[HISTORY: Adopted by the Board of Trustees of the Village
of Dansville 10-20-2015 by L.L.
No. 3-2015. Amendments noted where indicated.]
GENERAL REFERENCES
Zoning — See Ch. 330.
This chapter is enacted for the purpose of regulating itinerant
and transient merchandising in order that the peace, health, safety,
welfare, and good order of 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:
Considered as synonymous with the terms "solicit" and "solicitor."
Any association of individuals, partnerships, firms, corporations,
societies, limited liability company, or any other organization.
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.
To sell goods in public places by calling out to people.
One who hawks.
The act of selling goods in public places by calling out
to people.
The selling, bartering, or trading of, or offering to sell,
barter, or trade, any goods, wares, commodities, or services.
To sell, or to offer for sale for immediate delivery, any
goods, including but not limited to food, wares, or merchandise, inside
the Village of Dansville, other than from an indoor fixed place of
business, by operating from a stationary place, or by going from house
to house, from store to store, from street to street, or from place
to place.
Any person or company who "peddles" as herein defined. The
words "peddler," "hawker," and "huckster" are considered synonymous
terms.
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 any public street or public place, or by temporarily occupying
a room, building, or other premises therefor within the Village of
Dansville, provided that the word "peddling" shall not apply.
Includes any individual, firm, partnership, corporation,
limited liability company, unincorporated association, and principal
or agent thereof.
To sell, or offer for sale for future delivery, any goods,
including but not limited to food, wares, and other merchandise, or
services to be performed, or to distribute advertising circulars,
at any place within the Village of Dansville, other than from an indoor
fixed place of business, by operating from a stationary place, or
by going from house to house, from store to store, from street to
street, or from place to place.
The selling, or offering for sale for future delivery, any
goods, including but not limited to food, wares, and other merchandise,
or services to be performed, or the distributing of advertising circulars,
at any place within the Village of Dansville, other than from an indoor
fixed place of business, by operating from a stationary place, or
by going from house to house, from store to store, from street to
street, or from place to place.
Any person who shall engage in "soliciting" as hereinabove
defined.
Any person who conducts a transient retail business.
One conducted in a store, hotel, building, or structure for
the sale of retail goods, wares, or merchandise, excepting food products,
and which is intended to be conducted for a temporary period of time
and not permanently. If the place in which a business is conducted
is rented or leased for a period of six months or less, such fact
shall be presumptive evidence that the business carried on therein
is a transient retail business.
It is unlawful for any person or company to peddle, hawk, canvass
or solicit or engage in business as a transient merchant within the
Village of Dansville without having obtained a valid license therefor
from the Village Clerk-Treasurer.
The provisions of this chapter shall not apply to the following:
A.
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
B.
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Village.
C.
Children or other representatives of local religious, charitable,
civic/fraternal, educational, youth, or veteran organizations.
D.
Persons delivering newspapers or other periodicals classified as
second-class postal material.
E.
Individuals delivering written materials pertaining to a candidate
for public office or a political party.
F.
Candidates for public office or their designated representatives
campaigning door-to-door.
G.
Any person
or individual that is merely proselytizing for either religious or
political purposes, distributing religious or political handbills
at no cost, or exercising the right to anonymous religious or political
speech without soliciting any funds and without selling any goods
or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
H.
Vendors participating in a local festival, celebrations, or similar
types of events who have been recognized by the event's organizers
as participants in the activity.
A.
The applicant shall pay to the Village Clerk-Treasurer the applicable
fee, as established by resolution of the Board of Trustees and shall
file with the Clerk-Treasurer a written application which shall set
forth the following information:
(1)
The name and address of the applicant. If the applicant is a company,
the name, address, and title of an officer of the company responsible
for the peddling or soliciting or, if there be no such officer, then
of the person responsible for the peddling or soliciting.
(2)
The address at which process or other legal notice may be served, if different from Subsection A(1) above.
(3)
A brief description of the nature of the business to be conducted
and the kind of goods to be peddled or solicited or of the services
to be performed.
(4)
Notarized copy of professional accreditation or licensure if required
by state and/or federal law to provide the goods or services being
peddled or solicited.
