[HISTORY: Adopted by the Board of Trustees of the Village
of Fonda at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 103.
No person, firm or corporation shall hawk, peddle, sell or dispose
of any goods, wares or merchandise, food or food products or personal
property of any kind or description or engage in the business of hawking
or peddling any goods, wares or merchandise of any description within
the corporate boundaries of the Village of Fonda, including, but not
limited to, Village-owned property, docks, boat launches and parks.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors as used herein.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds from a stationary location
on any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
A.
It shall be unlawful for any peddler, solicitor, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed
material or services within the incorporation of the Village without
first applying for and obtaining a registration certificate therefor
from the Village Clerk.
B.
Peddlers shall apply to the Village Clerk's office for a special
use permit at least two weeks prior to the event. Written permission
of said property/merchant/owner will be required and on file before
the permit will be issued.
C.
Every applicant for a registration certificate under the provisions
of this chapter shall file with the Village Clerk a sworn written
application, on a form to be furnished by said Clerk, which shall
give or be accompanied by the following information or documents:
(1)
The name and description of the applicant.
(2)
The permanent home (physical and mailing) address and full local
address of the applicant.
(3)
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(5)
The length of time for which the certificate is desired.
(6)
If a vehicle is to be used, a description of such vehicle and its
license number.
(7)
The place where the merchandise or services to be sold or offered
for sale are manufactured or produced, where such merchandise is located
at the time such application is filed and the proposed method of delivery.
(8)
Two business references located in the County of Montgomery, State
of New York, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
(9)
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
(a)
This statement of criminal convictions must include a copy of
the applicant's criminal history obtained from the New York State
Division of Criminal Justice Services within the recent 90 days of
the application, and at no cost the Village of Fonda.
A.
When the application is properly filled out and signed by the applicant,
the original and duplicate thereof shall be filed with the Clerk,
along with a copy of the applicant's driver's license.
B.
If, as a result of such an investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Clerk
or his/her designee shall endorse on such application his disapproval
and his reasons therefor and shall return said application to the
Clerk. Any determination by the Clerk that an application is unsatisfactory
shall be based on one or more of the following findings with respect
to the applicant and be compliant with Article 23A of the New York
State Corrections Law:
C.
In the absence of any such finding, the Clerk or his/her designee
shall find the application satisfactory, shall endorse his approval
on the application and shall return the application to the Clerk.
A.
If the Clerk or his/her designee finds an application unsatisfactory
and he has endorsed his/her disapproval upon the application, the
Clerk shall notify the applicant, by mail, that the application is
disapproved and shall deny the applicant any registration certificate.
B.
If the Clerk or his/her designee finds an application satisfactory,
the Clerk shall issue a registration certificate addressed to the
applicant to conduct the business applied for upon the payment of
the proper fee by the applicant. Such certificate shall contain the
signature of the issuing officer and shall show the name, address
and photograph of the applicant, the type of business (peddler, solicitor,
distributor or transient merchant) for which the applicant has registered,
the kind of goods or services to be sold thereunder, the date of issue,
the length of time the certificate shall be operative and the license
number and other identifying description of any vehicle used in the
activity licensed.
C.
Upon expiration of a certificate, a new certificate will be issued
upon compliance with all provisions of this chapter and payment of
fees, except that the investigation and waiting period therefor may
be waived if approved by the Clerk and Sheriff or his designee.
D.
All applicants approved a certificate shall be listed within the
office of the Village Clerk and the Village website.
At the time of issuance of a registration certificate, a fee,
as determined by the Board of Trustees, shall be paid by the applicant
to cover the costs of investigation and the administration and enforcement
of this chapter.
Any person aggrieved by the action of the Village Clerk in the
denial of a certificate, as provided in this chapter, shall have the
right of appeal to the Board of Trustees. Such appeal shall be taken
by filing with the Board, within 30 days after the 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 appeal. The
Board of Trustees shall set a time and place for a hearing on such
appeal, and notice of such hearing shall be given in the same manner
as provided in this chapter for notice of hearing on revocation. The
decision of the Board on such appeal shall be final and conclusive.
