[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam:
Art. I, 7-12-1971 as Ch. 17 of the 1971 Code; Art. II, 7-12-1971
as Ch. 24 of the 1971 Code. Sections 128-17, 128-22A, 128-23, 128-24A, 128-25
and 128-26 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
[Adopted 7-12-1971 as Ch. 17 of the 1971 Code]
As used in this Article, the following terms shall have the meanings
indicated:
Includes any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to take orders
for goods, wares or merchandise or for services to be performed in the future
or for making, manufacturing or repairing any article or thing whatsoever
for future delivery. The term "solicitor" shall not apply to a person selling
milk, newspapers and food distributed on regular customer routes.
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any vehicle or 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 animal or vehicle, sells or barters, offers for
sale or barter or carries or exposes for sale or barter any goods, wares or
merchandise, except milk, newspapers and food distributed on regular customer
routes.
A.
Nothing in this Article shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of
any court.
(2)
Any person selling personal property at wholesale to
dealers in such articles.
(3)
Persons under the age of 18 years.
(4)
Farmers and truck gardeners who, themselves or through
their employees, vend, sell or dispose of products of their own farms and
gardens.
(5)
Any honorably discharged member of the armed forces who
has procured a license issued by the County Clerk as provided by the General
Business Law of the State of New York.
(6)
Berrypickers who sell berries of their own picking.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall register
annually with the Clerk in the event that they plan to engage in vending,
hawking, peddling or soliciting and shall indicate the types of activities
to be undertaken and the times when they will be performed; provided, however,
that those who shall be exempt from the terms of this Article pursuant to
this subsection shall nevertheless register with the Clerk before doing any
of the acts regulated by this Article and receive from the Clerk permits indicating
that they have so registered.
It shall be unlawful for any person within the corporate limits of the
municipality 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.
A.
Any person desiring to procure a license, as herein provided,
shall file with the Clerk a written application upon a form furnished by the
Clerk and shall file, at the same time, satisfactory proof of good character.
Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kinds of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
The name and address of the person, firm or corporation
he represents.
(6)
The length of time the applicant desires the license.
(7)
Such other information as may be required by the Clerk.
B.
If applicable, such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying that all
weighing and measuring devices to be used by the applicant have been examined
and approved.
Every applicant for a license under the provisions of this Article,
whether for a vendor, hawker, peddler or solicitor, shall file with his application
a cash deposit of $1,000 or a surety company bond of $1,000 or other bond
secured by sufficient collateral, said bond to be approved by the 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 or conditioned for reimbursement for any fraud, misrepresentation
or claim arising from any sale. Any person aggrieved by the action of any
licensee 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 the case of a cash deposit, such deposit shall be retained by this municipality
for a period of 90 days after the expiration of any license, unless sooner
released by the governing body.
Upon the filing of the application, bond and certificate, as provided in the preceding sections, the Clerk shall, upon his approval of such application, issue to the applicant a license, as provided in § 128-3, signed by the Clerk and setting forth the date of issuance and the effective date of said license, which latter date shall be three days after the date of issuance, counting the date of issuance as the first day. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder of such license who permits
it to be used by any other person and any person who uses such license granted
to any other person shall each be guilty of a violation of this Article.
Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate, in lieu thereof, under the original
application and bond, may be issued by the Clerk upon the filing with him
by the licensee of an affidavit setting forth the circumstances of the loss
and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in the order in which they
are issued, and shall state clearly the kind of vehicle to be used, the kinds
of goods, wares and merchandise to be sold or the kind of service to be rendered,
the number of his license, the dates of issuance and expiration of the license,
the fee paid and the name and address of the licensee.
Such licenses shall automatically expire on January 1 following the
date of issuance of such license, but such licenses may specifically state
and provide for an earlier expiration date.
A.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
B.
No license shall be granted to a person under 18 years
of age.
C.
No applicant to whom a license has been refused or who
had a license which had been 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.
D.
Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand.
The license fee shall be $25 per annum and shall be issued to individuals
only. If the licensee hires or employs or in any way uses other persons to
work for him, such persons shall also be licensed in accordance with the provisions
of this Article, except that the license fee for such persons shall be $10
per person.
