[HISTORY: Adopted by the Common Council of the City of Hudson 5-26-1998
by L.L. No. 6-1998 (Ch. 80 of the 1973 Code). Amendments noted where applicable.]
This chapter is enacted by the City of Hudson for the purpose of regulating
transient peddling, vending and soliciting in order that the peace, health,
safety, welfare and good order in the City and its inhabitants shall not be
endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling and Soliciting
Law of the City of Hudson."
As used in this chapter, the following terms shall have the meaning
indicated:
A permanent building, store or depository for the transaction of
business.
The selling, bartering or trading or offering to sell, barter or
trade any goods, wares, commodities or services.
Includes, unless otherwise herein provided, any person who engages
in merchandising any goods, wares, commodities, books, periodicals or services
or who solicits contributions of goods or moneys by going from house to house
or place of business to place of business or in any public street or public
place.
Includes any individual, firm, partnership, limited-liability company,
corporation and unincorporated association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction of this
chapter to act as a peddler, vendor or solicitor, as herein defined, without
first having duly obtained, and having in force and effect, a license therefor.
A.
An application for a license shall be submitted not less
than 48 hours prior to issuance in person by the applicant and shall contain
the following information:
(1)
Name and description of the applicant.
(2)
Address of the applicant (local and legal).
(3)
Name of the firm or company where the applicant is employed.
(4)
Address of the firm or company where the applicant is
employed.
(5)
Description of any motor vehicle to be used, along with
the license number.
(6)
Brief description of the nature of the business and the
kind of goods or property to be peddled or solicited.
(7)
Date and length of time the applicant desires the license.
(8)
Date and place of conviction of any offense other than
a traffic infraction.
B.
The City Clerk may require a letter of authorization
from the firm or company which the applicant purports to represent.
C.
Each person peddling or soliciting for the same firm
or company may be required to file a separate application.
D.
The City Clerk may complete a background check on the
applicant and the employer prior to issuance of a license or require sufficient
information to complete such check after issuance of a license including two
recent photographs (within six months), a copy of driver's license or other
satisfactory photo government identification, and the right thumb print affixed
to the application.
Upon receipt of the application and of the license fee and if reasonably
satisfied with the applicant's qualifications, the City Clerk shall issue
a license to the applicant specifying the particular business authorized and
the location wherein it may be conducted. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business licensed. The license shall be produced upon the demand of any
public official, prospective buyer or law enforcement officer. The licensee
shall exhibit the license sticker provided by the Clerk on the outside of
any vehicle or other apparatus used. The license may be revoked or suspended
by the City Clerk if a subsequent background review leads the Clerk to believe
that the applicant's qualifications were or are unsatisfactory.
The licensing period shall be on a daily, monthly or annual basis, and
fees for the same shall be as determined by the Common Council by resolution,
from time to time. Such license shall not be transferable and shall so state
on the face thereof.
The provisions of this chapter shall not apply to the following:
A.
An honorably discharged soldier, sailor or marine who,
as a result of injuries received while in the naval or military services of
the United States, has procured a license from the Columbia County Clerk as
provided by the General Business Law of the State of New York.
B.
Any person soliciting at the express invitation of the
person solicited or serving any established customer.
C.
A wholesaler selling articles to dealers or merchants
who have an established place of business within the City.
D.
A truck gardener or farmer who himself or through his
employees vends, sells or disposes of products of his own farm or garden.
E.
A child permanently residing in the City of Hudson and
attending any public, parochial or private school located in the City of Hudson
or within the Hudson City School District; or a representative of any established
church maintaining a place of worship within the City or the Town of Greenport;
or a member of a veteran's organization, provided that such organization has
and maintains a chapter, post, lodge, camp or other group within the City
of Hudson or the Town of Greenport; or a member of a fraternal organization
or civic group, provided that such fraternal organization or civic group maintains
a chapter or local organization within the City of Hudson; and further provided
that any person coming within the provisions of this exemption shall only
peddle, vend or solicit in connection with an authorized activity of the organization
of which such person is a member or the school which such person attends.
F.
Auction sales held pursuant to law by a sheriff or other
officer authorized by law to conduct such sale.
G.
This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
A licensed peddler, vendor or solicitor shall not:
A.
Call attention to his goods by blowing a horn, by shouting
or crying out or by any loud or unusual noise.
B.
Frequent any street in an exclusive nature so as to cause
a private or public nuisance.
C.
Stand or permit the vehicle used by him to stand in one
place in any public place or street for more than 10 minutes, nor in front
of any premises, for any time, if the owner or the lessee of the adjacent
land objects.
D.
Sell confectionery or ice cream within 250 feet of any
school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E.
Solicit door-to-door before 9:00 a.m. or after 6:00 p.m.
without the prior written consent of the person to be solicited.
A.
Licenses issued under the provisions of this chapter
may be revoked by the City Clerk of the City of Hudson after notice and hearing
for any of the following causes:
B.
Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid
and certified mail, return receipt requested, to the licensee at the address
listed on the license at least five days prior to the date set for hearing.
C.
The City Clerk, upon receiving information giving reasonable
cause to believe that the holder of any license issued hereunder has violated
any provisions of this chapter or has been convicted of any violation referred
to in this section, may forthwith temporarily suspend such license until a
hearing is held, as provided herein, and the City Clerk shall have issued
a determination thereon.
D.
If the licensee has one or more employees, the revocation
hereunder shall apply to the licensee and all employees if either he or any
one or more of his employees are determined to be in violation of this chapter.
Any person aggrieved by the action of the City Clerk in the denial of an application for a license, as provided in § 217-6 of this chapter, or in the decision of the City Clerk with reference to the revocation of a license, as provided in § 217-10 of this chapter, shall have the right to appeal to the Mayor of the City of Hudson. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Mayor shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant at his address at least five days prior to the date set for the hearing. The decision and order of the Mayor on such appeal shall be final and conclusive.
Any person who shall act as a peddler, vendor or solicitor, as herein
defined, without a license or who shall violate any of the provisions of this
chapter or who shall continue to act as a peddler, vendor or solicitor subsequent
to the revocation of his license shall be guilty of a violation and shall
be subject to a fine of $250 for each day on which the violation occurs.
