As used in this chapter, the following terms
shall have the meanings indicated:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
PEDDLE
To go personally from house to house, from store to store,
from place to place or from street to street, or to deal out, distribute
or dispense, to sell and make immediate delivery or to offer for sale
and delivery any merchandise, goods, wares or provisions in possession
of the seller, or labor or personal services, at any place within
the Village of Rhinebeck other than from a fixed place of business,
but shall not include mailing.
PEDDLER
Any person or company who peddles, as herein defined. The
words "peddler," "hawker," and "huckster" are considered synonymous
terms.
PERSON
Only a natural person, whether a resident of the Village
of Rhinebeck or not.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street, to sell or take orders for goods,
wares, merchandise or provisions for future delivery, or for labor
or services to be performed at any place within the Village of Rhinebeck,
or to distribute advertising matter, but shall not include mailing.
SOLICITOR
Any person or company who solicits as herein defined.
STATIONARY LOCATION
Includes any point or distance within 0.3 of a mile in all
directions of a stationary location.
It shall be unlawful for any person or company
to peddle or solicit within the Village of Rhinebeck without having
first obtained a valid license therefor as provided herein.
An application for a license shall contain the
following information:
A. The name and description of the applicant.
B. The address of the applicant (local and legal).
C. A brief description of the nature of the business
and the kind of goods or property to be peddled or solicited.
D. If employed by the owner of a licensed vehicle, the
name and address of such employer, together with credentials establishing
the exact relationship.
E. If for a vehicle license, a description of the vehicle,
together with license number or other means of identification.
F. If the applicant is a company, the name and address
and title of the officer of the company upon whom process or other
legal notice may be served.
[Amended 7-11-2017 by L.L. No. 1-2017]
The fees for peddling permits shall be established from time
to time by resolution of the Board of Trustees. A schedule of the
current fees is on file in the office of the Village Clerk.
Every peddler or solicitor licensed under this
chapter shall have his license in his immediate possession at all
times when peddling or soliciting and shall display the same upon
demand of any person.
No license, license plate or badge issued under
the provisions of this chapter may be transferred from one person
to another person or from one vehicle to another vehicle, nor shall
the badge so issued be used or worn at any time by any other person
than the one to whom it was issued.
No peddler or solicitor shall have any exclusive
right to any location in the public streets, nor shall any be permitted
a stationary location, nor shall be be permitted to operate for longer
than 10 minutes in any one location, which shall include a distance
of 0.3 of a mile in all directions from any one location.
If the applicant for a peddler's or solicitor's
license uses scales or measures in his business, he shall also file
with his application for a license a certificate issued by the Dutchess
County Sealer of Weights and Measures that his scales or measures
have been tested and sealed.
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veterans' license from the Dutchess County Clerk to hawk, peddle, vend or solicit trade on the streets and highways of the Village of Rhinebeck shall be exempt from the provisions of §
83-5 of this chapter. In lieu of a license as prescribed in §
83-6A of this chapter, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Village of Rhinebeck, subject to all other provisions of this chapter. Said permit will be stamped in ink on the face of the County license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
Any person or company who solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Village of Rhinebeck shall be exempt from the payment of any fees as set forth in §
83-5 of this chapter upon presentation of proper proof to the Village Clerk that said person or company is actually engaged in interstate commerce. If the Village Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this chapter have been complied with, the Village Clerk shall issue a registry certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. All of the provisions of this chapter shall apply to all such persons and companies registered pursuant to this section.
It shall be unlawful for any solicitor or peddler,
either licensed or unlicensed, to enter any privately owned building
for the purpose of selling merchandise, without receiving a request
by the owner or lessee of that property inviting the peddler or solicitor
to enter upon that building for the purpose of making a sale.
It shall be the duty of any police officer of
the Village of Rhinebeck to require any person seen peddling or soliciting,
and who is not known by such police officer to be duly licensed, to
produce his peddler's or solicitor's license and to enforce the provisions
of this chapter against any person found to be violating the same.
Any person aggrieved by the action of the Police Department or the Village Clerk in the denial of the application for a license as provided in §
83-4 of this chapter, or in the decision of the Village Clerk with reference to this revocation of a license as provided in §
83-17 of this chapter, shall have the right to appeal to the Village Board of the Village of Rhinebeck. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Village Board shall set a time and place for a hearing or such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
Any person committing an offense against any
provision of this chapter shall be guilty of a violation 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.