A.
Upon obtaining a registration certificate as herein provided, a peddler,
solicitor, distributor or transient merchant may conduct his activities
within the Village only as long as he adheres to the regulations set
forth in this chapter.
B.
All certificates shall expire one calendar year from the date of
issuance.
C.
A registration certificate shall not be assignable. Any holder of
a certificate who permits it to be used by any other person and any
person who uses a certificate issued to any other person shall be
guilty of an offense against this chapter.
D.
No applicant to whom a certificate has been refused or who has had
a certificate revoked shall make further application until a period
of at least 12 months shall have elapsed since the last previous rejection
or revocation unless he can show that the reason for such rejection
or revocation no longer exists.
E.
Every peddler, solicitor, distributor or transient merchant shall,
while conducting his activities, exhibit the certificate in a prominent
place on his person or on any stand, cart or other entity used to
sell or display his wares for sale.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between the hours
of 9:00 a.m. and 7:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a
person previously.
B.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor registered with the Clerk and displaying his certificate.
C.
Have exclusive right to any location in the public streets or operate
in any congested area where his operations might impede or inconvenience
the public.
D.
Leave at a property or house or in any public place circulars, samples
or other matter, except a newspaper, which shall be defined as a periodical
with a paid circulation of at least 90% of its total circulation,
except when handed to a person willing to accept the same.
E.
Enter or attempt to enter the land of any resident in the Village
without an express invitation from the occupant of such land.
F.
Conduct himself in such a manner as to become objectionable to or
annoy an occupant of any house.
G.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or sound-amplifying device upon any of the streets, parks or public
places of the Village or upon private premises in such a manner that
sound of sufficient volume is emitted or produced to be capable of
being plainly heard upon the streets, avenues, parks or other public
places of the Village or upon private premises thereof, for the purpose
of attracting attention to any merchandise or services.
H.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
I.
Litter the streets, public places or properties within the Village
with any merchandise or printed material.
J.
If there is not the minimum five-foot sidewalk requirement, the area
between the sidewalk and curb may be used, provided that this area
is eight feet or greater. The sidewalk must be unobstructed for pedestrian
traffic at all times.
K.
Every peddler, solicitor, distributor or transient merchant shall
take with him anything that he brought in, including removal of trash,
when the event is over or daily, whichever comes first.
A.
Certificates issued under the provisions of this chapter may be revoked
by the Board of Trustees, after notice and hearing, for any of the
following causes:
(1)
Fraud, misrepresentation or a material incorrect statement contained
in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement made in
the course of carrying on the business of solicitor, peddler, distributor
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor or transient
merchant 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.
A notice of a hearing for the revocation of a certificate shall be
given by the Village Clerk, in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the holder of the certificate
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by an agent of
the Village in the same manner as a summons at least three days prior
to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered to the Clerk.
A.
No part of this chapter shall be enforced so as to conflict with
Article 4, § 32, of the General Business Law of the State
of New York, providing for exemptions for veterans.
B.
The requirements of this chapter shall not apply to the following,
provided that an official uniform, clothing and other suitable identification
approved by the Board of Trustees is displayed:
(1)
Any recognized local nonprofit religious, charitable, educational,
civic or political organization.
(2)
Any such organizations as the Boy Scouts, Girl Scouts or local volunteer
firemen.
(3)
The Chamber of Commerce may conduct a farmer's market, providing
the market is for the sale of homegrown produce, home-prepared food
products and homemade crafts.
C.
Nothing in this chapter shall be held to apply to:
(1)
Sales conducted pursuant to statute or by order of any court.
(2)
Persons selling personal property at wholesale to dealers in such
articles.
(3)
Merchants having an established place of business within the Village
or their employees.
(4)
The peddling of meats, fish, fruits and similar produce by farmers
and persons who produce such commodities.
(5)
Dealers in milk, baked goods, heating oil and daily newspapers.
(6)
Licensed real estate brokers.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation,
punishable by a minimum fine of $50 and not exceeding $500 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct violation hereunder.