As used in this chapter, the following terms shall have the
meanings indicated:
OFFICER IN CHARGE
The officer in charge of the Town of Woodbury Police Department
is authorized by the Chief of Police to perform the acts of the Chief
of Police for the purposes of this chapter.
PEDDLER, HUCKSTER, HAWKER, VENDOR AND SOLICITOR
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by going
from house to house, place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor.
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure, parking lot or
structure of any kind intended to be used or occupied for the period
of time necessary to peddle, vend or solicit the merchandise sold
therein. In all prosecutions for the violation of this chapter, the
intent of the defendant to conduct an established place of business
shall be a material fact, and the burden of proving such intent shall
be upon the defendant in such prosecution.
It shall be unlawful for any person within the territorial limits
of the Village of Woodbury to act as a peddler, huckster, hawker,
vendor or solicitor as herein defined without first having obtained
and paid for and having in force and effect a license therefor.
This chapter shall apply to veterans and their widows holding
licenses issued by the County Clerk of Orange County or otherwise
under § 32 of the General Business Law of the State of New
York, who are hereby prohibited from violating any of the provisions
of this chapter and are required to obtain a local license from the
Village of Woodbury as herein provided.
Every applicant for a license shall submit to the Village Clerk
a written verified application, setting forth the following information:
A. Name, age and address of the applicant.
B. Permanent home residence and the address of his current place of
sojourn if different from his home address.
C. Name and address of all entities whose products he intends to sell
or for which he intends to solicit orders.
D. That he/she has never been convicted of a felony or misdemeanor or,
if so, giving the details.
E. A detailed statement of the particular business, trade or occupation
for which the license is requested.
F. All municipalities (name and state) in which the applicant has carried
on the business of peddling, huckstering, hawking, vending or soliciting
orders during the six months immediately preceding the application.
G. A statement of the name, address and telephone number of any person
and of any corporation supervising the applicant's local selling
activities under a contractual or employment arrangement.
H. The number and kind of vehicles, if any, to be used by the applicant
in carrying on the business for which the license is requested.
I. The kinds of goods, wares and merchandise he desires to sell or the
kind of service he desires to render.
J. Copies of all forms of order and of receipt used by the applicant
in soliciting sales or orders.
K. The names and addresses of all partners, if a partnership, and the
names and addresses of the principal officers, if a corporation.
L. The name and address of a person upon whom a legal notice or process
may be served.
M. Appended to the application, a letter of authorization from each
entity supplying any property or services to be sold or for which
orders are to be solicited by the applicant.
N. If the applicant is a nonprofit corporation of the State of New York,
a certified copy of its certificate of incorporation, together with
any amendments or supplements thereto, and a copy of the letter from
the federal government declaring such organization to be exempt.
O. The applicant will voluntarily submit to fingerprinting for the purpose
of positive identification. Upon completion of this process, the fingerprint
card(s) will be returned to the applicant.
P. Such other information as may be required by the Village Clerk.
The license fee to peddlers, hucksters, hawkers, vendors or
solicitors shall be $100, which permit shall be in effect for 60 days
and may be renewed for an additional sixty-day period upon payment
of an additional fee of $100. The licensing fee for a permit of 60
days or more shall be $400 and shall expire on December 31 of the
year in which it is obtained.
Any person aggrieved by the action of the Chief of Police or officer in charge or of the Village Clerk in the denial of a license, as provided in §
234-7 of this chapter, shall have the right of appeal to the Village Board. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in §
234-12 of this chapter for notice of hearing on revocation. The decision of the Village Board on such appeal shall be final and conclusive.
Whenever the Village Clerk shall have information and belief that any person to whom a license has been issued under this chapter has violated any of the provisions of this chapter or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Village Clerk shall immediately suspend the license temporarily and give the license holder written notice by certified mail of a hearing to be held within 10 days of such temporary suspension to determine whether or not the license should be suspended. This notice must contain a statement of the facts upon which the Village Clerk has acted in suspending the license. If, after such hearing, the Village Clerk finds that the chapter has been violated and the purpose of the solicitation has been misrepresented, he or she shall, within 10 days after the hearing, suspend the license and give the applicant written notice of the suspension and the reasons therefor. Such suspension shall be appealable to the Village Board in the manner set forth in §
234-10 of this chapter, except that the Village Clerk shall bear the burden of proof. Any conviction of the license holder, its employees, agents or representatives of a violation of any provision of this chapter shall be prima facie grounds for suspension.
It shall be the duty of the Village Clerk 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, the name
and residence of the person licensed, the amount of the license fee
paid and also the date of revocation of all licenses revoked.
Any person committing an offense against any provision of this
chapter shall, upon conviction, 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 continuance of an offense
for each day (24 hours) shall be deemed a distinct and separate violation.
This chapter is enforceable by the Town of Woodbury Police.