This chapter shall be known and may be cited
hereinafter as a "Local Law Regulating, Licensing and Restricting
Peddlers, Vendors and Solicitors in the Village of Airmont."
The attention of the Board of Trustees of the
Village of Airmont has been directed to abuses and unscrupulous and
disruptive acts by street vendors and persons engaging in door-to-door
soliciting and selling of goods, merchandise and wares; that residents
of the Village may have been subjected to exaggerated, unethical and
spurious claims and representations with respect to such goods, wares
and merchandise; and that such conduct by street vendors and door-to-door
solicitors has violated the peace, good order and safety and general
welfare of residents of the Village; and it is the intent of the Board
of Trustees of the Village of Airmont by the enactment of this chapter
to minimize and prevent the foregoing abuses and violations of the
rights of the residents of the Village and to protect them and the
general welfare as hereafter more fully provided.
It shall be unlawful for any person, firm, organization
or other entity subject to the provisions of this chapter to act or
have any person under its control represent him or it as a peddler,
hawker, solicitor, canvasser or sales agent, as defined herein, without
first having obtained and having in force and effect a license duly
issued as herein provided.
The following terms, phrases and words and their
derivations shall have the meanings given herein, and, as required,
the present tense shall include the future, and words in the plural
shall include the singular, and vice versa. The word "shall' is always
mandatory and not directory.
ESTABLISHED PLACE OF BUSINESS
A building or structure which is operated as a regularly
established place of business and from which a person transacts business
and deals in goods, wares or merchandise, or performs services or
solicits orders for the same on a continuing and ongoing basis.
MERCHANDISING
Selling, bartering or trading, or offering to sell, barter
or trade, any goods, wares, commodities or other merchandise, including
periodicals and books and supplying of services.
PEDDLER and HAWKER
Any person, principal or agent who engages in door-to-door
merchandising of any goods, wares or commodities, including books,
periodicals or services, to homes or places of business, or in any
public place or street or from any premises not an established place
of business.
PERSON
Any individual, firm, partnership, corporation, association
or other entity or organization, and any principal or agent thereof.
SOLICITOR and CANVASSER
Any person, principal or agent engaging in door-to-door solicitation
at homes, businesses or in any public place or street or from any
premises not an established place of business, or orders for sale
of goods, wares, commodities or other merchandise, including books
or periodicals, or for the performance of future services, or for
the making, manufacturing or repairing of any article or thing whatsoever
for future delivery.
This chapter shall not apply to:
A. Any sale conducted pursuant to statute or by order
of any court.
B. A wholesaler of articles to dealers or merchants engaged
in selling such articles.
C. Merchants having an established place of business
within the Village and the employees of such merchants, and any person
vending at the express invitation of the customer or serving the latter
on a regular and established basis.
D. Peddling of meats and agricultural produce by farmers
and persons who produce such commodities, provided they have otherwise
complied with any licensing and health and safety requirements of
any other competent governmental body or agency.
E. Sale of daily newspapers, nor shall this chapter be
interpreted as intending to, nor shall it be construed to, unlawfully
interfere with the conduct of interstate commerce, or the impairment
of the rights of free speech, press or publication; and shall be construed
as implementing and not as limiting the purposes and provisions of
the New York State Home Solicitation Sales Act.
Every applicant for a license hereunder shall
submit a verified written application to the Village Clerk supplying
the following information:
A. Name, permanent home address and local address, if
any, of applicant.
B. A physical description of the applicant setting forth:
C. A detailed statement of the particular business, trade
or occupation for which the license is requested, and a description
of the goods, wares, merchandise or commodities offered for sale.
D. The name and address of the person, firm or corporation,
if any, he represents; the names and addresses of all partners, if
a partnership; the names and addresses of the principal officers,
if a corporation; and the name and address of a person upon whom a
legal process and notice may be served.
E. Prior arrests and the disposition thereof of the applicant
and the firm or corporation he represents, including the date and
nature of such conviction, and location of the court where such record
or disposition is on file.
F. The number and kind of motor vehicles to be used in
carrying on the business; and the registration, license and insurance
data for each such vehicle and operators thereof.
G. The length of time for which the license and privilege
to do business is desired.
H. Two photographs, two inches by two inches in size,
taken within 60 days immediately prior to the date of filing of the
application, showing clearly the face and shoulders of the applicant.
I. References as to the applicant's good character, such
as at least two residents of Rockland County, or municipalities in
Rockland or adjoining counties in which the applicant has conducted
his business or operations.
J. If peddling or soliciting is to be conducted as a
team, group or other organized party under single leadership or direction,
control or sponsorship, the above-required personal information shall
also be supplied as to such leader or person in charge and with respect
to each such other person, employee or agent so involved.
K. If such applicant represents or is the agent for a
principal, there shall be appended to the application a letter or
other evidence of authorization or agency from the principal describing
the nature and scope of such applicant's authority and any restrictions,
limitations and conditions imposed on such applicant by the principal
agency or organization he represents. In addition, copies of each
order form, contract, or other form or document to be utilized by
the applicant in such sale or solicitation shall be attached to the
application.
L. Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count, as
provided under Article XVI of the Agriculture and Markets Law of the
State of New York, such application shall be accompanied by a certificate
from the Sealer of Weights and Measures having jurisdiction hereof,
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved.
M. Any additional information required by the Village
in the interest of the health, safety and welfare of the residents
of the Village, including but not limited to denials of licenses or
their revocation by other municipalities prior to the present application.
A licensed peddler or solicitor shall not:
A. Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his
business, or offer for sale any provision, food or merchandise that
is unwholesome, unfit, deleterious or harmful to the user or consumer
thereof.
B. Peddle at or solicit on private property which has
displayed a sign bearing the words "No Peddling or Soliciting" or
words of like intent. Nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested his departure
therefrom.
C. Keep the vehicles and receptacles used by him in an
unclean and unsanitary condition, nor the foodstuffs and edibles offered
for sale uncovered and unprotected from dirt, dust, insects, contamination
or spoilage, or as otherwise required by any competent municipal health
authority.
D. Stand or permit the vehicle used by him to stand in
one place in any public place or street for more than 10 minutes,
or in front of any premises for any time if the owner or occupant
of the premises objects. However, in no case shall the holder of any
license issued hereunder remain in any one fixed location and vend
his goods, wares and merchandise continuously for a period in excess
of 30 minutes, nor shall said licensee resume operations during the
same business day from a new location within 1/4 mile of said former
site of operation.
E. Sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
F. Permit any vehicle used by him to stop or remain on
any crosswalk.
G. Create, erect or maintain any booth or stand, or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise.
H. Blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares or shout or cry out his wares.
I. Assign or transfer his license to any other person,
and any transfer to, or use of such license by any other person shall
be a violation and shall automatically thereupon terminate such license.
J. Fail to carry his license upon his person nor to exhibit
the same upon demand to any police, Village officer or agent or resident
being solicited or involved in a transaction with him.
K. Obstruct any street, driveway or other public or private
right-of-way.
L. Peddle or solicit on property registered in the No-Knock Registry as per §
143-17. Knowledge of the most current registry shall be the duty and responsibility of the licensee.
[Added 7-5-2016 by L.L.
No. 6-2016]
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor and which shall contain the notice of right of cancellation as set forth in §
143-11 of this chapter.
As more fully provided and set forth in the
New York State Home Solicitation Sales Act, which is incorporated herein by reference as to the rights,
remedies and procedures in any sale, order for purchase or agreement
to buy which was induced by, or the result of harassment, intimidation,
abusive conduct, misrepresentation of material facts or high-pressure
tactics by the solicitor, any person or consumer shall have the right
of cancellation as therein set forth upon giving written notice to
the solicitor by any mail properly addressed and postage prepaid;
and such notice, the language or tenor of which makes clear the purchaser's
intention to return such goods, wares or merchandise, will be sufficient.
In such event, the seller's failure to tender to the buyer any payment
made by the buyer, with an acknowledgment of his cancellation of the
order, shall be deemed a violation of this chapter, and shall subject
the licensee to any penalties hereunder in addition to any penalties
provided under the New York State Home Solicitation Sales Act.
Any license aggrieved by any action or determination
of the Village Clerk may appeal to the Mayor of the Village or any
agent or agency designated by him, within 14 days after notice of
the action or determination complained of has been mailed to him,
by filing a written statement setting forth fully the grounds for
the appeal. The Mayor or his/her agent shall set a time and place
for a hearing on such appeal and notice of such hearing shall be mailed
to the applicant's last known address at least five days prior to
the date set for the hearing. The decision and order of the Mayor
or his agent on such appeal shall be final and conclusive.
The Village Clerk shall keep a record of all
applications and of all licenses granted hereunder, giving the number
and date of each license, the name and residence of the person licensed,
the license fee paid, and also the date of revocation of license,
if any.
Police officers of the Town of Ramapo and the
Code Enforcement Officer of the Village of Airmont are each hereby
authorized and empowered to enforce this chapter by the issuance of
appearance tickets for any violation hereof.
[Added 7-5-2016 by L.L.
No. 6-2016]
A. The Village Clerk shall prepare and maintain a list of addresses
where the owner and/or occupant has notified the Clerk that peddling
and soliciting is not desired (hereinafter referred to as the "Do-Not-Knock
Registry"). Notification shall be by completion of a form available
at the Village Clerk's office during normal business hours. The
list shall be updated as needed by the Village Clerk.
B. The Village Clerk shall make available the then current Do-Not-Knock Registry to all licensees at the time the license to peddle or solicit is issued or renewed pursuant to the provisions of Chapter
143. It shall be a violation of any licensee to peddle or solicit at any premises identified on the then current Do-Not-Knock Registry.