As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint stock companies, societies
and all other entities of any kind capable of being sued.
SOLICITOR
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take orders for goods, wares or merchandise, except newspapers or
milk, or for services to be performed in the future or for the making,
manufacturing or repairing of any article or thing whatsoever for
future delivery.
VENDOR, HAWKER, PEDDLER
Except as hereinabove expressly provided, any person, either
principal or agent, who, from any vehicle or on any public street
or public place or by going from house to house or place of business
to place of business on foot or on or from any animal or vehicle,
sells or barters, offers for sale or barter or carries or exposes
for sale or barter any goods, wares or merchandise, except milk and
newspapers.
It shall be unlawful for any person within the corporate limits
of the Village of Whitesboro to act as a vendor, hawker, peddler or
solicitor, as herein defined, without first having obtained and paid
for and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided
shall file with the Village Clerk, at least 48 hours prior to issuance
of license, a written application upon a form furnished by the Village
Clerk and shall file at the same time satisfactory proof of good character.
Such application shall give the number and kind of vehicle to be used
by the applicant in carrying on the business for which the license
is desired; the kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform; the method of distribution;
the name, address and age of the applicant; the name and address of
the person, firm or corporation he represents; the length of time
the applicant desires the license; and such other information as may
be required by the Village Clerk. Such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
Upon the filing of the application and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in §
198-3, signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter. 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, 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 its recovery. All licenses shall be issued in a form approved by resolution of the Board of Trustees. Such licenses shall automatically expire on January 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 18 years of age. No applicant to whom a license has been refused or who has a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The license fee shall be $50 per annum, and if the licensee
shall have more than one person to whom or vehicle for which he desires
a license issued, there shall be an additional fee of $25 for each
license so issued.
The Village Clerk may, at any time, for a violation of this
chapter or any other law, revoke any license. When a license shall
be revoked, no refund of any unearned portion of the license fee shall
be made. Notice of such revocation and the reason or reasons therefor
in writing shall be served by the Village Clerk upon the person named
in the application or by mailing the same to the address given in
the application.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, made in duplicate, stating the terms thereof and the
amount paid in advance, and one copy shall be given to the purchaser
at the time the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of
all applications and of all licenses granted under the provisions
of this chapter, giving the number and date of each license fee paid
and the date of revocation of all licenses revoked.
Any person who, himself or by his Clerk, agent or employee, shall act as a vendor, hawker, peddler or solicitor, as herein defined, without license, or shall violate any of the provisions of this chapter, or, having had his license revoked, shall continue to act as a vendor, hawker, peddler or solicitor, shall, upon conviction, be punishable as provided in §
1-11 of Chapter
1, General Provisions.
All fees, collections and fines collected by the Village Clerk
shall be deposited to the credit of the general Village fund, and
collections and deposits shall be so reported at the first regular
Board meeting of the Village Board of Trustees after such collections
and deposits.