[HISTORY: Adopted by the Board of Trustees of the Village of Akron 11-15-1932 as § 5 of Ch. 7 of the Village Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 95.
Soliciting alms — See Ch. 110, Art. I.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
One or more persons of either sex, corporation, partnership, association, joint-stock company, society and all other entities of any kind or nature who are or may be capable of suing or being sued.
SOLICITOR
Any person who goes from place to place or house to house or stands on any street or public place taking or offering to take orders for goods, wares or merchandise or for the making, manufacturing or repairing of any article or thing for future delivery, except such as are or may be exempted by § 114-7 hereof.
A. 
It shall be unlawful for any person, either for himself, or as agent for another, to act within the corporate limits of the Village of Akron as a solicitor, as defined in § 114-1, without first having obtained and paid for and having in force and effect a license therefor. Such person desiring a license as herein provided shall file with the Village Clerk-Treasurer a written application, upon a form furnished by the village. Such application shall give the number and kind of vehicle, if any, to be used in carrying on the business for which the license is desired, the kind of goods, wares and merchandise to be sold, or the type of service to be performed, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the license and such other information as may be required by the Board of Trustees of said village.
B. 
An application for a license as a solicitor who accepts or receives payment or deposit in advance of final delivery shall also be accompanied by a bond to the Village of Akron in the penal sum of $1,000, with such surety or sureties or sufficient collateral conditioned for making a final delivery of the goods, wares, or merchandise ordered, or failing therein that the advanced payment on such order will be refunded. Any person aggrieved by the action of any licensed solicitor shall have right by action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by said village for a period of 90 days after the expiration of any such license, unless sooner released by the Village Clerk-Treasurer.
A. 
Upon the filing of the application and bond as provided in the preceding section, the Village Clerk-Treasurer shall, upon the approval of the Mayor, or Acting Mayor, of such application, issue a license signed by himself and the Mayor, or Acting Mayor, and no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B. 
Such license shall not be assignable, and any licensee who permits it to be used by another person shall himself, together with such other person, each be guilty of a violation of this chapter.
C. 
All licenses shall be issued from a special book numbered with reference stubs and shall state the kind of vehicle to be used, the kind of goods to be sold, the number of the license badge, the date of issuance and expiration of the license, the fee paid and the name and address of the licensee.
D. 
No license shall be granted to a person under 21 years of age.
E. 
Such license shall include the right to use only one vehicle in carrying on the licensed business.
F. 
No applicant to whom the license has been refused or who has had a license revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
G. 
Every licensee must carry his license with him and must exhibit the same upon demand.
The license fee for solicitors shall be as set forth from time to time by resolution of the Board of Trustees.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The current fee schedule is on file in the village offices.
Each solicitor shall report to the police headquarters or the Village Clerk-Treasurer's office in said village each and every day before the commencement of work under any license granted and must exhibit any and all goods to a police officer or to the Village Clerk-Treasurer or to the Mayor, or Acting Mayor, on demand for inspection.
Any person or corporation who shall be convicted of violating any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any persons selling personal property at wholesale, to dealers in such articles, to merchants having an established place of business within the village or their employees in soliciting orders from customers and delivering the same, to the sale of fruit and farm produce by farmers and persons who produce such commodities, to any honorably discharged soldier, sailor or marine who has procured a license to sell his own goods or solicit trade upon the streets as provided by the General Business Law of the State of New York, as amended. This chapter shall not apply so as to unlawfully interfere with interstate commerce.