As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
A person or entity who sells or barters goods, wares, food
or merchandise on any public street, sidewalk or other public place.
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.
The selling or display for sale of goods, wares or
merchandise of any kind on, over, upon or in any sidewalk or within
35 feet in any direction from the paved portion of any state highway,
25 feet in any direction from the paved portion of any county road
and 15 feet in any direction from the paved portion of any Village
street is prohibited.
[Amended 7-16-1991 by L.L. No. 7-1991]
B.
No outdoor vendor shall vend within 200 feet of any
school building between 1/2 hour prior to the start of the school
day and 1/2 hour after dismissal at the end of the school day.
C.
No outdoor vendor shall vend within 200 feet of any
church when services are in session.
D.
No outdoor vendor shall vend at any location where
the sidewalk is under four feet in width.
E.
No outdoor vendor shall vend within 100 feet of the
main doorway of any building.
F.
No outdoor vendor shall vend within 200 feet of any
driveway entrance to a police or fire station or within 25 feet of
any other driveway.
G.
No outdoor vendor shall vend within 50 feet of a crosswalk
or at any intersection.
H.
The outdoor vendor shall not allow the stand or any
other item relating to the operation of the vending business to lean
against or hang from any building or other structure lawfully placed
on private or public property without the owner's permission.
I.
No vendor shall conduct business with persons in motor
vehicles.
J.
No outdoor vendor shall vend within 500 feet of another
vendor selling similar merchandise in a residential neighborhood.
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.
A.
Outdoor vendors who are required to obtain a Board
of Health license must acquire and display it in addition to the license
required by the Village.
B.
Regarding health and sanitation requirements for food
and beverage vending, no vendor shall sell food or beverage for immediate
consumption unless he or she has available for public use his or her
own litter receptacle which he or she maintains and makes available
for his or her patrons' use, nor shall he or she leave any location
without first picking up, removing and disposing of all trash or refuse
remaining from sales made by him or her.
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.
