[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 7-11-1932 (Ch. 95 of the 1980 Code). 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 and merchandise he hawks, peddles or solicits for during regular business hours.
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 place of business to place of business, on foot or on or from any animal or vehicle, sells or barters, offers for sale or barters or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and periodicals.
PERSON
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 used.
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, except newspapers, periodicals 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.
A. 
Nothing in this chapter shall be held to apply to:
(1) 
Any sales conducted pursuant to statute or by order of any court.
(2) 
Any person selling personal property at wholesale to dealers in such articles.
(3) 
Merchants having an established place of business within the Village or their employees for soliciting orders from customers and deliveries of the same.
(4) 
Farmers and truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms and gardens.
(5) 
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.
(6) 
Berry pickers who sell berries of their own picking.
(7) 
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)]
B. 
This chapter shall also not apply so as unlawfully to interfere with interstate commerce and the sale of merchandise for charitable and education purposes.
It shall be unlawful for any person, within the corporate limits of the Village of Valatie, to act as 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 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 applicant in carrying on the 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, 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 Clerk of the Village. 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.
Upon the filing of the application, the Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 247-3. 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. Such license shall automatically expire on March 31 following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
[Amended 7-9-1936; 4-22-1980 by L.L. No. 13-1980; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For any person or persons using any type of a conveyance to hawk, peddle or solicit for a period of one year from April 1 to the succeeding March 31, or any part thereof, and all other licenses of any kind issued to hawk, peddle and solicit the fee shall be an amount as established by resolution of the Board of Trustees.
The Village may, at any time, for a violation of this chapter or any other ordinance or any law, revoke any license. When a license shall have been revoked, no refund of any unearned portion of the license fee shall be made.
A licensee shall:
A. 
Not falsely or fraudulently misrepresent the quantities, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
B. 
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.
C. 
Not 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.
D. 
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or lessee of the ground floor thereof objects.
E. 
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street, sidewalk or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
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, 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 of money is paid to the solicitor.
[Added 4-22-1980 by L.L. No. 13-1980]
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 be considered in violation of this chapter and subject to the penalties provided herein.
[Amended 4-22-1980 by L.L. No. 1-1980]
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.