As used in this chapter, the following terms shall have the
meanings indicated:
AUCTIONEER
One with intent to sell goods, either his own or property
of others, by means of competitive bid or fixed price at an advertised
public sale at a specific location.
FOOD VENDOR
A person, either principal or agent, who from any public
street or public place or by going from house to house on foot or
on or from any vehicle, sells or barters, offers for sale or barter,
or carries or exposes for sale any food or drink meant for immediate
consumption, either prepared on-site or packaged.
HAWKER, VENDOR or PEDDLER
A person, except as hereinafter expressly provided, either
principal or agent, who from any public street or public place, or
by going from house to house, on foot or on or from any vehicle, sells
or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise, books, magazines, periodicals
or any other item or items of value, except milk, newspapers, food
and drink meant for immediate consumption and food distributed on
regular customer routes.
No person, whether acting for himself or another, shall engage
in the pursuit or exercise of the occupation of auctioneering, hawking,
vending, peddling, soliciting orders and the crying of goods, wares
and merchandise, food for immediate consumption or other commodities
in the streets and public places and by going from house to house
in the Village of Walton, without first having obtained a license
from the Mayor of the Village of Walton, New York, countersigned by
the Village Clerk, and the receipt of the Village Clerk-Treasurer
endorsed thereon, and paying a license fee to be set by resolution
of the Village Board.
Fee exceptions shall be as follows:
A. Farmers and persons peddling fruit and farm produce who have produced
such commodities.
B. Hawking or peddling by an honorably discharged veteran of any war,
or who has served overseas in the armed services of the United States,
and who, under Article 4, § 32, of the General Business
Law, has been licensed by the Delaware County Clerk.
C. Nonprofit organizations, e.g., fire department, service clubs, public
school or organized church-sponsored fairs, exhibitions or sales,
including concessions of not more than three days' duration,
conducted on private property, and provided that all revenues after
expenses go to the benefit of such nonprofit organization. It will
be the responsibility of such organization to obtain a permit from
the Village Clerk-Treasurer and to control the operation of the event
or concession. The use of public parks, public parking lots and public
lawn areas by nonprofit organizations may be granted by the Board
of Trustees on a case-by-case basis following review by the designated
Village committee with responsibility for the site.
D. Yard, porch or garage sales of used personal/household goods conducted
wholly on the owner's property and at least three feet from the
property line for not more than three days per event and not exceeding
three events per year. A permit is required from the Village Clerk-Treasurer
for each event.
E. Vending conducted from booths, carts, tables, tents or other temporary
structures in the business district on either public streets or sidewalks
during Village-Board-defined community/special events. Community events
are Village-wide celebrations proclaimed by the Village Board of Trustees.
A special event is an event sponsored by a nonprofit organization
and approved by the Village Board.
Exemptions shall be as follows:
A. Private auctions are exempt from the hour limitations and the commercial
zone restrictions.
B. Lemonade stands, nightwalker sales, cookie sales or other similar
ventures conducted by minors on a sporadic basis.
C. 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)]
The enforcement of all rules and regulations specified or implied
in this vending law will be carried out by the Village Police and
the Village Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons violating the provisions of this chapter
shall be punishable by a fine not exceeding $250, imprisonment for
not more than 15 days, or both.