[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all instances in which any such licenses may have been revoked or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. A portion of the photograph on each license shall
be impressed with the Seal of the village.
B. 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.
C. 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.
A. The Village Clerk shall keep a record of all licenses
issued pursuant to this chapter and of the amount of fees paid therefor.
B. 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.
A. The fees to be collected for licenses issued under
this chapter shall be as set by resolution of the Board of Trustees.
[Amended 3-14-1989 by L.L. No. 6-1989]
B. No such license shall be granted for more than one
year or less than three months.
[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]
A. 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:
(1) In
any street within 500 feet of any grounds occupied by a school during
or within one hour before or after school hours or sessions of summer
day camp;
(2) Within
100 feet of any street intersection.
B. 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.