[HISTORY: Derived from Ch. 17 of the 1978 Code of the Village of New Paltz. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddler and Solicitor Law of the Village of New Paltz."
This chapter is enacted for the purpose of regulating itinerant merchandising in order that the peace, health, safety, welfare and good order of the Village and of the inhabitants thereof shall not be endangered or unduly disturbed.
For the purpose of this chapter, the terms used herein are defined as follows:
- ESTABLISHED PLACE OF BUSINESS
- Any building, store or depository in which or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits.
- HAWKER or PEDDLER
- Except as herein expressly provided, any person, principal or agent who, in any public street or highway or public place, or by going from house to house or place of business, on foot or on or from any vehicle standing in a street or highway, sells or barters, offers for sale or barter or carries on exposes for sale or barter any goods, wares or merchandise, except as hereinafter exempted.
- A person to whom a license has been granted pursuant to this chapter.
- The selling, bartering or trading, or offering to sell, barter or trade, of any goods, wares, commodities or services.
- PUBLIC PLACE
- As used herein, shall include privately owned lands which are generally open to public access, including sidewalks, parking lots of schools, banks, gasoline service stations, shopping centers, and other retail stores and establishments.
- Any person who goes from place to place or house to house, or stands in any street or public place, taking or offering to take orders for goods, wares or merchandise, except as hereinafter exempted, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever, for future delivery.
It shall be unlawful for any person, within the limits of the Village of New Paltz, to act as a hawker, peddler or solicitor, as herein defined, except in conformity with the provisions of this chapter, and without first having obtained and paid for and having in force and effect a license, as provided herein.
Every applicant for a license under this chapter shall file with the Village Clerk a sworn written application, in duplicate, on a form to be furnished by said Clerk, which shall give or be accompanied by the following:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship, and the name and address of a person upon whom legal process and notice may be served.
The length of time for which the license is desired.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
Two business references located in the County of Ulster, State of New York, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, local law, rule or regulation, the nature of the offense and the punishment or penalty assessed therefor.
If peddling or soliciting is to be conducted as a team, group, or other organized party under single leadership, or direction, control or sponsorship, the above required personal information shall also be supplied as to such leader or person in charge and with respect to each other person, employee or agent so involved.
If the applicant represents or is the agent for a principal, there shall be appended to the application a letter or other evidence of authorization or agency from the principal describing the nature and scope of such applicant's authority, and any restrictions, limitations and conditions imposed on such applicant by the principal agency or organization he represents. In addition, copies of each order form, contract, or other form or document to be utilized by the applicant in such sale or solicitation shall be attached to the application.
Where the applicant is offering for sale goods, merchandise or commodities required to be sold by weight, measure or count as provided under Article 16 of the Agriculture and Markets Law of the State of New York, such application shall be accompanied by a certificate from the Sealer of Weights and Measures, having jurisdiction thereof, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
A statement whether any previous application for a license was made, and the disposition of the application.
If the applicant shall peddle or solicit on any privately owned lands which are generally open to public access, as defined in § 155-3 hereof, the applicant shall furnish the written consent of the owner of the premises and the site plan approval of the Planning Board pursuant to § 212-23 of Chapter 212, Zoning.
Any additional information required by any competent Village office or agency in the interest of the health, safety, and welfare of the citizens of the Village.
The fee for each license issued pursuant to this chapter shall be set annually by resolution of the Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
Term. All licenses shall expire on the first day of June, following their issuance, but such license may provide for an earlier expiration date.
Investigation and issuance. The Licensing Officer with such assistance from the Police Department as may be reasonably necessary, shall investigate all applications and shall thereafter, with due dispatch, issue or deny such license to the applicant.
Denial; appeal. If after investigation of any application, the Licensing Officer shall deny same, he shall endorse on such application such disapproval and the reason for the same, and the Licensing Officer shall forthwith notify the applicant in writing of such denial and of his right of appeal as herein set forth.
