This chapter shall be known as the "Village of Bloomfield Peddlers
and Solicitors Rules and Regulations."
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 or deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
SOLICITOR
Any person who goes from place to place or house to house
or who stands in any street or public place, taking or offering to
take orders for goods, wares or merchandise, or for services to be
performed in the future, or for making, manufacturing or repairing
any article or thing whatsoever for future delivery. The term "solicitor"
shall not apply to a person selling milk, newspapers and food distributed
on regular customer routes.
VENDOR, HAWKER and/or PEDDLER
Except as hereinafter expressly provided, any person, either
principal or agent, who, from any vehicle or in any public street
or public place or by going from house to house or place of business
on foot, offers for sale or barters or carries or exposes for sale
or barter any goods, wares or merchandise, except milk, newspapers
and food distributed on regular customer routes.
It shall be unlawful for any person within the limits of the
Village to act as a vendor, hawker, peddler or solicitor as herein
defined without first having obtained and paid for, and having in
force and effect, a license therefor.
Any person desiring to procure a license as herein provided
shall file with the Village Clerk/Treasurer a written application
upon a form furnished by the Village Clerk/Treasurer and shall file
at the same time satisfactory proof of good character. Such application
shall give:
A. The number, kind of vehicles and license plate number of each vehicle
to be used by the applicant in carrying on the business for which
the license is desired;
B. The kind of goods, wares and merchandise he desires to sell or the
kind of service he desires to perform;
C. The method of distribution;
D. The name, address and age of the applicant;
E. The name and address of the person, firm or corporation he represents;
F. The length of time the applicant desires the license;
G. If applicable, a certificate from the Sealer of Weights and Measures
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved; and
H. Such other information as may be required by the Village Clerk/Treasurer.
An application for a license as a solicitor who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a cash advance of $500 or a $500 surety
company or other bond secured by sufficient collateral, said bond
to be approved by the Village Attorney as to form, a surety conditioned
by making a final delivery of the goods, wares or merchandise ordered
or services to be performed in accordance with the terms of such order
or failing therein, that the advance payment of such order be refunded.
Any person aggrieved by the action of any licensed solicitor shall
have right by action of the bond for the recovery of money or damages,
or both. Such bond shall remain in full force and effect, and in case
of a cash deposit, such deposit shall be retained by the Village for
a period of 90 days after the expiration of any such license, unless
sooner released by the Village Board.
Upon the filing of the application, bond and certificate as provided in §
97-6, the Village Clerk/Treasurer shall, upon his approval of such application, issue to the applicant a license as provided in §
97-4, signed by the Village Clerk/Treasurer and setting forth the date of issuance and the effective date of said license, which latter date shall be three days after the date of issuance counting the date of issuance as the first day. 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 general welfare.
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 each be guilty
of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of
the holder or his agent or employee, a duplicate in lieu thereof,
under the original application and bond, may be issued by the Village
Clerk/Treasurer. A fee will be charged for the duplicate license.
No license shall be granted to a person under 18 years of age.
No applicant to whom a license has been refused or who has a license
which has been revoked shall make further application until a period
of at least six months shall have elapsed since the last previous
rejection or revocation, unless he can show that the reason for such
rejection no longer exists. Every licensee, while exercising his license,
shall carry the license with him and exhibit the same upon demand.
For license fees, see the Village's fee schedule on file in
the Village office.
The Village Clerk/Treasurer may, at any time, for a violation
of this chapter or any other provision of law, rule or regulation
revoke any license. When a license shall be revoked, no refund of
any unearned portion of the license fee shall be made. Notice of such
revocation and the reason or reasons thereof, in writing, shall be
served by the Village Clerk/Treasurer upon the person named in the
application or by mailing the same to the address given in the application.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be made in advance, in writing, and one copy shall be given to the
purchaser at the time the deposit is paid to the solicitor.
Any person violating the provisions of this chapter will be
guilty of an offense and, upon conviction thereof, shall be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both such fine and imprisonment. Each day's continuation
of the offense shall be considered a separate offense.