[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:
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.
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.
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:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the
applicant.
C.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
D.
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.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such
vehicle and its license number.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
A statement whether any previous application for a
license was made, and the disposition of the application.
O.
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.
P.
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.
A.
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]
B.
Term. All licenses shall expire on the first day of
June, following their issuance, but such license may provide for an
earlier expiration date.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Block crosswalk. A licensee shall not permit any vehicle
used by him to stop or remain on any crosswalk.
G.
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.
H.
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.
I.
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.
J.
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.
A.
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.
B.
Exempt organizations. The requirements of this chapter
shall not apply to the following, provided that official uniforms,
clothing or other suitable identification is displayed.
C.
Exempted transactions. Nothing in this chapter shall
be held to apply to:
(1)
Sales conducted pursuant to statute or by order of
any court.
(2)
Persons selling personal property at wholesale to
dealers in such articles.
(3)
Merchants having an established place of business
within the Village, or their employees.
(4)
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.
(5)
Dealers in milk, baked goods, heating oil, daily newspapers,
and bottled gas.
(6)
Licensed real estate brokers.
A.
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:
(1)
Fraud, misrepresentation or false statement contained
in the application for a license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a hawker, peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
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.
B.
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.
C.
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.
D.
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.
