[HISTORY: Adopted by the Board of Trustees of the Village
of Geneseo 2-26-2018 by L.L. No.
2-2018. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating peddling
and soliciting in order that the peace, health, safety, welfare, and
good order of the Village of Geneseo 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 Geneseo, 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
Geneseo, 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 Geneseo, 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 Geneseo, 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.
It shall be unlawful for any person or company to peddle, hawk,
canvass or solicit within the Village of Geneseo without having obtained
a valid permit therefor from the Village Code Enforcement Officer.
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.
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.
H.
Yard/garage/driveway sales.
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 and of all other persons who
will engage in peddling or soliciting. Additionally, 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)
A 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)
If a vehicle is involved in the proposed peddling or solicitation,
the name and address of the owner of vehicle, proof of valid registration,
the vehicle license plate number, and proof of liability insurance,
and the name, address, and valid driver's license of the driver of
the vehicle.
(7)
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.
(8)
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.
(9)
A statement as to whether or not the applicant and all other persons
who will engage in peddling or soliciting have 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
charges, and the sentence imposed.
(10)
The application shall be accompanied by a photocopy of a valid driver's
license, or other official photo identification document acceptable
to the Chief of Police, for the applicant and all other persons who
will engage in peddling or soliciting.
B.
Upon receipt of such application, the Village Clerk-Treasurer shall
refer same to the Village of Geneseo Police Department for an investigation
of the applicant as deemed necessary by the Chief of Police for the
protection of the public good. Within three business 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 permit
should be issued to the applicant and, if the recommendation is that
the permit should not be issued, the reason(s) therefor.
C.
The Village Code Enforcement Officer shall grant or deny the permit
application after the Chief of Police's recommendation has been filed
with the Village Clerk-Treasurer.
The permit fees for all permits issued hereunder shall be as
set from time to time by resolution of the Board of Trustees.
A.
The permit issued pursuant to this chapter shall:
(1)
Be in the possession of every peddler or solicitor at all times when
peddling or soliciting, and shall be displayed upon request by any
person.
(2)
Be personal to the applicant and persons named in the application
and not transferable.
(3)
Continue in effect for the term specified in the permit application,
not to exceed 60 days.
B.
Revocation.
(1)
The permit 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
permit application.
(b)
Fraud, misrepresentation, or false statement made by the permittee
in the course of carrying on the business of peddling or soliciting.
(c)
The permittee's violation of this chapter or any other law of
the Village of Geneseo.
(d)
The permittee's conviction of any crime or misdemeanor.
(e)
The permittee's conducting of the 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
permittee, which notice shall be mailed by first-class mail to the
address in the permit application, or such other address as the permittee
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.
(3)
The Village Code Enforcement Office shall have the authority to suspend
the permit, pending the outcome of the hearing.
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 permit.
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 7:00 p.m. of any other day.
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 Geneseo 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,
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 Geneseo, or to barter, sell, or peddle any goods,
merchandise, or wares other than those specified in his or her application
for a permit.
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 permit and/or proper identification
when asked.
Any police officer may require any person observed engaging
in peddling or soliciting to produce his or her permit 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 and
the Village Code Enforcement Officer, in addition to any enforcement
action which may be taken by the police officer.
[Amended 9-14-2020 by L.L. No. 3-2020]
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. If not already revoked
by the Board of Trustees, a conviction shall result in the automatic
revocation of any issued permit 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 Geneseo is posted with signage indicating that peddling
permits are required.
