[HISTORY: Adopted by the Board of Trustees
of the Village of Orchard Park 2-11-2019 by L.L. No. 4-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 148.
Noise — See Ch. 154.
Parades, processions and gatherings — See Ch. 162.
Streets and sidewalks — See Ch. 187.
Vehicles and traffic — See Ch. 200.
Fees — See Ch. A232.
[1]
Editor’s Note: This local law also repealed former Ch.
166, Peddlers and Solicitors, adopted 12-3-1979 by L.L. No. 6-1979
(Ch. 17 of the 1979 Code).
The purpose of this article shall be to improve and promote
the health, safety and general welfare of the community, and the preservation
and protection of the property of the Village of Orchard Park and
its inhabitants, by declaring and enforcing certain regulations and
restrictions pertaining to peddling and soliciting.
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
Words and terms defined. As used in this article, the following terms
shall have the meanings indicated:
Any person who shall engage in peddling as herein defined.
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,
upon any of the streets, roads or highways or from house to house
within the Village of Orchard Park.
Any natural person, association, partnership, firm or corporation.
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery upon any of the streets,
roads or highways or from house to house within the Village of Orchard
Park.
Any person who shall engage in soliciting as hereinabove
defined.
B.
Definitive description. In this article, the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling within the
Village of Orchard Park without procuring a permit from the Village
Clerk.
A.
No permit shall be issued until an application has first been filed
with the Village Clerk by the person seeking the same. The application
shall require the applicant to set forth his name, address, his sex,
his race, his age, his previous criminal record, if any; the name
and address of the person for whom he works, if any; the type or types
of article, device, subscription, contribution, service or contract
which he desires to sell or for which he desires to solicit within
the Village of Orchard Park; the length of time for which he wishes
the permit to be issued, not exceeding 60 days; the type of vehicle
he uses, if any, and its registration number. Such application shall
be referred to the Police Department for approval, and after such
approval has been received, the applicant shall be eligible for the
issuance of such permit.
B.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be required
to be given for each helper, and an individual permit shall be required
and issued to each helper. No permit issued under this article shall
be transferable from one person to another.
C.
The police officer designated by the Police Chief to order and review
criminal records ("Criminal Records Officer") may cause the fingerprints
of any applicant for a peddling or soliciting permit and any applicable
fee to be forwarded to the Division of Criminal Justice Services (DCJS)
in the form and manner as prescribed by DCJS for a complete criminal
background and investigation upon receipt of the appropriate fee from
the applicant.
D.
The Criminal Records Officer, the Village Mayor, and the Village
Attorney shall review the criminal history record information (CHRI)
disseminated by DCJS in connection with the applicant's criminal
background and investigation.
E.
In making the determination of the applicant's fitness for the
requested permit, based upon the information provided by DCJS, New
York State Correction Law §§ 701 through 703b and §§ 751
through 753 shall be given due consideration.
Each solicitor or peddler shall be issued a permit unless he
shall have been convicted of a crime involving moral turpitude, or
engaged in a business not permitted by law. This permit shall be valid
all days between the hours of 9:00 a.m. and 6:00 p.m. from the date
of issuance for a period of 180 to 360 days thereafter, which permit
shall not be transferable, but shall be revocable in the event of
any violation of the terms and conditions thereof.
Every solicitor or peddler shall, at all times, while engaged
in soliciting and peddling within the Village carry the permit upon
his person and shall exhibit the same upon request to all persons
solicited or to any police officer within the Village. No solicitor
or peddler shall engage in selling or offering for sale, or in seeking
or taking orders or contracts for any goods, wares, merchandise, article,
device or subscription, nor shall any person use any vehicle for soliciting
or peddling other than the vehicle registered upon his license.
No person engaged in soliciting or peddling shall hawk or cry
his goods, wares, merchandise, offers, contracts or services upon
any streets, roads or highways within the Village, nor shall be use
any loudspeaker, horn or any other device for announcing his presence
by which members of the public are annoyed.
The Village Clerk of the Village of Orchard Park shall keep
a record of all vehicle registrations to whom permits have been issued
under this article, and the Police Department of Orchard Park shall
supervise the activities of all holders of such permits.
A.
Notwithstanding any of the provisions herein contained, any person,
corporation, partnership or association engaged in charitable, benevolent,
patriotic, religious or school purposes, native to the Village, or
engaged in selling produce or products raised in the Village which
are offered for sale, who are soliciting shall be permitted to obtain
a permit in compliance with the regulations hereof, without payment
of any fee therefor.
B.
Persons under 19 years of age shall not be required to register and
obtain a permit as heretofore provided for, in the event that they
are soliciting for any purposes directly connected with a religious,
charitable, benevolent, school or service organization native to the
Village of Orchard Park.
The Village Clerk shall keep a record listing the names and
numbers of persons to whom permits have been issued, the date of issuance
thereof and the expiration date of each permit.