The Clerk may, at any time, for a violation of this Article or any other
ordinance or any law revoke any license. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made. Notice
of such revocation and the reasons or reason therefor, in writing, shall be
served by the Clerk upon the person named in the application or by mailing
the same to the address given in the application.
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 7:00 p.m. of any day, except upon the
invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor, in
plying his 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
or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his
goods or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall he permit his cart, wagon
or vehicle to stand on any pubic highway within said distance of such school
property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall, by any trick or device or by any false representation,
obtain or attempt to obtain admission to the house or garage of any person
or corporation in this municipality.
E.
No peddler or solicitor will 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.
F.
It shall be unlawful to create 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.
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,
made 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 is paid
to the solicitor.
It shall be the duty of the Clerk to keep a record of all applications
and of all licenses granted under the provisions of this Article, giving the
number and date of each license fee paid and the dates of revocation of all
licenses revoked.
Any person who, himself or by his clerk, agent or employee, shall act
as a hawker, peddler or solicitor, as herein defined, without a license or
shall violate any of the provisions of this Article or who, having had his
license revoked, shall continue to act as a hawker, peddler or solicitor shall,
upon conviction, be punished by a fine of not less than $250 or by imprisonment
for a term not to exceed 15 days, or both. Each day on which such violation
continues shall constitute a separate offense.
[Adopted 7-12-1971 as Ch. 24 of the 1971 Code]
As used in this Article, the following terms shall have the meanings
indicated:
A business conducted in a store, hotel, house, building or structure
for the sale at retail of goods, wares or merchandise, excepting food products,
and which is intended to be conducted for a temporary period of time and not
permanently.
If the place in which a business is conducted is rented or leased for
a period of six months or less, such fact shall be presumptive evidence that
the business carried on therein is a transient business.
A tax is hereby levied upon all persons conducting a transient retail
business in this municipality. Such tax shall be based upon the gross amount
of sales made by such person during the year in which such business is conducted
and shall be at the same rate as other taxable real and personal property
is taxed for the year in this municipality. If at any time such tax becomes
due and payable and the tax rate of this municipality for the current year
has not been fixed, such rate shall be estimated by the Assessor. Such tax
shall be due and payable immediately upon the expiration of the permit hereinafter
mentioned or immediately upon the termination of such business if the same
is terminated prior to the expiration of such permit and shall be paid to
the Clerk.
No person shall engage in, manage or conduct a transient retail business
in this municipality unless a permit for the carrying on of such business,
as herein provided for, shall have been obtained and shall be in force.
A.
Every person desiring to conduct a transient retail business
in this municipality shall present to the Clerk a verified application setting
forth the following facts:[1]
(1)
The name and place of residence of the person desiring
to conduct such business.
(2)
The place where and the time during which such business
is to be conducted.
(3)
The name of the person who will be in personal charge
of such business.
(4)
A description of the kind of merchandise in which such
person proposes to deal.
B.
Such application shall also have annexed thereto a consent
and agreement, duly acknowledged, that, if the applicant shall fail or neglect
to file at the proper time any verified report of gross sales, as herein required,
the Clerk may estimate the amount of such gross sales for the period for which
such report shall not have been filed and that the amount so estimated shall
be deemed the amount of gross sales for such period for the purpose of computing
the tax herein provided for.
Every person shall present to the Clerk, with such application, a bond
with a sufficient surety or sureties in the penalty of $500, conditioned that
the person to whom such permit is granted will pay the tax imposed by this
Article when due and that he will obey all the provisions of this Article.
Before any permit is issued, such bond must be approved by the Clerk as to
the sufficiency of the surety or sureties and by the Attorney as to form and
must be filed with the Clerk.
Every person receiving such permit shall, on the Monday of each week
after receiving such permit, file with the Clerk a verified report of the
gross sales made in such business during the week preceding the filing of
such report. In case any such person shall fail to file such report when due,
the Clerk may, in his discretion, immediately revoke the permit granted to
him.
Any person failing to pay the tax hereby imposed or to comply with any
of the provisions of this Article shall, upon conviction thereof, be subject
to a fine not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
