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.
A. 
Upon compliance by the applicant for the license required by the article with the provisions of § 197-12, the Village Clerk shall, subject to the provisions of Subsections B and C of this section, approve or deny such application.
B. 
An outdoor vendor must confine his or her business to one location during the term of his or her permit. Said locations must be proposed on his or her application to the Village Clerk and noted on the permit as approved at the time of issuance. If a merchant operating an established place of business within 200 feet of said location noted on his or her permit makes a written objection to the Village Clerk that said noted location competes or interferes with said merchant's business, the Village Clerk shall so advise the outdoor vendor and the outdoor vendor shall be required to choose a new location which shall be subject to the approval of the complainant merchant if still located within 200 feet of said complainant merchant's established place of business. The new location shall be so noted on an amended permit to be issued by the Village Clerk at no cost to the outdoor vendor.
C. 
The Village Clerk may deny the application of any person only on one or more of the following grounds:
(1) 
The applicant is not legal resident of the United States.
(2) 
The applicant has failed to furnish all of the information required by § 197-12.
(3) 
The applicant has made a material misstatement of fact in his or her application.
(4) 
The applicant has been convicted of a crime.
(5) 
The applicant has been convicted of a violation of this chapter or a similar law regulating vendors and solicitors enacted by another municipality within or without the State of New York, within the past year.
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.