As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
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.
HAWKER and PEDDLER
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.
SOLICITOR
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.
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.
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.
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 license issued pursuant to this chapter may be suspended or
revoked as provided in the Village Law.
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.