of all forms or orders and of receipts used by the applicant
in soliciting sales or orders. To the application must be appended
a letter or authorization from each entity supplying any property
or services to be sold or for which orders are to be solicited by
the applicant.
B.
Every applicant shall submit, in triplicate, a photograph two by
two inches, taken within 30 days of the date of the application for
such license; such photograph shall show the head, full face and shoulders
of the applicant. One copy of the photograph shall be attached to
the license application, one copy of the photograph to the license,
and the third shall be delivered to the Chief of Police of the Town
of Evans.
C.
Each applicant for a license shall have a fingerprint impression
of the fingers and thumbs on both hands taken by L1 Enrollment or
by a vendor chosen by New York State.
D.
The police officer designated by the Police Chief to order and review
criminal records ("Criminal Records Officer") may cause the fingerprints
of any applicant for a peddling or soliciting permit and any applicable
fee to be forwarded to the Division of Criminal Justice Services (DCJS)
in the form and manner as prescribed by DCJS for a complete criminal
background investigation upon receipt of the appropriate fee from
the applicant.
E.
The Criminal Records Officer shall review the criminal history record
information (CHRI) disseminated by DCJS in connection with the applicant's
criminal background investigation.
F.
The Village Clerk shall not issue a license unless and until the
applicant shall furnish satisfactory proof of compliance with the
provisions hereof relating to fingerprint identification and until
completion of an investigation by the Village Clerk and payment of
the fee established for the same. On all applications for renewal
(which must be submitted before expiration of a license), the applicant
need only submit the photograph required hereunder to the Village
Clerk, unless said Chief of Police shall request a new fingerprint
identification.
Upon receipt of the application and upon compliance with all
of the requirements of this chapter, the Village Clerk shall issue
a license to the applicant specifying the particular business authorized.
This license shall be nontransferable. It 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 police or law
enforcement officer and shall be exhibited to each prospective buyer
or person solicited before making any offer or solicitation.
Every solicitor or peddler shall, at all times, while engaged
in soliciting and peddling within the Village, carry the permit upon
his person and shall exhibit the same upon request to all persons
solicited or to any police officer within the Village. No solicitor
or peddler shall engage in selling or offering for sale, or in seeking
or taking orders or contracts for, any goods, wares, merchandise,
article, device or subscription, nor shall any person use any vehicle
for soliciting or peddling other than the vehicle registered upon
his license.
A.
A licensed person shall:
(1)
Not willfully misstate any fact about any article offered for sale.
(2)
Not willfully offer for sale any article of an unwholesome or defective
nature.
(3)
Not call attention to his goods by blowing a horn, by ringing a bell
other than a house doorbell, by shouting or crying or by any loud
or unusual noise, except that peddlers of ice cream and ice cream
products for immediate consumption arc exempted from the foregoing
prohibition of the use of a bell.
(4)
Not frequent any street so as to cause a private or public nuisance.
(5)
Keep any vehicle or receptacle used by him in his licensed business
in a sound, clean and sanitary condition.
(6)
Keep any edible articles offered for sale well protected from dirt,
dust and insects.
(7)
Deliver to every person to whom a sale is made, or from whom an order
is taken, a legible written receipt, signed and dated by the licensee,
setting out the total price, a description of the goods or services
sold or ordered and a statement of any payment received by the licensee.
(8)
Not enter upon any residential premises clearly displaying a sign
with letters at least one inch in height reading "Peddlers and Solicitors
Prohibited."
(9)
Not sell or solicit except between the hours of 9:00 a.m. and 8:00
p.m. on weekdays and not on Sundays, except that this subsection shall
not be applicable to peddlers of ice cream and ice cream products
for immediate consumption and for peddlers selling at any event celebrating
Independence Day.
(10)
Leave all premises promptly upon request of any occupant of
such premises.
B.
No license may be issued to any person under 18 years of age.
Each solicitor or peddler shall be issued a permit unless he
shall have been convicted of a crime involving moral turpitude, or
engaged in a business not permitted by law. This permit shall be valid
all days between the hours of 9:00 a.m. and 8:00 p.m., except Sundays,
from the date of issuance for a period of 90 days thereafter, which
permit shall not be transferable, but shall be revocable in the event
of any violation of the terms and conditions thereof.
In the event of the denial of a license to any applicant by
the Village Clerk, the applicant may request a hearing within a period
of 30 days after such refusal or denial. Such request shall be in
writing and shall be made to the Village Board and filed with the
Village Clerk within the period provided herein. The Village Board
shall hear such applicant's request for a review of the determination
of the Village Clerk at its next regularly scheduled meeting following
the filing of the application for review with the Village Clerk. The
Village Board may grant a license to the applicant if it should determine
that the refusal on the part of the Village Clerk was arbitrary or
erroneous. If the Village Board, after such hearing, shall determine
that the decision of the Village Clerk was justified under the circumstances,
the Board shall refuse such license. The decision on any such application
shall be rendered by the Village Board in writing within 30 days after
the hearing thereof and shall be entered in the minutes of the Village
Board.
Any act or omission prohibited by this chapter shall be a violation,
punishable by a maximum fine of $250 or by imprisonment for not more
than 15 days, or both.
In their interpretation and application, the provisions of this
chapter shall be considered to be minimum requirements to promote
and protect the public health, safety, comfort, convenience, prosperity
and other aspects of general welfare. Whenever any provision of this
chapter is in conflict with any other provision hereof or any other
statute, local ordinance or regulation covering any of the same subject
matter, the most restrictive or the one imposing the highest standard
shall govern.