Deceptive practices; threats; unfit food or merchandise. A licensee shall not resort to deceptive acts or practices, physical abuse, threats, intimidation or harassment in the course of conducting his business, or offer for sale any provision, food or merchandise that is unwholesome, unfit, deleterious or harmful to the user or consumer thereof.
Disobey signs or request to depart. A licensee shall not peddle at or solicit a private residence which has displayed a sign bearing the words "No peddling or soliciting" or words of like intent. Nor shall any licensee remain on the premises after the owner or occupant thereof shall have requested his departure therefrom.
Maintenance of equipment. A licensee shall not keep the vehicles and receptacles used by him in an unclean and unsanitary condition nor the foodstuffs and edibles offered for sale uncovered and unprotected from dirt, dust, insects, contamination or spoilage or as otherwise required by any competent municipal health authority.
Standing. Unless the license shall specifically provide otherwise, a licensee shall not stand or permit 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 premises objects. However, in no case shall the holder of any license issued hereunder remain in any one fixed location and vend his goods, wares and merchandise continuously for a period in excess of 30 minutes, nor shall said licensee resume operations during the same business day from a new location within 1/4 mile of said former site of operation.
School premises. A licensee shall not sell any confectionery or ice cream within 250 feet of any school between the hours of 7:00 a.m. and 4:00 p.m. on school days.
Block crosswalk. A licensee shall not permit any vehicle used by him to stop or remain on any crosswalk.
Maintain stand. A licensee shall not create, erect 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.
Noises. A licensee shall not blow a horn, ring a bell or use any other noisy device in excess of 75 decibels to attract public attention to his wares or shout or cry out his wares.
Use of license by another. A licensee shall not assign or transfer his license to any other person, and any transfer to, or use of such license by any other person shall be a violation, and shall automatically thereupon terminate such license.
Exhibition of license. A licensee shall not fail to carry his license upon his person, nor exhibit the same upon demand to any police, or Village officer, or citizen being solicited or involved in a transaction with him.
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, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
Veterans. No part of this chapter shall be enforced so as to conflict with § 32 of the General Business Law of the State of New York, providing exemption for veterans.
Exempt organizations. The requirements of this chapter shall not apply to the following, provided that official uniforms, clothing or other suitable identification is displayed.
Exempted transactions. Nothing in this chapter shall be held to apply to:
Sales conducted pursuant to statute or by order of any court.
Persons selling personal property at wholesale to dealers in such articles.
Merchants having an established place of business within the Village, or their employees.
The peddling of meats, fish, fruits and similar produce by farmers and persons who produce such commodities, provided they have otherwise complied with any licensing, health and safety requirements of any other competent governmental body or agency.
Dealers in milk, baked goods, heating oil, daily newspapers, and bottled gas.
Licensed real estate brokers.
Causes. Licenses issued under the provisions of this chapter may be revoked by the Board of Trustees of the Village of New Paltz after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for a license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a hawker, peddler or solicitor.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling, hawking or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing. Notice of hearing for revocation or refusal of a license shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least 10 days prior to the date set for hearing.
New application. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least 12 months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists.
Suspension; hearing; revocation by Licensing Officer. In addition to the foregoing, the Licensing Officer may forthwith temporarily suspend any license issued pursuant to this chapter upon receiving information giving reasonable cause to believe that any licensee hereunder has either violated this chapter by an act involving moral turpitude, physical abuse, threats, intimidation or harassment, or has been convicted of any violation of this chapter or of any crime or offense endangering the peace, safety, health or general welfare of the inhabitants of this Village. Within 10 days after such suspension, the Licensing Officer shall conduct a hearing and issue his determination as to whether the license shall be revoked or reinstated. If such hearing or determination is not made within said ten-day period, the license shall be restored automatically.
Appropriate signs, as the Trustees of the Village of New Paltz shall deem necessary, shall be erected by the Highway Department of the Village of New Paltz at such places within the Village of New Paltz as the Board of Trustees directs, advising of the existence of this chapter.
[Amended 10-22-2014 by L.L. No. 13-2014]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law punishable by a fine not exceeding that which is set annually by resolution of the Board of Trustees or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.