[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 4-11-2017 by L.L. No. 2-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 87,
Peddling and Soliciting, adopted 10-2-1984 by L.L. No. 3-1984, as
amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Except as hereinafter expressly provided, any person, either
principal or agent, who, from any vehicle or car or in any public
street or public place or by going from house to house or from place
of business to place of business, on foot or from any animal or vehicle,
sells or barters, offers for sale or barter or carries or exposes
for sale or barter any goods, wares or merchandise, prepared or unprepared
foods, except milk and newspapers.
One or more persons of either sex, natural persons, corporations,
LLCs, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Any not for profit organization with a 501(c)(3) status,
or fraternal organization, school or church group or club that is
vending as a fund raising endeavor with the proceeds serving the public
good.
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take any orders for goods, wares or merchandise, except newspaper
or milk, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
Any truck, trailer or conveyance that is subject to the licensing
requirements of the State of New York.
Displaying, selling or offering any merchandise, food or
prepared food items, or offering any services from any vehicle, trailer
or similar conveyance.
Any group, individual or organization who offers any merchandise,
food or prepared food items or offered any services from any vehicle,
trailer or similar conveyance.
A.
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court; to any person selling
personal property at wholesale to dealers in such articles; to farmers
and truck gardeners, who themselves or through their employees vend,
sell or dispose of products of their own farms and gardens; to the
peddling of dairy products.
B.
Any events occurring on Village-owned property as approved for a
park use permit pursuant to a resolution of the Village Board of Trustees
are exempt. A list of vendors and/or participants shall be provided
to the Village Board with the park use permit application.
It shall be unlawful for any person within the corporate limits
of the Village of Hammondsport, New York, to act as a vendor, peddler
or solicitor, as herein defined, without first having obtained and
paid for and having in force and effect a license/permit therefor.
A.
Any person desiring to procure a license as herein provided shall
file with the Village Clerk a written application upon a blank form
prepared by the Village Clerk and furnished by the Village. Such application
shall give the number and kind of vehicles to be used by the applicant
in carrying on the business for which the license is desired; the
kind of goods, wares and merchandise he desires to sell or the kind
of service he desires to perform; the method of distribution; the
name, address and age of the applicant; the name and address of the
person, firm or corporation he represents; and the length of time
the applicant desires the license.
B.
An application for a license as a solicitor who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a bond to the Village of Hammondsport,
approved as to form and surety by the Village Attorney, in the penal
sum of $100 as established by the Village Board, with a sufficient
surety or sureties or sufficient collateral security, conditioned
for making a final delivery of goods, wares or merchandise ordered
or services to be performed in accordance with the terms of such order
or, failing therein, that the advance payment for such order is refunded.
Any person aggrieved by the action of any licensed solicitor shall
have the right of action on the bond for the recovery of money or
damages, or both. Such bond shall remain in full force and effect,
and in the case of a cash deposit, such deposit shall be retained
by the Village of Hammondsport for the period of 90 days after the
expiration of any license, unless sooner released by the Village Clerk.
A.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 87-3, signed by the Village Clerk.
B.
Restrictions.
(1)
A license shall not be assignable. Any holder of such license who
permits it to be used by any other person and any person who uses
such license granted to any other person shall each be guilty of a
violation of this chapter.
(2)
Such license shall include the right to use only one vehicle in carrying
on the business for which the person is licensed.
(3)
No license shall be granted to a person under 21 years of age.
(4)
No applicant to whom a license has been refused or who has had a
license which has been revoked shall make further application until
a period of at least six months shall have elapsed since the last
previous rejection or revocation, unless he can show that the reason
for such rejection no longer exists.
(5)
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
(6)
Licenses shall be issued from 9:00 a.m. to 5:00 p.m., and the hours
for peddling and soliciting within the village shall be from 9:00
a.m. to 5:00 p.m.
C.
Vehicle vending permit.
(1)
It shall be unlawful for any person within the corporate limits of
the Village of Hammondsport, New York, to vend any merchandise, food
or prepared food items, or offer any services from any vehicle, trailer
or similar conveyance without first obtaining a vending permit and
paying a permit fee as established by the Village Board.
(2)
Exemptions: Any such vending that is taking place under the auspices
or sponsorship of a public service organization that has been granted
a park use permit by the Village Board, provided that the vendor(s)
are included in a list of vendors and/or participants that were attached
to the park permit application.
The license fee shall be determined by the Village Board, which
said daily fee is hereby ordained and established therefor, and each
such license shall be issued as aforesaid by the Village Clerk. Any
applicant who shall have been refused such license by the Clerk may
apply to the Board of Trustees therefor at a meeting thereof, and
the same may be granted or refused by the Board.
The Village Clerk may, at any time, for a violation of this
chapter or any other ordinance or any law, revoke any license. Notice
of such revocation and the reason or reasons therefor shall be served,
in writing, by the Village Clerk upon the person named in the application
or by mailing the same to the address given in the application.
A.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 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 offense hereunder.
B.
In addition or as an alternative to the above-provided penalties,
the Board of Trustees may also maintain an action or proceeding in
the name of the Village, in a court of competent jurisdiction, to
compel compliance with or to restrain by injunction the violation
of this chapter.
