As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies and societies and all other entities
of any kind capable of being sued.
SOLICITOR
Includes any person who goes from place to place or house
to house or stands in any public place taking or offering to take
orders for goods, wares or merchandise, except newspapers, milk, meats,
fish, fruit and farm produce, or for services to be performed in the
future for making, manufacturing or repairing any article or thing
whatsoever for future delivery.
VENDOR, HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any vehicle or boat or on a railroad
track or in any public place or by going from house to house or place
of business to place of business on foot sells or barters, offers
for sale or barter or carries or exposes for sale or barter any goods,
wares or merchandise, except milk, newspapers, meats, fish, fruits
and farm produce.
It shall be unlawful for any person within the
corporate limits of the Village of Round Lake to act as a vendor,
hawker, peddler or solicitor, as herein defined, without first having
obtained and paid for and having in force and effect a license therefor.
The license fee shall be as set by resolution
of the Board of Trustees. There shall be an additional fee as set
by resolution of the Board of Trustees for each duplicate license
issued.
Every vehicle used by a licensed vendor, hawker,
peddler or solicitor to conduct his business shall have the name and
address of the licensee legibly printed in a conspicuous place on
the outside of every such vehicle.
The Village Clerk may, for a violation of this
chapter, revoke any license issued hereunder. If a license shall be
revoked, no refund of the unearned portion of the license fee shall
be made. Notice of said revocation and the reason or reasons therefor,
in writing, shall be served by the Village Clerk upon the person named
in the application or by mailing the same to the address given in
the application.
A licensed vendor, hawker, peddler or solicitor
shall comply with all New York State Department of Health rules and
regulations concerning maintenance of vehicles, foodstuffs and edibles
in a clean and sanitary condition; shall behave in an orderly and
peaceful manner; shall immediately depart the premises of a householder,
owner or occupant upon being requested to do so; and shall not engage
in any of the following conduct:
A. Falsely or fraudulently misrepresenting the quantity,
character or quality of any article offered for sale nor offer for
sale any unwholesome, tainted or diseased provisions or merchandise.
B. Using the license after its expiration or revocation.
C. Blowing a horn, ringing a bell or using any other
noisy device to attract public attention to his wares, nor shouting
or crying out his wares.
D. Standing or permitting 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 lessee
of the ground floor thereof objects.
E. Selling 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. Permitting any vehicle used by him to stop or remain
on any crosswalk.
G. Creating or maintaining any booth or stand nor placing
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. Hawking, peddling, vending or soliciting orders for
goods, wares or merchandise door to door before 10:00 a.m. or after
4:00 p.m.
I. Hawking, peddling, vending or soliciting orders for
goods, wares or merchandise on private property without having obtained
the prior written consent of the owners thereof and without having
presented such written consent to the Board of Trustees.
J. Remaining stopped or standing at any one place for
a period of time in excess of four hours within a twenty-four-hour
period.
All orders taken by licensed solicitors who
demand, accept or receive payment for 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 that the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk to
keep a record of all the applications made and of all licenses granted
under the provisions of this chapter, which records shall state the
number and date of each license, the name and residence of the person
licensed, the amount of license fee paid and the date of revocation
of all licenses revoked.
Any person or agent, servant or employee of
a person who shall act as a vendor, hawker, peddler or solicitor,
as herein defined, without a license or who shall violate any of the
provisions of this chapter or who, having had his license revoked,
shall continue to act as a vendor, hawker, peddler or solicitor shall
be liable to a fine not exceeding $250 or imprisonment for a period
not exceeding 15 days, or both such fine and imprisonment, for each
offense.