(5)
The date(s) and time(s) when and the place(s) where peddling or solicitation
shall take place.
(6)
A statement as to whether or not the applicant is a citizen of the
United States of America and, if not, the country of which the applicant
is a citizen.
(7)
If a vehicle is involved in the proposed peddling or solicitation,
the name and address of the owner, proof of valid registration, the
vehicle license plate number, and proof of liability insurance.
(8)
If the applicant uses scales or measures in the business, there shall
be filed with the application a current, valid certificate issued
by Livingston County that the scales or measures have been tested
and sealed.
(9)
Any approval required by any other law, rule, or regulation applicable
to the goods or measures peddled or solicited shall be filed with
the application.
(10)
A statement as to whether or not the applicant has ever been
convicted of any crime or violation of any municipal law and, if so,
the date and place thereof, the nature of the offense, the disposition
of the charge against the applicant, and the sentence imposed.
(11)
The application shall be accompanied by two photographs of the
applicant, showing the applicant's head and shoulders, and taken
not more than 60 days prior to the date on which the application is
filed.
B.
Upon receipt of such application, the Village Clerk-Treasurer shall
refer same to the Village of Dansville Police for an investigation
of the applicant as may be necessary for the protection of the public
good, including a check of the applicant's local record of convictions
of criminal, traffic and municipal laws. Within five days from receipt
of the application, the Chief of Police shall return to the Village
Clerk-Treasurer a written recommendation as to whether or not a license
should be issued to the applicant and, if the recommendation is that
the license should not be issued, the reason(s) therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Village Board of Trustees, or designee, shall grant or deny the
license application after the Chief of Police's recommendation
has been filed with the Village Clerk-Treasurer.
The license fees for all licenses issued hereunder shall be
as set from time to time by resolution of the Board of Trustees. In
any event, the Board will review all fees annually at the time of
the reorganization meeting in April.
A.
The license issued pursuant to this chapter shall:
B.
Identification badge. The Clerk-Treasurer will issue a badge which
clearly states name, license number, company, contact. The badge must
be prominently displayed on the licensee's person at all times
while conducting business within the Village.
C.
Revocation.
(1)
The license issued pursuant to this chapter may be revoked by the
Village Board of Trustees, after notice and hearing, upon the occurrence
of any of the following:
(a)
Fraud, misrepresentation, or false statement contained in the
license application.
(b)
Fraud, misrepresentation, or false statement made by the licensee
in the course of carrying on the business of peddling or soliciting.
(c)
The licensee's violation of this chapter or any other law
of the Village of Dansville.
(d)
The licensee's conviction of any crime or misdemeanor involving
moral turpitude.
(e)
The licensee's conducting of business of peddling or soliciting
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to create a threat to the health, safety, or welfare
of the public.
(2)
Notice of a hearing for revocation shall be given in writing to the
licensee, which notice shall be mailed by first-class mail to the
address in the license application, or such other address as the licensee
has furnished in writing to the Village Clerk-Treasurer, at least
five days prior to the date set for the hearing, and said notice shall
set forth the alleged ground for revocation and the time and place
of the hearing.
A.
No person shall keep or maintain at any fixed point on the streets,
highways, or public places in the Village of Dansville any portable
stand or vehicle for the purpose of hawking, soliciting, or peddling
therefrom for more than 30 minutes, except that the Board of Trustees
may grant permission extending such period of time when beneficial
to the public interest.
B.
Parking for such thirty-minute periods at any Village park or recreational
facility shall be permitted only under the direction of the Superintendent
of Public Works with regard to preserving public safety and welfare.
Any person who shall violate the reasonable directions of the Superintendent
of Public Works or any authorized Village representative with respect
to regulation of such parking shall be deemed in violation of this
section and shall be subject to revocation of his permit under this
article and other such penalties as authorized by this chapter.
It shall be a violation of this chapter for any person:
A.
To exercise any exclusive right to any location in the public sidewalks,
streets, or other areas, or to operate in any stationary location,
unless expressly permitted in the license.
B.
