[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 12-12-1960; amended
in its entirety 11-6-2006 by L.L.
No. 5-2006 (Ch. 102 of the 1992 Code). Subsequent
amendments noted where applicable.]
This chapter is enacted for the purpose of regulating itinerant
merchandising in order that the peace, health, safety, welfare and
good order in the Village and of its inhabitants shall not be endangered
or unduly disturbed.
As used in this chapter, the following terms shall have the
meanings indicated:
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
he or she solicits or peddles in the ordinary and regular course of
business.
The selling, bartering or trading of, or offering to sell,
barter or trade, any goods, wares, commodities or services.
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person selling or offering for sale
carries with him in traveling or has in his possession or control,
from house to house, place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor within the Village of Woodridge.
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
The seeking, taking or accepting of contracts or orders for
any goods, wares, or merchandise for future delivery, or for subscriptions,
contributions or donations, from house to house, place of business
to place of business or in any public street or public place in the
Village of Woodridge, provided that the word "soliciting" shall not
apply:
To the seeking of or taking of orders by any manufacturer or
producer for the sale of bread or bakery products, milk or milk products,
ice cream products, daily papers and/or any other person soliciting
or selling recognized products with routes that have been heretofore
regularly established within the Village of Woodridge.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the State of New York for insurance
purposes.
Any person who shall engage in soliciting as hereinabove
defined.
All solicitors, peddlers, or any person merchandising any goods,
wares, commodities or service within the Village of Woodridge shall
first obtain a license therefor from the Clerk of the Village, unless
such soliciting, peddling or merchandising is at the personal request
of the person solicited.
A.
The provisions of this chapter shall not apply to the following:
(1)
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
(2)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Village.
(3)
A child regularly attending any public or parochial or private school
or a representative of any established church maintaining a place
of worship or a member of a veterans organization or a member of a
fraternal organization or civic group. Any person coming within the
provisions of this exemption shall only solicit or peddle in connection
with an authorized activity of the organization of which such person
is a member or the school which such person attends.
B.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
A.
Every applicant for a license is required to submit to the Village
Clerk a written application supplying, under oath, the following information:
(1)
The name of the applicant.
(2)
The applicant's permanent home residence.
(3)
The name and address of the firm represented, if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares or commodities to be offered for
sale, together with a true invoice of their amount, quality and value.
(6)
The applicant's number of arrests or convictions for crimes
and the nature thereof.
B.
To the application must be appended a letter of authorization from
the firm which the applicant purports to represent.
Upon receipt of the application and of the license fee and if
reasonably satisfied with the applicant's qualifications, the
Village Clerk shall issue a license to the applicant, specifying the
particular business authorized and the location wherein it may be
conducted. This license shall be nontransferable and 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 Village
official or prospective buyer.
There shall be two types of licenses issued in accordance with
this article: 1) a one-day license; or 2) a sixty-day license. Either
license shall be revocable in the event of any violation of the terms
and conditions of this article.
The Village Clerk shall keep a record of the applications, the
determinations thereon and of all licenses issued in accordance with
this chapter. The record shall contain the name and address of the
person licensed, the location of the business, the amount of the license
fee paid and the date of revocation of all licenses revoked.
The license fees for all licenses issued hereunder shall be
as set from time to time by resolution of the Board of Trustees.[1]
A licensed solicitor or peddler shall:
A.
Not willfully misstate the quantity or quality or any article offered
for sale.
B.
Not willfully offer for sale any article of any unwholesome or defective
nature.
C.
Not call attention to his or her goods by blowing a horn, by playing
repetitive music or sounds, by ringing a bell other than a house doorbell,
by shouting or crying or by any loud or unusual noise.
D.
Not frequent any street in an exclusive nature so as to cause a private
or public nuisance.
E.
Keep the vehicle and/or receptacles used by him or her in furtherance
of his or her licensed business in a sound, clean and sanitary condition.
F.
Keep his or her edible articles offered for sale well protected from
dirt, dust and insects.
G.
Not stand or permit the vehicle used by him or her 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 the lessee of the
property objects.
H.
Not sell confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
No person, peddler, solicitor or person engaged in merchandising,
whether licensed or unlicensed, shall enter on private property, go
from house to house, from place of business to place of business,
or otherwise disturb persons in their residences or businesses on
Sundays or between the hours of 7:00 p.m. and 9:00 a.m. any other
day.
A.
Any resident of the Village of Woodridge not wanting to be visited
or called upon by solicitors, peddlers or any person merchandising
may register at the office of the Village Clerk on a list of registrants
of the Village of Woodridge who do not desire to be visited or solicited
at their homes, in the following manner:
(1)
Said resident or residents shall either personally appear or, on
forms supplied by the Village Clerk, register with the Village Clerk,
advising that said resident or residents do not want solicitors or
peddlers to call at their homes.
(2)
The Village Clerk shall keep on file at all times a registration
book showing the names and addresses of the residents of the Village
of Woodridge who have registered as not wanting solicitors or peddlers
to call at their homes.
(3)
Said residents, in addition, shall be furnished a sticker by the
Village Clerk, which may be affixed to the front door of the resident's
principal residence advising that no soliciting and peddling can be
done.
B.
