[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan 7-15-1985 as L.L. No. 2-1985 (Ch. 44 of the 1969 Code); amended
in its entirety 7-20-2021 by L.L. No. 6-2021. Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Village
of Penn Yan Peddlers Law."
As used in this chapter, the following terms shall have the
meanings indicated:
PEDDLER
The actions by any person, either principal or agent, who
from any public street or public place or by going from house to house
or place of business to place of business, on foot or on or from any
vehicle, sells or barters, offers for sale or barter, or carries or
exposes for sale or barter any goods, wares, merchandise, books, magazines,
periodicals or any other item or items of value or offers any services
for which compensation is requested or required.
TRANSIENT MERCHANT
A merchant who sells merchandise from private property within
the Village for temporary periods only and does not conduct business
in buildings or structures which are assessed on the Village tax rolls.
VILLAGE CLERK
The Clerk/Treasurer of the Village of Penn Yan or any Deputy
Clerk of the Village of Penn Yan.
YARD SALE
Offering for sale of generally used personal or household
goods, locally produced baked goods, preserves and other domestic
products and/or handicrafts, conducted as a temporary accessory use
in the yard of any property and not on public property. Such items
offered for sale may be in the open, under a temporary canopy, on
an open porch or in an open garage on the subject property.
Generally, nothing in this chapter shall be held to apply to
any sales or offer of service:
A. Conducted pursuant to statute or by order of any court of competent
jurisdiction;
B. By any person selling personal property at wholesale to businesses
or dealers in such articles;
C. By persons representing local nonprofit organizations;
D. Relating to peddling of meats, fish, fruit and farm produce by farmers
and person who produce such commodities and by authorized person selling
such items at farm markets whose location and hours have been approved
by the Board of Trustees;
E. By authorized persons selling personal property at sidewalk sales
location and hours have been approved by the Board of Trustees;
F. By persons selling antiques, art and crafts at shows whose location
and hours have been approved by the Board of Trustees;
G. By persons selling their own used household goods and clothing, not
purchased for resale, at yard and lawn sales on real property where
they reside, provided that no such sales shall occur at the same real
property for more than two consecutive weeks and not within more than
six weeks per calendar year;
H. Conducted or authorized by nonprofit organizations having offices
in Yates County, the proceeds of which shall be used for charitable
or not-for-profit endeavors.
It shall be unlawful for any person within the limits of the
Village to act as a peddler or transient merchant, as herein defined,
or assist the same without first having obtained and paid for and
having in force and effect a license therefore or having in force
and effect a certificate of compliance issued by the Village Clerk.
Any person desiring to procure a license as herein provided
shall file with the Village Clerk a written application upon a form
furnished by the Village Clerk. Such application shall give:
A. The number of vehicles and the make, model, color, license plate
number and state of registration of each vehicle to be used in sales
solicitation;
B. The kind of goods, wares and/or merchandise he or she desires to
sell or the kind of service he or she desires to perform;
C. The method of distribution;
D. The name, address, social security number, telephone number, and
age and date of birth of the applicant and every person involved in
the sales, along with description including gender, height, weight
and hair color of each such person;
E. The name, address, telephone number, entity and tax identification
number of the person, firm or corporation the applicant represents;
F. The length of time the applicant desires the license;
G. Copies of appropriate photo identification of each person covered
by the license shall be obtained by the Village Clerk and made a part
of the application. The Village Clerk shall have the sole discretion
in determining whether a photo identification is appropriate;
H. Such other information as may be required by the Village Clerk to
substantiate the above items.
An application for a license as a solicitor or transient merchant
who demands, accepts or receives payment or a deposit of money in
advance of final delivery shall also be accompanied by a cash deposit
of $2,000 or a surety company bond of $10,000 or other bond secured
by sufficient collateral, said bond to be approved by the Village
Attorney as to form and surety, conditioned for making a final delivery
of the goods, wares or merchandise ordered or services to be performed
in accordance with the terms of such order or, failing therein, that
the advance payment on such order shall be refunded. Any person aggrieved
by the action of any licensed solicitor shall have the 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 the Village for a period of 180
days after the expiration of any such license, unless sooner released
by the Board of Trustees.
A. Village Clerk may issue or deny. Upon the filing of the application and bond as provided in the preceding sections and payment of the required fee, the Village Clerk shall, upon his or her approval of such application, issue to the applicant a license as provided in §
136-4. A license may be refused if the applicant shall have been convicted of any violation of this chapter.
B. Appeal to Board of Trustees. Any applicant who has been refused a
license by the Village Clerk may apply to the Board of Trustees therefor,
and the same may be granted or refused by the Board of Trustees.
A license shall not be assignable. The holder of any license
issued pursuant to this chapter who permits it to be used by any person
not listed in that license and any person who uses such license granted
to another person and not named in the license, shall each be guilty
of a violation as defined in the Penal Law of the State of New York.
Whenever a license shall be lost or destroyed, a duplicate in
lieu thereof, under the original application and bond, may be issued
by the Village Clerk upon the request of the applicant or any person
listed on the original application and license.
The license shall contain the name of the applicant, the name
of the firm, corporation or entity being represented by the applicant,
the names of all persons covered by the license, the nature of sales
to which the license applies, the date the license becomes effective
as well as the date of expiration of the license, the signature of
the Village Clerk or Deputy Clerk and the date of issuance of the
license.
Such license shall be for such term as requested by the applicant
but shall not exceed one year.
Every individual listed in a license, while exercising his or
her license, shall carry a copy of the license with him or her and
shall exhibit the same upon request.
The license fee for each person licensed as a peddler or transient
merchant shall be set by resolution duly adopted by the Board of Trustees.
Likewise, such license fee may be modified from time to time by resolution
duly adopted by the Board of Trustees.
A license issued pursuant to this chapter may be revoked by
the Village Clerk after due notice to the licensee. Upon any such
revocation, it shall be the responsibility of the person to whom the
license was issued to notify every other individual covered by such
license that the license has been revoked.
A. It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after the hour of 8:00 p.m. of any day except upon
the invitation of the householder or occupant and in any event no
later than 1/2 hour after sunset.
B. It shall be unlawful for any peddler or solicitor in plying his or
her trade to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to public view
any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents" or other wording the purpose of which
purports to prohibit peddling on the premises.
C. No peddler shall peddle, vend or sell his or her goods or wares on
any public street, highway or sidewalk within 200 feet of any place
occupied exclusively as a public or private school or for school purposes,
nor shall he or she permit his or her cart, wagon or vehicle to stand
on any public highway within said distance of such school property.
It shall be the duty of the Village Clerk to keep a record of
all applications and of all licenses granted under the provisions
of this chapter including copies thereof, giving the number and date
of each license, the fee paid and the date of revocation of all licenses
revoked.
A violation of any provision of this chapter is hereby declared
to be a violation as defined by the Penal Law of the State of New
York and shall be punishable by a fine not exceeding $250 and/or imprisonment
for not more than 15 days. Each incident of a violation may be considered
a separate offense and may be prosecuted as such.