[HISTORY: Adopted by the Board of Trustees of the Village of Canisteo 10-3-1960; amended in its entirety 5-24-2004 by L.L. No. 1-2004. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling and Soliciting Law."
This chapter is enacted for the purpose of regulating itinerant merchandising in order that the peace, health, safety, welfare and good order in the Village and of its inhabitants shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
Includes a building or store in which or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours.
HAWKERS and PEDDLERS
Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from a car or truck in any public place or by going from house to house or place of business to place of business, on foot or on or from an animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any food, wares or merchandise, except milk, newspapers and periodicals, fruit, home products, cosmetics and household goods.
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
SOLICITOR
Includes 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, except fruit, home products, cosmetics, household goods, newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
The provisions of this chapter shall not apply to the following:
A. 
Any person soliciting at the express invitation of the person solicited or serving an established customer.
B. 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Village or their employees for soliciting orders from customers and delivering the same.
C. 
Farmers and truck gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens.
D. 
A child regularly attending any public or parochial or private school or a representative of any established church maintaining a place of worship or a member of a veterans organization or a member of a fraternal or charitable organization or civic group. Any person coming within the provisions of this exemption shall only solicit or peddle in connection with an authorized activity of the organization of which such person is a member or the school which such person attends.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Any honorably discharged soldier, sailor or marine who has procured a license as provided by the General Business Law of the State of New York, who is a cripple as a result of injuries and who has otherwise complied with § 32 of said General Business Law.
F. 
Berry pickers who sell berries of their own picking.
G. 
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
H. 
Events such as Crazee Daze and other events as approved by the Board of Trustees.
I. 
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 Village limits of the Village of Canisteo, New York, 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.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form prepared and furnished by the Village of Canisteo, New York. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired; the kind of food, wares and merchandise he desires to sell or the kind of service he desires to perform; the method of distributions; the name, address and age of the applicant; the name and address of the person, firm or corporation he represents; the length of time the applicant desires the license; and such other information as may be required by the Village.
Upon the filing of the application as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license, as provided for in § 81-5, signed by the Mayor of the Village of Canisteo or the Deputy Mayor of Canisteo. Except as hereinafter provided, no license shall be refused except for the specific reason and for the protection of the public safety, health, morals or general welfare; the license shall not be assignable.
The duration and applicable license fee for solicitors shall be as set forth from time to time by resolution of the Board of Trustees.
The Mayor of the Village of Canisteo, or designee, may at any time, for a violation of this chapter or any other ordinance or any law, revoke any license granted. When a license shall be revoked, no refund for any unearned portion of the license fee shall be made. Notice of such revocation and the reason may be mailed to the applicant or given to him in person.
A licensed huckster, peddler, or solicitor shall:
A. 
Be in possession of the license issued at all times when peddling or soliciting, which shall be displayed upon request by any person.
B. 
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted, or diseased provisions or merchandise.
C. 
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
D. 
Not permit any vehicle used by him to stop or remain on any crosswalks.
E. 
Not 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.
F. 
Not sell any confectionery or ice cream or any food products, soft or hard, within 250 feet of any store which sells confectionery, such as ice cream products or food products, unless written permission is secured from said store. A written copy of said permission shall be in the possession of the Village Clerk.
Any person who, himself or by his clerk, agent or employee, shall act as a hawker, peddler or solicitor as herein defined, without a license or shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor shall, upon conviction, be punished by a fine of not more than $250 or not more than 15 days of imprisonment, or both, and each day on which such violation continues shall constitute a separate offense.
The provisions of this chapter 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 chapter.