[HISTORY: Adopted by the Board of Trustees of the Village of Little Valley. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where the person transacts business and deals in the goods, wares or merchandise he hawks, peddles or solicits for during regular hours of business daily.
HAWKER and PEDDLER
Any person, either principal or agent, who, in any public street or public place, or by going from house to house or from place of business to place of business, on foot or on or from any vehicle or animal, sells or barters, offers for sale or barter, or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and periodicals.
SOLICITOR
Any person who goes from place to place or house to house, who solicits, requests or accepts orders by telephone or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except milk, newspapers or periodicals, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
It shall be unlawful for any person, except as provided in § 179-3 below, within the Village limits to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for, and having in force and effect, a license therefor.
A. 
Generally. Nothing in this article shall apply to sales conducted pursuant to statute or by order of any court, or to any persons selling personal property at wholesale to dealers in such article. The licensing provisions of this article shall not apply to merchants having an established place of business within the Village, or their employees; to farmers and truck gardeners, who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; or to veterans properly exercising a license issued pursuant to the General Business Law, but all such persons shall observe the provisions of § 179-7 hereof.
B. 
Certificate of compliance. This article also shall not apply so as unlawfully to interfere with interstate commerce, and to that end, all persons claiming any of the exemptions hereinabove set forth shall apply to the Village Clerk for a certificate of compliance, using the form of application described in § 179-4; the applicant shall also submit to the Village Clerk satisfactory evidence that he is engaged in interstate commerce if this person relies on this exemption. When the applicant shall have established to the satisfaction of the Village Clerk that he is engaged in interstate commerce, or is entitled to one of the above exemptions, the Village Clerk shall issue to him, without charge, a certificate of compliance, stating among other things, that such person complied with the requirements of this section and has satisfactorily established that he is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this article.
C. 
The licensing provisions of this chapter shall not apply to 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. III)]
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form provided by the Village Clerk, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles to be used by the application in carrying on business for which the license is desired, the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the name, permanent address and age of the applicant, the name and address of the person he represents, the length of time the applicant desires a license, and such other information as may be required by the Village Clerk to properly administer this chapter.
A. 
Grant; refusal. Upon the filing of the application as provided in § 179-4, the Village Clerk shall, upon approving such application as to form and contents, issue to the applicant a license as provided in § 179-2 hereof. 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 the general welfare.
B. 
Use. 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 article.
C. 
Contents. 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, if any, to be used, and the kind of goods, wares or merchandise to be sold or service to rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
D. 
Display. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand, or if engaged in telephonic solicitation, shall upon each completed call immediately state his name and address and the number of his license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Annual or daily licenses may be obtained. The person seeking a license under this chapter shall pay to the Village Clerk at the time of the issuance of said license a fee in an amount as set forth in the Village Fee Schedule.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the Village office.
A. 
Quality of merchandise. A huckster, peddler or solicitor shall not falsely or fraudulently represent the quantity, character or quality of any article offered for sale; or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
Sanitary conditions. A peddler or solicitor shall keep the vehicles and receptacles used by him or her in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
C. 
Noises. A peddler or solicitor shall not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry his wares.
A. 
The Mayor may at any time, for a violation of this article or any other ordinance, revoke the license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made.
B. 
Notice of such revocation and the reason or reasons therefor in writing, shall be served upon the person named in the application by delivering the same to him personally or by mailing same to the address given in the application; such revocation shall be immediately effective if served personally and shall become effective 24 hours after mailing if served by mail.
C. 
Licenses obtained by fraud or misrepresentation of any material fact shall be wholly invalid and shall be surrendered upon demand; no refund of the license fee shall be made.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both, for each offense.