Entering a private residence or place of business in the Village
of Orchard Park by a solicitor or peddler, as defined herein, for
the purpose of selling or offering for sale or for soliciting orders
for goods, wares, merchandise, contracts or personal services, or
remaining in a private residence or on the premises thereof, or any
place of business or on the premises thereof, after the owner or occupant
thereof shall have requested any solicitor or peddler to leave, or
going in and upon the premises of a private residence or place of
business by a solicitor or peddler, as defined herein, for any such
purposes when the owner or occupant has displayed a "no soliciting"
sign on such premises, is prohibited and is further declared to be
an offense.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be guilty of an offense and shall
be required to purchase a license as provided herein and shall be
sentenced to pay a fine not to exceed $100 or imprisonment not to
exceed 30 days, or both, for each and every offense.
This article shall take effect immediately upon filing with
the Secretary of State of the State of New York.
This article is enacted for the purpose of regulating the conduct
and business practices of transient merchants within the Village of
Orchard Park.
As used in this article, the following terms shall have the
meanings indicated:
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer; on a parking lot or vacant
parcel of land; on a part of public right-of-way; or in any other
place for a temporary period of time. Lack of a rental or leasing
agreement of three months' or more duration, sealed by monetary
consideration, shall be presumptive of a temporary situation. The
type of merchandise being offered for sale will have no bearing on
the designation.
The purpose of this article is to assist the government of the
Village of Orchard Park, the management of its business, the preservation
of good order and the peace, health, safety and welfare of its inhabitants
and the protection and security of their property.
A.
No person shall engage in business as a transient merchant unless
he shall first obtain a license to do so from the Village Clerk no
later than 14 business days before the first date of business.
B.
The fee for a transient merchant's license shall be at the rate as set forth in Chapter A232, Fees.
C.
Any honorably discharged member of the United States Armed Forces
who has procured a license under Article 4 of the General Business
Law of the State of New York shall obtain a license as required under
this article but shall be exempt from any fee.
D.
All license applications of transient retail merchants shall require
the approval of the Village of Orchard Park Police Department, Legal
Department and Building Inspection Department.
An application for a transient merchant's license shall
provide the following information:
A.
The address of the applicant's residence.
B.
The firm or firms represented, together with copies of documents
establishing the firm's state or county, form of organization,
ownership and qualifications to do business in the State of New York,
including but not limited to, doing business as certificates, certificates
of incorporation, certificate of authority from the New York Sales
Tax Department, disability and workers' compensation insurance
and the exact relationship between the firm and the transient merchant.
C.
A brief description of the firm and the kind of goods or commodities
the applicant desires to sell.
D.
The hotel, room or other location where the applicant proposes to
sell such merchandise, and the time during which said business is
to be conducted.
E.
Background check.
(1)
The police officer designated by the Police Chief to order and review
criminal records ("Criminal Records Officer") may cause the fingerprints
of any applicant for a transient retail merchant license and any applicable
fee to be forwarded to the Division of Criminal Justice Services (DCJS)
in the form and manner as prescribed by DCJS for a complete criminal
background and investigation upon receipt of the appropriate fee from
the applicant.
(2)
The Criminal Records Officer, the Village Clerk, and the Village
Attorney shall review the criminal history record information (CHRI)
disseminated by DCJS in connection with the applicant's criminal
background and investigation.
(3)
In making the determination of the applicant's fitness for the
requested permit, based upon the information provided by DCJS, New
York State Correction Law §§ 701 through 703b and §§ 751
through 753 shall be given due consideration.
This article shall not be held to apply to any of the following:
A.
Sales conducted pursuant to statute.
B.
Sales conducted pursuant to the order by any court.
C.
Any person selling personal property at wholesale to dealers in such
articles.
D.
The sale of fruits and vegetables raised on the property where being
sold.
E.
Persons soliciting, collecting or operating a sale on behalf of any
bona fide charitable educational, scientific, health, religious, patriotic
or other organization of worthy cause deemed to be in the public interest.
F.
Any person selling personal property at a garage sale held at his
residence.
The laws of the Village of Orchard Park, including but not limited to Chapter 225, Zoning, of the Village of Orchard Park shall apply to all licenses granted under this article. The Village reserves the right to revoke any license which violates such laws of the Village of Orchard Park.
Any person violating the provisions of this article shall be
guilty of a violation and, upon conviction thereof, shall be fined
not less than $100 nor more than $200 for each offense and, further,
shall be directed to obtain a license pursuant to this article, paying
the appropriate fee. Every day that a violation of this article shall
continue shall constitute a separate and distinct offense.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof for
any reason is held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this article.
All local laws or parts of local laws inconsistent or in conflict
with this article are hereby repealed to the extent of such conflict
or inconsistency.
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.
