As used in this article, the following terms shall have the
meanings indicated:
A person, commonly referred to either as a peddler or hawker,
who goes from place to place or from house to house by traveling on
the streets and carries with him goods, wares and merchandise for
the purpose of selling and delivering them to consumers, or any person
who has goods, wares and merchandise of any description sent from
place to place or from house to house, by traveling on the streets,
for the purpose of selling and delivering them to consumers.
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal and agent thereof.
A.
It shall be unlawful for any peddler to sell, solicit, dispose of
or offer any goods, wares or merchandise within the Town of Irvington
without first obtaining a license and having paid the license fee
hereinafter referred to.
B.
It shall be unlawful for any peddler to prosecute his business of
peddling or hawking within the boundaries of any street within the
Town of Irvington. This prohibition applies only to the act or acts
of offering, soliciting, selling or delivering merchandise within
the boundaries of the streets and not to transportation of merchandise
within such streets from place to place.
C.
It shall be unlawful for any peddler to misrepresent the character
or quality of merchandise offered for sale, to importune or otherwise
annoy any person for the purpose of effecting or inducing a purchase
or to conduct himself otherwise than honestly and courteously.
A.
The requirements of this article as to procuring a license shall
be held not to apply to the following persons, who are expressly exempt:
B.
The exemptions herein granted to honorably discharged soldiers and
sailors and exempt firemen shall not in any way relieve their employers
of the necessity of securing a license as herein provided.
[Amended 1-13-1981 by Ord. No. MC 2622]
Any person desiring a license under this article shall apply
in writing to the Chief License Clerk, Division of Licensing, on forms
supplied by him and verified by the applicant, and shall state upon
such application the kind or kinds of goods, wares or merchandise
to be sold or attempted to be sold by the licensee; the name of the
applicant; permanent home address; name and address of firm represented;
the names and addresses of the persons from which goods making up
the stock were or are to be purchased; three business references;
the place or places of residence of the applicant for the preceding
three years; the length of time for which the license is desired;
whether or not the applicant has been convicted of a crime or misdemeanor
or violation of any municipal ordinance and the nature of the offense,
if any, for which convicted; and if the applicant is an employee or
representative of any person, the application shall contain a verification
from the firm for which he purports to work, authorizing the applicant
to act as its representative.
[Amended 1-13-1981 by Ord. No. MC 2622; 10-14-2015 by Ord. No. MC 3553]
Following the filing of the application, an investigation shall
be made concerning the facts therein set forth. Upon the application's
being so presented and approved by the Director of the Department
of Revenue and Finance and upon payment of the prescribed fee, the
license shall be issued. The license issued shall not authorize any
person except the designated person named in said license to engage
in business thereunder and shall not be transferable from the person
to whom issued to any other person. A separate license must be obtained
by a licensed peddler for every agent or employee working for him.
Upon the issuing of such license the Chief License Clerk shall furnish
the licensee with a plate, badge or other evidence bearing a number
corresponding to the number of the license and the year in which it
was granted. The plate, badge or other evidence shall be displayed
at all times in a conspicuous part of the vehicle used by the licensee,
if any, in the conduct of his business, and if no vehicle is used,
shall be carried by him and exhibited on demand of any of the citizens
of the Town or members of the Public Safety Department thereof. Such
license shall be good only in the year in which it is issued; it shall
be effective from the first day of January in each year, and any licensee
applying for or obtaining a license after January 1 in any year shall
pay the license fee for the full year.
[Amended 1-13-1981 by Ord. No. MC 2622]
A.
The license fees to be imposed under this article for each year shall
be $308 initially and $77 annually thereafter. Any person who is the
proprietor of any peddling business carried on within the Town of
Irvington shall pay a license fee (subject to transfer as hereinafter
provided) for each wagon, pushcart, automobile or other vehicle.
[Amended 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No.
MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
B.
Each license in one classification shall entitle the licensee to
peddle the class of goods mentioned in the specific class and also
the goods mentioned in each class having a lower license fee but not
any goods classified under a higher license fee.
C.
For each salesman, in addition to the other fees, a fee $49 shall
be paid, except that a license for one salesman shall be issued without
charge with the license for each wagon, pushcart, automobile or other
vehicle.
[Amended 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No.
MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
D.
Any wagon or automobile license provided for in this article shall
be transferable by the licensee to any other wagon or automobile used
by such licensee in the class or classes of business for which such
license was issued.
E.
The licenses above provided for may be revoked by the Director of
the Department of Revenue and Finance for the violation of any of
the provisions of this article, upon notice and hearing; provided,
however, that a license may be suspended for not more than two weeks
at any one time by the Director of the Department of Revenue and Finance
without hearing. Should any license be revoked, no part of the license
fee shall be returned.
A.
In addition to the yearly license provided for herein, licenses may
be issued to hawkers or peddlers for special occasions. The manner
of applying for and the method prescribed for the issuing of such
special license and for the evidence of its having been issued shall
be the same as heretofore prescribed and provided for the yearly licenses.
B.
Such licenses for special occasions shall be effective for a period
not to exceed one week or for such shorter period as shall be designated
in such particular license. The fee for such license shall be $53.
Such licenses may be revoked by the Director of the Department of
Revenue and Finance by reason of the violation of any of the provisions
of the license or for fraudulent, dishonest or discourteous conduct
in carrying on such business. In the case of revocation of license,
the license fee paid under the provision of this section shall be
returned.
[Amended 1-13-1981 by Ord. No. MC 2622; 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord.
No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
[Amended 1-13-1981 by Ord. No. MC 2622]
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in the general penalty provisions as set forth in Article IV of this chapter.
