[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 10-24-2005 by L.L. No. 5-2005. Amendments noted where
applicable.]
It is the intent of this chapter to protect
the residents of the Village from potential abusive and unscrupulous
acts by street vendors and persons engaging in door-to-door soliciting
and selling of goods, wares and merchandise by requiring such persons
to register and be permitted by the Village. This chapter is not intended
to be a taxation or revenue-raising measure.
For the purposes of this chapter, the following
words are hereby defined as follows:
Any person, either principal or agent, who represents a nonprofit
organization, in any street or public place or by going from house
to house and who predominantly seeks contributions, fundraisers, solicits
memberships, disseminates information or conducts activities which
would not be characteristic of a peddler or solicitor.
A permanent building, store or depository in which or where
the person transacts business and deals in goods, wares, merchandise
or services in the ordinary and regular course of business.
Any person who, in any street or public place or by going
from house to house on foot or from any vehicle, sells or barters
or offers for sale or barter or carries or displays for sale or barter
any goods, wares, merchandise or services. For the purpose of this
chapter, the entity which engages a person as his or her agent for
the purposes of peddling or soliciting is also considered a "peddler"
within the meaning of this chapter and is subject to all of the provisions
herein.
Any individual, firm, partnership, corporation, unincorporated
association, and any principal or agent thereof.
Any person, either principal or agent, traveling either by
foot or by any conveyance from place to place, from house to house,
from street to street or any combination thereof, who takes or offers
to take orders for the sale of any goods, wares or merchandise, including
books or periodicals, for future delivery, or for the performance
of future services, whether or not such person collects advance payments
for such sale or services.
It shall be unlawful for any person to engage
in the business of peddler or solicitor as defined herein without
having first obtained and having in force and effect a permit therefor
issued by the Village Clerk-Treasurer.
Nothing contained in this chapter shall be deemed
to apply to any of the following:
A.
A sale conducted pursuant to an order of any court.
B.
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Village.
C.
Provided that such person has completed the application
for a permit and has met all other requirements set forth in this
chapter, there shall be no fee for such permit for an honorably discharged
member of the Armed Forces of the United States who is the holder
of a license issued pursuant to § 32 of the General Business
Law of the State of New York.
D.
The peddling of meats, fish, fruit and farm produce
by farmers and persons who produce such commodities on their own land,
provided that they have otherwise complied with any licensing and
health and safety requirements of any other competent governmental
body or agency and the sale takes place from a stationary location
upon property owned or leased by the seller of such goods.
E.
Any person selling goods, wares, merchandise or services
regularly to those who are his or her established customers, patrons
or purchasers.
F.
Any candidate running for office, or his or her representatives,
or any persons involved in the election process.
A.
Any person desiring a permit as herein provided shall
file with the Village Clerk-Treasurer a written application, duly
verified by the applicant, upon forms provided by the Village. Such
application shall include but not be limited to the following information:
(1)
The name, address, telephone number, date of birth,
social security number and motorist identification number of such
person and the name, address and telephone number of the corporation,
firm, association, club, partnership or any other organization represented
by such person.
(2)
A description of the type of goods, wares or merchandise
which the applicant wishes to sell or solicit orders for or the type
of service the applicant wishes to sell or solicit orders for.
(3)
A description of the vehicle which the applicant intends
to use in carrying out his or her business or occupation.
(4)
Name and address of the owner of the vehicle and a
copy of the registration.
(5)
Copy of the applicant's driver's license or, if the
applicant does not have a driver's license, the applicant's photo
identification.
(6)
County Health Department permit number, if a food
vendor.
(7)
Whether the applicant has ever been convicted of a
crime and, if so, under what name, with a listing of such conviction,
including crime jurisdiction, date and sentence imposed.
(8)
A list of the streets and roads where the applicant
intends to solicit or peddle and the dates and time of day the applicant
intends to solicit or peddle.
B.
The application shall be accompanied by three photographs
of the applicant, two inches by two inches in size, taken within 30
days prior to the date of filing of the application, full face on
a white background.
C.
A fee in accordance with the Fee Schedule of the Village
of Pomona, except that canvassers and veterans of the Armed forces
of the United States who are licensed pursuant to General Business
Law § 32 shall not be required to pay the application fee.
A.
The Village Clerk-Treasurer and the appropriate Police
Department shall investigate all applications.
B.
The Village Clerk-Treasurer may deny any application
for cause, after written notice, including but not limited to the
following reasons:
(1)
Fraud, misrepresentation or false statement in the
application for the permit.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying out the applicant's trade, business or occupation.
(3)
Any violation of this chapter.
(4)
Conviction of a felony or a misdemeanor which, in
the judgment of the Village Clerk-Treasurer or the Chief of Police,
renders the applicant unfit or undesirable for door-to-door peddling
or solicitation.