Every applicant shall personally read said list of residents of the
Village of Woodridge who are registered as not wanting to be approached
or contacted for the sale of goods, wares or merchandise and will
sign an affidavit that said list has been reviewed by the applicant,
and the applicant shall obtain from the Village Clerk a photostatic
copy of said list.
C.
Any resident or business of the Village of Woodridge not wanting to be visited or called upon by solicitors, peddlers or any person merchandising may place a sign affixed to the resident's principal residence or business advising that no soliciting and peddling can be done, in accordance with § 289-12A(3) of the Village of Woodridge Code.
D.
It shall be unlawful for any person, peddler, solicitor or any person
engaged in merchandising, whether licensed or unlicensed, to enter
upon any residential or business premises in the Village of Woodridge
where the owner, occupant or person legally in charge of the premises
has posted at the entry to the premises a sign or sticker bearing
the words "No Peddlers," "Solicitors," or words of similar import.
A license may be summarily revoked by the Village Clerk by reason
of a violation of the terms of the license, violation of any municipal
law, state or federal statute or falsification in applying for a license.
Written notice of such revocation, stating the terms thereof, shall
be personally served upon the licensee or mailed to the address given
in the application. Upon the filing of such notice of revocation in
the Village Clerk's office, with affidavit of service by mailing,
such license shall be revoked. A hearing upon the revocation of the
license shall be granted the licensee if said licensee shall request
such a hearing as hereinafter provided.
In the event of the revocation of a license pursuant to the provisions of § 289-13 hereof or in the event of the denial of a license to any applicant by the Clerk, the applicant may request a hearing within a period of 30 days after such revocation, refusal or denial. Such requests shall be in writing and shall be made to the Village Board of the Village of Woodridge 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.
Any person who shall act as a solicitor or peddler, as herein
defined, without a license or who shall violate any of the provisions
of this chapter or who shall continue to act as a solicitor or peddler
subsequent to the revocation of his or her license shall, upon conviction
thereof, be subject to a fine not to exceed $250 and/or imprisonment
for a term not to exceed 15 days, or both, for each day on which such
violation occurs.
This article is enacted for the purpose of regulating the conduct
and business practices of transient merchants within the Village of
Woodridge.
As used in this article, the following terms shall have the
meanings indicated:
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer; on a parking lot or vacant
parcel of land; on part of a public right-of-way; or in any other
place for a temporary period of time. Lack of a rental or leasing
agreement of three months' or more duration, sealed by monetary
consideration, shall be presumptive of a temporary situation. The
type of merchandise being offered for sale will have no bearing on
the designation.
The purpose of this article is to assist the government of the
Village of Woodridge, the management of its business, the preservation
of good order and the peace, health, safety and welfare of its inhabitants
and the protection and security of their property.
A.
No person shall engage in business as a transient merchant unless
he shall first obtain a license to do so from the Village Clerk no
later than two business days before the first date of business.
B.
Transient retail merchants shall at all times maintain the area around
which the transient retail merchant is located in sound, clean condition
and shall leave the area in such condition at the end of each day
of operation.
An application for a transient merchant's license shall
provide the following information:
A.
The address of the applicant's residence.
B.
The firm or firms represented, together with copies of documents
establishing the firm's state or county, form of organization,
ownership and qualifications to do business in the state and exact
relationship between the firm and the transient merchant.
C.
A brief description of the firm and the kind of goods or commodities
the applicant desires to sell.
D.
The hotel, room or other location where the applicant proposes to
sell such merchandise and the time during which said business is to
be conducted.
This article shall not be held to apply to any of the following:
A.
Sales conducted pursuant to statute.
B.
Sales conducted pursuant to the order by any court.
C.
Any person selling personal property at wholesale to dealers in such
articles.
D.
The sale of fruits and vegetables raised on the property where being
sold.
E.
Any honorably discharged member of the United States Armed Forces
who has procured a license under Article 4 of the General Business
Law of the State of New York.
F.
Persons soliciting, collecting or operating a sale on behalf of any
bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy cause deemed to be in the
public interest.
G.
Any person selling personal property at a garage sale held at his
residence.
There shall be two types of licenses issued in accordance with
this article: 1) a one-day license; or 2) a sixty-day license. Either
license shall be revocable in the event of any violation of the terms
and conditions of this article.
Any transient retail business that intends to conduct business
in a public right-of-way or municipal parking lot shall include in
its application the location from which it intends to sell. The Village
Clerk shall have the discretion, subject to Village Board review,
to approve or disapprove the public location chosen by the transient
retail business.
A license may be summarily revoked by the Village Clerk by reason
of a violation of the terms of the license, the violation of any municipal
law, state or federal statute or falsification in applying for a license.
Written notice of such revocation, stating the terms thereof, shall
be personally served upon the licensee or mailed to the address given
in the application. Upon the filing of such notice of revocation in
the Village Clerk's office, with affidavit of service by mailing,
such license shall be revoked. A hearing upon the revocation of the
license shall be granted the licensee if said licensee shall request
such a hearing as hereinafter provided.
Any person violating the provisions of this article shall be
guilty of a violation and, upon conviction thereof, shall be fined
not less than $100 nor more than $200 for each offense and, further,
shall be directed to obtain a license pursuant to this article, paying
the appropriate fee. Every day that a violation of this article shall
continue shall constitute a separate and distinct offense.