To peddle or solicit in any congested area where said peddling or
solicitation may impede or inconvenience the public, and the judgment
of any police officer, exercised in good faith, as to whether the
foregoing shall have occurred, or shall be likely to occur, shall
be deemed conclusive.
C.
To enter upon private property for the purpose of peddling or soliciting
on Sunday and before 9:00 a.m. or after 5:00 p.m. of any other day,
except with the consent of the householder or occupant.
D.
To peddle or solicit on any property which has prominently displayed
thereon any sign containing the words "No Peddlers," "No Solicitors,"
"No Agents," or words to that effect, the purpose of which purports
to prohibit peddling or soliciting on the premises.
E.
To keep or maintain at any point within 500 feet of any business
selling substantially similar merchandise on the streets, highways,
or public places in the Village of Dansville any portable stand or
vehicle for the purpose of hawking, soliciting, or peddling therefrom.
F.
To peddle or solicit within 200 feet of any place used or occupied
exclusively as a public or private school, or to permit any cart,
wagon, or vehicle to stand in any public highway within said distance
of such school property.
G.
To establish a fixed location for more than 30 minutes.
H.
To act aggressively, threaten verbally or with physical gestures,
speak rudely, or refuse to leave a property when asked by the owner
or occupant.
I.
To use any false plan, scheme, or ruse or to make any false statement
which indicates or implies that the purpose of such person's
visit is other than to obtain contributions or orders for sales of
goods or services.
J.
To misrepresent the right of a buyer to rescind or cancel a sale
under the provisions of applicable law.
K.
To cheat, deceive, or fraudulently misrepresent, whether through
himself or through an employee, while acting as a peddler or solicitor
in the Village of Dansville, or to barter, sell, or peddle any goods,
merchandise, or wares other than those specified in his or her application
for a license.
L.
To interfere with either vehicular or pedestrian traffic on the public
right-of-way.
M.
To use sound or voice amplification systems or other mechanical sound
devices in any solicitation or peddling.
N.
To refuse to show the issued license and/or proper identification
when asked.
Any police officer may require any person observed engaging
in peddling or soliciting to produce his or her license issued as
required by this chapter and enforce the provisions of this chapter
against any person violating same. Any violations of this chapter
shall be reported by the police officer to the Village Clerk-Treasurer,
in addition to any enforcement action which may be taken by the police
officer.
Any person convicted of violating any provision of this chapter
shall be deemed to have committed a violation and shall be punished
for each violation by a fine not to exceed $250, a term of imprisonment
not to exceed 15 days, or by both such fine and imprisonment. If not
already revoked by the Board of Trustees, a conviction shall result
in the automatic revocation of any issued license from the individual
concerned and any company, business, or corporation he or she may
represent.
The Superintendent of Public Works will ensure that each entrance
to the Village of Dansville is posted with signage indicating that
peddling permits are required.
Before a license is issued, the applicant therefor shall file
with the Village Clerk-Treasurer a cash deposit or bond, in an amount
not less than $100 and not more than $500, the amount to be fixed
by the Mayor in proportion to the estimated amount of business to
be done under such license, conditioned that such person or corporation
will make a full and complete report of the gross amount of sales
made in such transient retail business in the Village of Dansville,
and shall file such reports as may be required with the Village Clerk-Treasurer,
and will faithfully comply with the General Municipal Law in relation
to taxation of transient merchants and with the provisions of this
article and will pay the amount of the tax therein levied, said bond
to be approved by the Village Attorney as to form and manner of execution
and by the Mayor as to its sufficiency.
The person or corporation licensed to conduct a transient business
in the Village of Dansville shall, before the beginning of said business,
file with the Village Clerk-Treasurer, a verified report of the stock
on hand, the aggregate value thereof, with which it is intended to
conduct said business; shall thereafter as further stock is received,
within two days after the receipt thereof, file a verified report
with the Village Clerk-Treasurer of such added stock and of the aggregate
value thereof, and shall on Monday of each week file a verified report
of the stock sold during the preceding week and the amount of which
the same was sold, and at the completion of said transient retail
business shall file a verified report setting forth the total amount
of stock and the total amount for which it was sold.
