[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-26-1957 as Art. 3 of Ch. 3 of the Scarsdale Village Code. Amendments noted where applicable.]
[Amended 4-10-1962; 3-14-1989 by L.L. No. 6-1989]
No person shall solicit or offer for sale in any street, park or other public place or by going from house to house in the village any goods, wares or merchandise without a license therefor.
[Amended 3-14-1989 by L.L. No. 6-1989; 7-15-1997 by L.L. No. 7-1997]
Each application for a license required by this chapter must be filed with the Village Clerk and shall be accompanied by the required license fee. Such application shall be on a form provided by the Village Clerk and shall be sworn to before a notary public and shall contain, among other things, the following information concerning the applicant: the applicant's full name, residence and place of residence for five years previous to the applicant's present address; date and place of birth; height, color of eyes and hair; length of time the applicant has resided at current address; whether a citizen of the United States and, if a naturalized citizen, the place and date of securing such citizenship; names and addresses of previous employers for the past five years; whether single or married; all felonies or misdemeanors of which the applicant has been convicted; what, if any, licenses for peddling or vending issued by any state, municipality or other such authority have previously been held by the applicant; all instances in which any such licenses may have been revoked or suspended and the details thereof, and any other information of a similar nature that may reasonably be required.
No license shall be issued to a person who has been convicted of a felony.
Each applicant for a license required by this chapter shall file impressions of the fingers of the right and left hand on forms furnished by the Chief of Police under the supervision of such police officer as may be designated by the Chief of Police. No license shall be issued under the provisions of this chapter until the Chief of Police has filed a written report with the Village Clerk stating the results of the investigation and examination of the fingerprint impressions.
No license required by this chapter shall be issued until the Chief of Police has made such investigation of the applicant as he may deem desirable or necessary and has filed a written report with the Village Clerk stating the results of such investigation.
If the applicant satisfactorily meets the foregoing requirements for the issuance of a license required by this chapter and if the Chief of Police deems the applicant to be fit and proper to solicit orders for, peddle, vend or offer for sale goods, wares or merchandise in any street, park or other public place or by going from house to house in the village, the Village Clerk shall issue to the applicant a license.
The form, size and content of any license issued under this chapter shall be prescribed by the Village Clerk and shall contain a photograph and signature of the licensee and blank spaces upon which a record may be made of any arrest or of serious complaint against said licensee.
A portion of the photograph on each license shall be impressed with the Seal of the village.
All licenses shall be numbered in the order in which they are issued and shall contain the name and place of the residence of the licensee and the dates of issuance and expiration of the license.
No licensee shall deface, remove, change or obliterate any official entry made upon said license in any respect whatsoever, and, if such license shall be defaced, obliterated or changed in any respect, the licensee shall report the same immediately to the Village Clerk, who may issue a new license and cancel the old license surrendered by the licensee, upon payment of a fee to be set by resolution of the Board of Trustees.
[Amended 3-14-1989 by L.L. No. 6-1989]
[Amended 3-14-1989 by L.L. No. 6-1989]
A license issued pursuant to this chapter shall be dated as of the date of issuance and shall expire either three months, six months or one year from the issuance date.
No person shall solicit orders for, peddle, vend or offer for sale in any street, park or other public place or by going from house to house in the village any goods, wares or merchandise under a license issued pursuant to this chapter, except during the hours from 9:00 a.m. to 5:00 p.m. on Monday through Saturday of each week, other than legal holidays. This limitation on days and hours shall be set forth on each license issued pursuant to this chapter.
[Amended 10-9-1962; 3-14-1989 by L.L. No. 6-1989]
The Village Clerk, upon payment of the fee prescribed pursuant to this chapter, may renew a license, subject to the same requirements as are provided in this chapter for original issuance.
Upon refusal to grant a license pursuant to this chapter or upon failure to act on an application within 60 days, an appeal may be taken to the Board of Trustees, by filing a written notice of the appeal with the Village Clerk within 14 days from the date notice of such refusal is mailed to the applicant. The notice shall state the date, general nature of the decision appealed from and the grounds of appeal. The Board of Trustees may hear such appeal at a regular meeting or at a special meeting called for that purpose. The decision of the Board of Trustees on appeal shall be final.
The Village Clerk shall keep a record of all licenses issued pursuant to this chapter and of the amount of fees paid therefor.
The Chief of Police shall cause to be kept in the office of the Police Department copies of applications for licenses under this chapter and any other related information.
A license issued pursuant to this chapter may be revoked or suspended at any time for cause by the Mayor until the next meeting of the Board of Trustees, and thereupon said license may be revoked or continued by the Board. Any such suspension shall be for such period as such Board shall prescribe. In addition to any other than existing grounds for the revocation or suspension of such license, such Board may revoke or suspend such license if it finds that the holder thereof has violated any of the provisions of this chapter. If a license is revoked or suspended, the holder thereof shall immediately surrender such license to the Village Clerk.
[Amended 3-14-1989 by L.L. No. 6-1989]
Such licenses shall not be transferable and shall not be valid for the use by any agent or employee of the licensee.
Every person, while engaged in a trade or occupation for which a license is required by this chapter, shall carry the required license with him and shall exhibit the same upon demand.
No person shall, in soliciting orders for peddling, vending or offering for sale, in any street, park or other public place or by going from house to house in the village, any goods, wares or merchandise, cry his wares or make use of any horn, bell or other noise-making device to attract attention thereto.
[Amended 7-15-1997 by L.L. No. 7-1997; 5-14-2013 by L.L. No. 6-2013]
No person or entity required under this chapter to have a peddler's or vendor's license shall permit or cause any automobile or other vehicle used in connection therewith to stand or remain:
In addition to the prohibitions stated in Subsection A(1) and (2) above, all automobiles or other vehicles covered by this section must stand parallel to and within six inches of the curb or edge of the street, and for no longer than 10 minutes out of any 60 consecutive minutes. After each ten-minute period, said automobile or other vehicle must move at least 500 feet from its current location.
[Added 3-14-1989 by L.L. No. 6-1989]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.