[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield 2-11-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes one or more persons of either sex, natural persons, corporations, partnerships, limited partnerships, associations, joint-stock companies, societies, limited-liability companies, limited-liability partnerships, and all other entities of any kind capable of being sued.
- Includes 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 orders for goods, wares or merchandise except newspapers and mail, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
- VENDOR, HAWKER and PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any vehicle or any public street or public place or by going from house to house or place of business to place of business, on foot or on 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, services, or merchandise, except newspapers and mail.
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 persons under the age of 18 years who are selling goods for the benefit of nonprofit or charitable organizations such as the Oakfield-Alabama Central School organizations, Boy Scouts, Girl Scouts, community youth athletics or other similar youth or charitable groups; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms and gardens; to any honorably discharged soldier, sailor or marine who has procured a license, as provided by the General Business Law of the State of New York; or to berry pickers who sell berries of their own picking. This chapter shall also not apply so as to unlawfully interfere with interstate commerce. Provided, however, that those who shall be exempt from the terms of this chapter shall nevertheless consult with the Village Clerk-Treasurer before vending, hawking or peddling. If the Village Clerk-Treasurer determines that the proposed activity is exempt, no license from or registration with the Clerk-Treasurer shall be required.
It shall be unlawful for any nonexempt person within the corporate limits of the Village of Oakfield to act as a vendor, hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Village Clerk-Treasurer a written application upon a form furnished by the Village Clerk-Treasurer and shall file at the same time satisfactory proof of good character. Such proof of good character shall consist of references from a Better Business Bureau, Chamber of Commerce, law enforcement agency, or municipal Clerk within the area where the person lives or does business, or other similar reference. Such application shall give the number and kind of vehicle 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/she desires to sell or the kind of service he/she 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/she represents; the length of time the applicant desires the license; and such other information as may be required by the Village Clerk-Treasurer. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. 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 Oakfield, approved as to form and surety by the Village Clerk-Treasurer in the amount of $5,000, with a sufficient surety or sureties or sufficient collateral security conditioned for making a final delivery of the goods, wares or merchandise ordered or for services to be performed in accordance with the terms of such order, or, failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the Village of Oakfield for a period of 90 days after the expiration of any such license unless sooner released by the Village Board.
Upon the filing of the application, bond and certificate as provided in § 197-4, the Village Clerk-Treasurer shall, upon her approval of such application, issue to the applicant a license as provided in § 197-3, signed by said Clerk-Treasurer, within 24 hours from completion of review of the application by the Clerk-Treasurer. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. 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 be guilty of a violation of this chapter. Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Village Clerk-Treasurer upon the filing with her by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or services to be rendered, the number of his license, the date of issuance and expiration of the license fee paid and the name and address of the licensee. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 18 years of age. No applicant to whom a license has been refused or who has a license which has been revoked shall make further application until a period of at least one year shall have elapsed since the last previous rejection or revocation unless he/she can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him/her and shall exhibit the same upon demand.
The license fee shall be $50 per day, and if the licensee shall have more than one person to whom or vehicle for which he/she desires a license issued, there shall be an additional fee of $50 for each license so issued.
The Village Clerk-Treasurer may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Village Clerk-Treasurer upon the person named in the application or by mailing the same to the address given in the application.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. or after 5:00 p.m. No soliciting or peddling may be done on any Sunday.
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No peddlers," "No solicitors," "No agents," or other similar wording, the purpose of which is to prohibit or prevent peddling or soliciting on the premises.
Every peddler or solicitor shall carry with him/her photographic identification which also shows the company for which the peddler or solicitor works or conducts business.
No peddler or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article or service offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission into the house or garage of any person or business in the Village of Oakfield.
No peddler or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or services or shout or cry out his wares or services unless they are of such a unique nature as so approved by the Village Clerk-Treasurer.
It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares, services or merchandise.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, made in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk-Treasurer to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license fee paid and the date of revocation of all licenses revoked.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who, himself or by his clerk, agent or employee, shall act as a vendor, hawker, peddler or solicitor, as herein defined, without a license or shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a vendor, hawker, peddler or solicitor shall be liable to a fine of not more than $250 per day or to imprisonment for not more than 15 days, or both such fine and imprisonment, for each offense.
All fees, collections and fines collected by the Village Clerk-Treasurer shall be deposited to the credit of the general fund and collections and deposits so reported at the first regular Board Meeting of the Village Board after such collections and deposits.