As used in this chapter, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building or store located on a foundation in
which or where the person transacts or solicits business and deals
in the goods, wares, food, merchandise he or she sells during regular
business hours.
ITINERANT VENDOR
A person or entity who sells or barters goods, wares, food
or merchandise by going from house to house or place of business to
place of business, all on private property.
OUTDOOR VENDOR
A person or entity who sells or barters goods, wares, food
or merchandise on any public street, sidewalk or other public place.
SOLICITOR
A person or entity who takes orders for goods, wares or merchandise
or for services to be performed in the future or for making, manufacturing
or repairing any articles or thing whatsoever, all for future delivery
or service, which person does not operate an established place or
business within the Village.
Notwithstanding any other provision of this
chapter to the contrary, no person shall vend from house to house
or solicit orders for any goods, wares or merchandise within the Village
before the hour of 9:00 a.m. or after 6:00 p.m. or at any time on
Sunday or holidays. Outdoor vendors shall vend only between the hours
of 9:00 a.m. and 8:30 p.m.
No person shall by foot, animal or vehicle or
other means go in or upon any private land, public property or residence
within the Village for the purposes of soliciting an invitation or
request for any of the following purposes: to solicit orders on a
commercial basis, to sell goods, wares and merchandise, to dispose
of and/or peddle the same without obtaining a license and complying
with the provisions of this chapter.
The fact that an owner or occupant has failed
to post any sign or notice prohibiting solicitors or others from entry
on his or her premises shall not be construed as an invitation to
do so.
[Amended 12-20-2011 by L.L. No. 6-2011]
The Village Clerk shall obtain a report of all
convictions for violations of this chapter from the Town Justice Court.
The Village Clerk shall maintain a record for each license issued
pursuant to this chapter and record the reports or violations therein.
A vendor or solicitor shall not 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 his or her wares.
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 $5,000 surety company
bond 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 full recovery of money
or damage or both. Such bond shall remain in full force and effect
for a period of 90 days after the expiration of any such license,
unless sooner released by the Board of Trustees.
Orders which demand payment or deposit shall
be in writing, in duplicate, and the purchaser shall receive one copy.