(5)
Carrying out of the applicant's business, trade or
occupation in an unlawful manner or in such a way as to breach the
peace or to constitute a threat to the health, safety or welfare of
the public.
C.
The permit shall be in effect for the dates set forth
in the application except that all permits shall expire 30 consecutive
days after the first day the permit is in effect.
[Amended 10-26-2015 by L.L. No. 4-2015]
D.
The permit shall be carried on the person of the permittee
at all times while engaging in peddling or soliciting and shall be
exhibited by the permittee to any person on demand. A picture of the
permittee shall appear on the permit issued by the Clerk-Treasurer.
E.
The permit shall not be transferable or assignable.
F.
Any applicant who has had a permit denied or revoked
by the Village Clerk-Treasurer may appeal to the Village Board of
Trustees, in writing, within 30 days of the receipt of the denial
or revocation. The Village Board of Trustees will thereafter hold
a public hearing within 45 days after receipt of such appeal. The
decision of the Board, together with findings of fact, shall be transmitted
to the applicant within 30 days after the close of such hearing.
A.
It shall be unlawful for any person to engage in the
business of canvasser, as defined in this chapter, without having
first registered with the Village Clerk-Treasurer upon forms provided
by the Village. Such registration shall include, but not be limited
to, the following information:
(1)
The name, address and telephone number of the organization,
firm, club, association, corporation or partnership.
(2)
The name, address, telephone number, date of birth
and social security number of the persons who will represent the organization
by going door-to-door within the Village.
(3)
Proof of registration with the Department of State
Offices of Charities Registration and/or the Attorney General Charities
Bureau.
(4)
A copy of the literature to be distributed.
(5)
The dates and times canvassing is to take place.
(6)
The date and state of incorporation, together with
a copy of the Articles of Incorporation.
B.
The canvassing organization shall provide each canvasser
with an identification card which shall include the canvasser's name
and photograph, along with the name of the organization.
[Added 6-27-2016 by L.L.
No. 4-2016[1]]
A.
The Village
Clerk shall prepare and maintain a list of addresses where the owner
and/or occupant of the premises has notified the Clerk that peddling,
soliciting and/or canvassing are not to be permitted on said property.
The list shall be known as the "Do Not Knock" registry.
B.
An owner
and/or occupant of any property within the Village of Pomona may request,
in writing, that his/her property is to be listed on the "Do Not Knock"
registry. Upon receipt of such request, the Village Clerk shall list
the address on the "Do Not Knock" registry and shall give a copy of
such list to every peddler, solicitor or canvasser who has received
a permit pursuant to this chapter. Addresses shall be maintained on
the registry until such time as the owner and/or occupant has notified
the Village Clerk, in writing, to remove the address from such registry.
A.
Peddlers and solicitors who have received permits
from the Village and canvassers who have registered with the Village
shall not:
(1)
Enter upon private property for the purpose of soliciting,
peddling or canvassing before the hour of 10:00 a.m. or after the
hour of 8:00 p.m. except upon the express invitation of the householder
or occupant of the property;
(2)
Resort to deceptive acts or practices, physical or
verbal abuse, threats, intimidation or harassment in the course of
soliciting, peddling or canvassing;
(3)
Peddle, solicit or canvass on private or public property
which has displayed a sign bearing the words "No Peddling, Soliciting
or Canvassing" or words of like intent, nor shall any peddler, solicitor
or canvasser remain on the premises after the owner or occupant thereof
shall have requested that such peddler, solicitor or canvasser leave
the premises;
(4)
Create, erect or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions on any street, public
place or private property for the selling or exposing for sale of
any goods, wares or merchandise.
(5)
Peddle, solicit or canvass on any private or public property that
is listed on the Village of Pomona "Do Not Knock" registry maintained
by the Village Clerk of the Village of Pomona.
[Added 6-27-2016 by L.L.
No. 4-2016]
B.
Such permit or registration shall include the right
to use only one vehicle or conveyance in carrying out the business
for which the permit or registration was issued.
C.
Such permit or registration shall not be construed
to supersede any applicable federal, state or local laws, rules or
regulations.
Permits issued pursuant to this chapter may be revoked by the Village Clerk-Treasurer for cause, after written notice, including but not limited to the same reasons for denying an application as set forth in §§ 103-6 and 103-8. Upon revocation, the permittee may appeal the revocation to the Village Board of Trustees in accordance with § 103-6.
The Village Clerk-Treasurer shall keep an accurate
record of all permits and registrations applied for, issued, denied
and revoked pursuant to this chapter.
A person who violates any provision of this
chapter shall be guilty of a violation, punishable by a fine not to
exceed $500 and/or imprisonment not to exceed 15 days, except that
a second or subsequent violation of any provision of this chapter
during any twelve-month period shall be punishable by a fine not to
exceed $1,000 and/or imprisonment not to exceed 15 days. Each day
on which any violation continues shall constitute a separate offense.
