[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa 9-3-1985 as Ch. 17 of the 1985 Code. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Village of Minoa Peddlers and Solicitors Law."
[Amended 8-18-2008 by L.L. No. 4-2008]
As used in this chapter, the following terms
shall have the meanings indicated:
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, except for milk, newspapers and food distributed on
regular customer routes and the service and sale of prepared foods.
For purposes hereof, "prepared foods" shall mean foods prepared by
means of a heat source at or near the time and point of sale.
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
or by telephone takes or offers to take, orders for goods, wares or
merchandise, books, magazines, periodicals or any other item or items
of value (except for newspapers, dairy products or milk, or prepared
foods), 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 by telephone or 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.
Generally. Nothing in this chapter shall be held to
apply to any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
By any person selling personal property at wholesale
to dealers in such articles.
[Amended 3-20-2000 by L.L. No. 1-2000]
(3)
By persons under the age of 18 years.
[Amended 3-20-2000 by L.L. No. 1-2000]
(4)
Of meats, fish, fruit and farm produce by farmers
and persons who produce such commodities.
[Amended 3-20-2000 by L.L. No. 1-2000]
B.
Interstate commerce.
(1)
This chapter shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce shall apply to the licensing officer for a certificate of compliance, using the form of application described in Subsection A of § 110-5; the applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.
(2)
Certificate of compliance. When the applicant shall
establish to the satisfaction of the licensing officer that he or
she is engaged in interstate commerce, the licensing officer shall
issue, without charge, a certificate of compliance stating, among
other things, that such person has complied with the requirements
of this section and has satisfactorily established that the applicant
is engaged in interstate commerce. Such certificate shall be carried
with the person exercising it and shall be exhibited upon demand.
Each certificate shall be invalid after one year from its date of
issue. The securing of any such certificate by fraud or misrepresentation
by any person not in fact engaged in interstate commerce shall constitute
a violation of this chapter.
It shall be unlawful for any person within the
limits of the village to act as a hawker, peddler or solicitor as
herein defined or assist the same without first having obtained and
paid for, and having in force and effect, a license or a certificate
of compliance. [NOTE: The Mayor is the licensing officer unless the
Mayor designates another village officer, in writing. (Village Law
§ 4-400, Subdivision 1, Paragraph m.)]
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 vehicles 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 or she
desires to sell, or the kind of service he or she 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, give the date of conviction, nature
of offense, penalty imposed and name and address of the court.
(6)
The name and address of the person, firm or corporation
he or she represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the licensing
officer to substantiate the above items.
B.
If applicable, such application shall be accompanied
by a certificate from the Director of Weights and Measures of the
County certifying that all weighing and measuring devices to be used
by the applicant have been examined and approved.
[Amended 3-20-2000 by L.L. No. 1-2000]
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 in an
amount to be established from time to time by resolution of the Board
of Trustees, or a surety company bond or other bond (in said amount)
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 that order, and if the
order or services are not delivered or rendered, 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. The 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 Board
of Trustees.
A.
Licensing officer to issue or deny. Upon the filing of the application, bond and certificate as provided in the preceding section, and payment of the required fee, the licensing officer shall, upon his or her approval of such application, issue to the applicant a license as provided in § 110-4. A license may be refused if the applicant has 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 or her judgment, shall be an undesirable person or incapable of properly conducting the trade or business for which the license is sought.
B.
Appeal to Board of Trustees. Any applicant who has
been refused a license by the licensing officer may apply to the Board
therefor, which may grant or refuse the license.
A license shall not be assignable. 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 violation.
Whenever a license shall be lost or destroyed,
a duplicate in lieu thereof, under the original application and bond,
may be issued by the licensing officer upon the filing with him or
her 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 that 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 his or her license,
the date of issuance and expiration of the license, the fee paid and
the name and address of the licensee.
Such license shall be for such term as requested
by the applicant but shall expire not later than the next succeeding
first day of January.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
[Amended 3-20-2000 by L.L. No. 1-2000]
The license fee for each person licensed as
a hawker, peddler or solicitor shall be in such amount as from time
to time shall be established by resolution of the Village Board of
the Village of Minoa.[1]
[Amended 3-20-2000 by L.L. No. 1-2000; 8-7-2018 by L.L. No. 2-2018]
A license issued pursuant to this chapter may
be revoked after a public hearing held by the Village Board of Trustees
after due notice to the licensee or, at the option of the licensing
offer, by a judicial action or proceeding. All constitutional safeguards
shall be afforded the licensee at such hearing. Pending the outcome
of any such revocation hearing or judicial action or proceeding, the
licensing offer may, in his/her sole discretion, suspend any such
license issued pursuant to this chapter.
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 or her 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 or her goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he
or she permit his or her cart, wagon or vehicle to stand on any public
highway within 200 feet 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, device or false representation
obtain or attempt to obtain admission to the house, garage or other
property of any person in the village.
[Amended 3-20-2000 by L.L. No. 1-2000]
E.
No peddler or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his or her wares, or shout or cry out his or her wares, except in accordance with the provisions of Chapter 98 of this Code.
[Amended 3-20-2000 by L.L. No. 1-2000]
F.
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 or she is not intending to sell or otherwise
enter into a contract with any person in the household.
H.
Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the
Village of Minoa for the purpose of vending, peddling or soliciting
an order for any merchandise, device, work, services, book, periodical
or printed matter whatsoever; nor for the purpose of soliciting alms
or a subscription or a contribution to any church, charitable or public
institution; nor for the purpose of distributing in person any handbill,
pamphlet, tract, notice or advertising material; nor for the purpose
of selling or distributing any ticket or chance whatsoever without
the consent of the occupant of said premises previously given.
I.
Any contract or sale made in violation of Subsections A, B, C, D, G or H or § 110-16, or without the necessary license, shall be null and void and of no effect as to the person solicited, and any 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 or her 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 of the contract 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.
[Amended 3-20-2000 by L.L. No. 1-2000]
Any person who violates any of the provisions of this chapter shall be guilty of a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter 113.
