Except as hereinafter provided in §
197-20, no person shall solicit or vend goods, wares or merchandise within the boundaries of the Village without having first obtained a license therefor upon written application to the Village Clerk.
The application for the license required by
this article shall be made to the Village Clerk upon a form provided
by the Village Clerk setting forth the following information:
A. The name and residence address of the applicant.
B. The name and address of the applicant's employer or,
if self-employed, the applicant's business name and address.
C. The applicant's place or places of residence for the
past five years.
D. The applicant's businesses for the past five years
with address or addresses.
E. The applicant's date of birth, height, weight, color
of eyes and color of hair.
F. Two photographs, two inches by two inches, of the
applicant, taken not more than 60 days prior to the date of filing
of the application, showing the full face and shoulders of the applicant.
G. Whether or not the applicant has ever been convicted
of a felony, misdemeanor or violation of any municipal law relating
to hawkers, etc., and if so, a statement setting forth in each instance
the offenses, in what courts and a description of the sentences imposed.
H. Whether any license previously issued to the applicant
for hawking, peddling or soliciting for orders was ever revoked and,
if so, a statement setting forth in each instance the licensing authority,
the date of revocation and the reason therefor.
I. If the applicant is employed by or under contract
with another person, the name and address of such person, together
with the appropriate evidence of the employment or contract and the
applicant's relationship and authority to represent that person.
J. If the applicant proposes to use or operate a vehicle
in connection with his or her proposed activities in the Village,
a description of the vehicle, together with the registration data
thereof, and the operator's license number of the person operating
the vehicle.
K. A brief description of the goods, wares and merchandise
proposed to be sold, offered for sale or disposed of, the place of
production, manufacture, publication or printing thereof, as the case
may be, and the place from which any such goods, wares and merchandise
are proposed to be forwarded to a prospective vendee within the Village.
L. All applicants for a license pursuant to Chapter
197, Peddling and Soliciting, from the Village of Ossining will submit to fingerprinting and shall be subject to a review of their criminal history record by the Chief of Police of the Village of Ossining Police Department, or his/her designee. All fingerprints and any applicable fees must be submitted in the form and manner as prescribed by Division of Criminal Justice Services ("DCJS"). Any decision regarding a prospective applicant's fitness for a license based upon a conviction contained in the criminal history background information obtained from the DCJS must be made upon consideration of New York State Correction Law §§ 701 through 703-b and 751 through 753.
[Amended 7-2-2012 by L.L. No. 4-2012]
M. Whether the applicant desires to act as an outdoor
vendor, itinerant vendor, or solicitor. Should applicant be desirous
of an outdoor vendor's license, he or she must also furnish a proposed
location of business.
N. Whether applicant desires a yearly license or a daily
license.
O. Statement that applicant has read this chapter and
is familiar with its terms and provisions.
P. Fees, which shall be set by resolution of Board of
Trustees.
Any person aggrieved by the denial of a permit
under the terms of this article shall have the right of appeal to
the Board of Trustees of the Village. Such appeal shall be taken by
filing with the Board of Trustees within 14 days after notice of the
action complained of has been mailed to such person a written statement
setting forth fully the grounds for the appeal. The Board of Trustees
shall set a time and place for a public hearing on such appeal.
A license issued pursuant to the provisions
of this article shall not be assignable and it shall be unlawful for
its holder to allow another to use such license. It shall be unlawful
for any person to use a license issued pursuant to the provisions
of this article which was not issued to him or her.
Each licensee, under the provisions of this
chapter shall carry such license at all times while engaged in vending
or soliciting and shall exhibit the same at any such time upon demand
therefore being made by any police officer of this Village or by any
citizen of the Village. A refusal of compliance with the provisions
of this section shall constitute presumptive evidence that such person,
in so refusing, is vending or soliciting without having procured a
license therefore pursuant to the requirements of this chapter and
such a refusal shall be deemed to be a violation of the provisions
of the chapter.
The license of any licensee under the provisions
of this chapter may be temporarily suspended by the Village Clerk
upon verified complaint, pending a trial by the court before which
such person shall be tried for any violation of this chapter.
After a prompt public hearing thereon at which
the licensee shall have an opportunity to be heard, the Board of Trustees
may revoke any license issued under the authority of this article
for any reason for which an application could be denied or for violation
of any provision of this chapter or upon the proven complaint by any
person of any lawful conduct by the licensee. When a license shall
be revoked, no refund of any portion of the license fee shall be made.
A license required by this article shall be
valid to and including December 31 in the same calendar year as the
date of the license, unless previously suspended or revoked as provided
by law.
The Board of Trustees shall reserve the right
to suspend the requirements for a license to vend or solicit upon
resolution.