[HISTORY: Adopted by the Board of Trustees of the Village
of Boonville 12-29-1971 (Ch. 40
of the 1971 Code). Amendments noted where applicable.]
No person shall hawk, vend, peddle, solicit or offer for sale in or upon any street, park or other public place, or by going from house to house in the Village of Boonville any goods, wares or merchandise, and no person shall solicit from place to place, or house to house, or in any street or public place in said Village, orders for the sale of goods, wares, merchandise, periodicals or other commodities, or for service to be performed, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery, without a license therefor granted by the Village Clerk, in accordance with the provisions of this chapter, except as provided under §§ 278-11 and 278-12.
A.
Every applicant
for a license shall file with the Village Clerk of the Village of
Boonville a written application for such a license, stating his name
and residence; type of goods, wares and merchandise he desires to
peddle or sell; name and address of his employer, if any; a statement
of his true name and address if he is doing business under an assumed
business name; the name and address of every solicitor working with
or under him within the Village of Boonville; the license number and
name and address of the owner of any motor vehicle used in connection
with his activities under and pursuant to said license; and such applicant
shall present to the Village Clerk a certificate showing that any
weighing or measuring devices used by him have been duly tested and
certified by a qualified sealer of weights and measures. Upon the
granting of such a license, the applicant shall pay the required license
fees therefor. Any applicant for such license shall, upon request,
swear that the contents of such application are true before an officer
duly qualified to take oaths within the State of New York.
B.
Upon receipt
of such application, the Village Clerk shall refer same to the officer
in charge of the Police Department for an investigation of the applicant
as may be necessary for the protection of the public good, including
a check of the applicant's record of convictions of criminal law and
municipal ordinances. Within five days from receipt of the application,
the officer in charge of the Police Department shall return to the
Village Clerk a written recommendation as to whether or not a license
should be issued to the applicant and, if the recommendation is that
a license should not be issued to the applicant, the reason(s) therefor.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Village Clerk, upon receipt of the application in proper
form and the fees as herein provided, shall issue a license to the
applicant in the form to be provided, which license shall be exhibited
by the holder upon demand to any purchaser of goods, wares and merchandise
from said license holder. All licenses shall be numbered in the order
in which they are issued and shall contain the name and place of the
residence of the licensee and the date of issuance and the date of
expiration thereof. No licensee shall deface, remove, change or obliterate
any official entry made upon said license in any respect whatsoever,
and if such official license shall be defaced, obliterated or changed
in any respect, the licensee shall report same immediately to the
Village Clerk, who may, upon payment of a fee of $10, issue a replacement
license. Any license which shall be defaced, obliterated or changed
in any respect shall be deemed void. Willful violation of this section
shall subject the licensee to a fine of not more than $200.
A licensed huckster, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale, or offer for
sale any unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for
sale well-covered and protected from dirt, dust and insects.
C.
Not blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares, or shout or cry out his
wares.
D.
Stand or permit the vehicle used by him to stand in one
place, in any public place or street, for more than 10 minutes, or
in front of any premises for any time if the owner or lessee of the
ground floor thereof objects, or in any place if traffic is thereby
obstructed.
E.
Sell any confectionery, ice cream or other edibles within
250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m.
on school days.
F.
Create or maintain any booth or stand, or place any barrels,
boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
G.
Deposit or throw, or cause or permit to be deposited or
thrown, any refuse or other substance upon any public or private property
within the Village of Boonville.
H.
Permit or suffer any vehicle used by him hereunder to stand or remain within 500 feet of any grounds occupied by a school during school hours, except as set forth in Subsection D hereinabove, or within 100 feet of any street intersection.
I.
Attempt to hawk, vend, peddle, or offer anything for sale
to any person who objects thereto.
J.
To enter upon private property for the purpose of peddling or soliciting
before 9:00 a.m. on any day, or after 1/2 hour before sunset or 7:00
p.m., whichever is later, of any day, except with the consent of the
householder or occupant.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
K.
To peddle or solicit on any property which has prominently displayed
thereon any sign containing the words "No Peddlers," "No Solicitors,"
"No Agents" or words to that effect, the purpose of which purports
to prohibit peddling or soliciting on the premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An application for a license shall also be accompanied by a
surety bond approved as to form and surety by the Village Clerk in
the penal sum of $200, with a sufficient surety or sureties or sufficient
collateral security for the due observance during the time of the
license of any and all provisions of this chapter.
All orders taken by a licensee hereunder who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall be in writing, 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 of money is paid to the licensee.
This chapter shall not apply to:
A.
Religious, civic or philanthropic organizations which are
resident or located in Boonville, which have a tax exemption as a
charitable institution, pursuant to § 501, as amended, of
the Internal Revenue Code.
B.
The hand-delivery of merchandise, goods, wares, newspapers,
periodicals or other items or commodities, the purchase of which was
not obtained by a door-to-door solicitation.
The Board of Trustees may, at any time, for the violation of
this or any ordinance or law, revoke any license. When a license shall
be revoked, no refund of any unearned portion of the license fee shall
be made. Notice and hearing for 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 and upon filling a copy of such notice with
the Village Clerk.
A.
Licenses issued under the provisions of this chapter may
be revoked by the Village Board of the Village of Boonville, after
notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for the license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler.
(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 to constitute
a menace to the health, safety or general welfare of the public.
B.
Notice of 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 to
the licensee at his last known address at least five days prior to
the date set for hearing.
Any person making a false statement upon his application for
a license, or any person failing to procure such a license, shall
be subject to a fine not exceeding $250.
Nothing in this chapter shall be held to apply to any sales
conducted pursuant to statute or by order of any court; or to any
person selling personal property at wholesale to dealers in such articles;
or to holder of a license granted pursuant to § 32 of the
General Business Law.
Nothing in this chapter shall be presumed to require the licensing
of any individual or business where licensing is prohibited either
by state or federal statute.
