[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 5-31-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a building or store in or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barters, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value.
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value, 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, however, also mean and include any person taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value, or for services to
be performed in the future or for making, manufacturing or repairing
any article or thing whatsoever for future delivery at the home or
residence of any person who has been solicited prior thereto and has
responded to any type of advertising media requiring an appointment
or consultation or sales presentation in the home or place of residence
of such person.
A.
Nothing in this chapter shall be held to apply to any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
To any person selling personal property at wholesale to dealers in
such articles.
(3)
To persons under the age of 18 years.
(4)
To any honorably discharged member of the armed forces or any other
person who has procured a license issued by the County Clerk as provided
by § 32 of the General Business Law of the State of New
York.
B.
Nonprofit organizations and persons working for such organizations
shall also be exempt. However, such organizations shall register annually
with the Village Clerk in the event they plan to engage in vending,
hawking, peddling or soliciting, and shall indicate the type of activities
to be undertaken and the time when they will be performed.
C.
Also exempt
is 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. I)]
It shall be unlawful for any person within the corporate limits
of the Village to act as a hawker, peddler or solicitor, as herein
defined, or assist same without first having obtained and paid for
and having in force and effect a license therefor.
A.
Any person desiring to procure a license as herein provided shall
file with the Village Clerk a written application upon a form furnished
by the Village Clerk and shall file at the same time satisfactory
proof of good character. Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant in carrying
on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires to sell or the
kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of a misdemeanor
or felony, and if so, the date of conviction, nature of offense, penalty
imposed and name and address of court.
(6)
The name and address of the person, firm or corporation he represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the licensing officer.
(9)
When the license requested is to sell prepared food the applicant
shall provide evidence of a valid Health Department permit at the
time of application.
(10)
Application must be approved by the Avon Police Department. The Chief
of Police has the authority to suspend or revoke a license for cause.
[Amended by L.L. No. 3-2003]
B.
If applicable, such application shall be accompanied by 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.
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 deposit of $5,000 or a surety
company bond of $5,000 or other bond secured by sufficient collateral,
said bond to be approved by the Village Attorney as to form and surety
conditioned for 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 on such
order be refunded. Any person aggrieved by the action of any licensed
solicitor shall have the right by action on 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.
A.
Upon the filing of the application, bond and certificate as provided in the preceding section, the licensing officer shall, upon approval of such application, issue to the applicant a license as provided in § 17-3. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which in the judgment of the licensing officer renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The licensing officer may also refuse a license to any person who in his judgment shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.
B.
Any applicant who has been refused a license by the licensing officer
may apply to the Village Board therefor, and the same may be granted
or refused by the Village Board, except as prohibited by law.
Any holder of any 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 misdemeanor.
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 licensing
officer upon the filing with him by the licensee of an affidavit setting
forth the circumstances of the loss, and what, if any, search has
been made for its recovery.
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
to be used, the kind of goods, wares and merchandise to be sold or
service to be rendered, the number of the license, the date of issuance
and expiration of the license, fee paid and the name and address of
the licensee.
Such license shall be for such term as requested by the applicant
but shall not exceed 365 days. A one-day license shall not be issued
to any licensee more than once in any calendar year. A thirty-day
or ninety-day license shall not be issued more than twice in any calendar
year.
Every licensee, while exercising his license, shall carry the
license with him and shall exhibit the same upon demand or attach
or display the license in plain sight on any vehicle used in carrying
on the business for which the license has been issued.
A.
The license fee schedule for each person licensed as a hawker, peddler,
or solicitor is as follows:
B.
The license fee for each person licensed to assist a hawker, peddler
or solicitor shall be $10 for a period of six months or less and $15
for a period in excess of six months but for not more than one year.
C.
For the purpose of this chapter, a person who assists a hawker, peddler
or solicitor shall be deemed to be any person who participates in
delivering merchandise or any other items sold, performs any services
in or about the customer's premises or otherwise generally renders
aid or assistance, except participation in selling or soliciting orders.
A license issued pursuant to this chapter may be suspended or
revoked as provided in the Village Law.
A.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after the hour of 7:00 p.m. of any day except upon
the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor in plying his trade
to ring the bell or knock upon or enter any building whereon there
is painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "no peddlers," "no solicitors,"
"no agents," or other wording, the purpose of which purports to prohibit
peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his goods or wares
within 200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor shall he permit his cart, wagon
or vehicle to stand on any public highway within said distance of
such school property.
D.
No peddler or solicitor shall falsely or fraudulently misrepresent
the quantity, character or quality of any article offered for sale.
No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Town.
E.
No peddler or solicitor shall blow a horn, ring a bell or use any
other noisy device to attract public attention to his wares, or shout
or cry out his wares.
F.
Except with a one-day license or as approved by the Village Board,
it shall be unlawful to create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise.
G.
No peddler or solicitor shall represent or state or otherwise indicate
that he is not intending to sell or otherwise enter into a contract
with any person in the household.
H.
No peddler or solicitor shall, in order to effectuate or assist in
any sale or solicitation, represent that he is engaged in any contest
or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.
I.
Any contract or sale made in violation of § 17-14D, G, or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing made in duplicate, stating the terms thereof and the
amount paid in advance, and one copy shall be given to the purchaser
at the time the deposit is paid to the solicitor.
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 fee
paid and the date of revocation of all licenses revoked.
A violation of any provision of this chapter shall constitute
a violation pursuant to the Penal Law. However, in no case shall the
fine imposed exceed $250 per violation. Each calendar day on which
any violation of any provision of this chapter shall occur shall constitute
a separate violation.
