[Adopted 11-16-1954]
It shall be unlawful for any person to engage in the business of peddler as defined in § 171-18 of this article, within the corporate limits of the City of Amsterdam, without first obtaining a permit and license therefor as provided herein.
As used in this article, the following terms
shall have the meanings indicated:
Any person, whether a resident of the City of Amsterdam or
not, traveling by foot, wagon, automobile vehicle or other type of
conveyance from place to place, from house to house or from street
to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden truck or farm products or
provisions and offering and exposing the same for sale or making sales
and delivering articles to purchasers or who, without traveling from
place to place, shall sell or offer the same for sale from a wagon,
automobile vehicle, railroad car or other vehicle or conveyance; and
further provided that one who solicits orders and as a separate transaction
makes deliveries to purchasers as a part of a scheme or design to
evade the provisions of this article shall be deemed a "peddler" subject
to the provisions of this article. The word "peddler" shall include
the words "hawker" and "huckster."
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, copartnership
or society or any other organization.
A.
Applicants for permit and license under this article
must file with the City Clerk a sworn application, in writing (in
duplicate), on a form to be furnished by the City Clerk, which shall
give the following information:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address
of the applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of employer, together
with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to
be sold or orders taken for the sale thereof are manufactured and
produced, where such goods or products are located at the time said
application is filed and the proposed method of delivery.
(7)
The names of at least three reliable property owners
of the City of Amsterdam, New York, who will certify as to the applicant's
good character and business responsibility or, in lieu of the names
of references, the fingerprints of the applicant and a photograph
of the applicant taken within 60 days immediately prior to the date
of the filing of the application, which picture shall be two inches
by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner, and such other available evidence
as to the good character and business responsibility of the applicant
as will enable an investigator to properly evaluate such character
and business responsibility.
(8)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
(9)
Where the application is for a food peddler license,
the applicant shall demonstrate having in place a valid permit issued
by the New York State Department of Health. Where the application
is for a frozen food peddler license, the applicant shall demonstrate
having in place a valid permit issued by the New York State Department
of Agriculture and Markets.
[Amended 9-5-2023 by Ord. No. 5-2023]
(10)
Liability insurance. The applicant must demonstrate proof of liability
insurance in an amount not less than $1,000,000.
[Added 9-5-2023 by Ord. No. 5-2023]
B.
At the time of filing the application, a fee of $10
shall be paid to the City Clerk to cover the cost of investigation
of the facts stated therein.
[Amended 11-15-2011 by Ord. No. 2011-9]
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
B.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
of the application and his reasons for the same and return the application
to the City Clerk, who shall notify the applicant that his application
is disapproved and that no permit and license will be issued.
C.
If as a result of such investigation the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for and return said permit along with the application
to the City Clerk, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and show the name, address and photograph of said licensee, the class
of license issued and the kind of goods to be sold thereunder, the
amount of fee paid, the date of issuance and the length of time the
same shall be operative, as well as the license number and other identifying
description of any vehicle used in such peddling. The Clerk shall
keep a permanent record of all licenses issued.
D.
Applicants must provide proof from the City of Amsterdam Police Department
that the applicant has had photograph and fingerprinting done in the
Amsterdam Police Department at least 10 days prior to application.
The photograph of the applicant taken shall be two inches by two inches
showing the head and shoulders of the applicant in a clear and distinguishing
manner, and such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
[Added 11-15-2011 by Ord. No. 2011-9]
[Amended 7-5-1988; 11-15-2011 by Ord. No. 2011-9]
A.
The fees for peddler's licenses shall be as follows:
[1]
Editor's Note: Former § 171-22, Bond, was repealed
9-5-2023 by Ord. No. 5-2023.
[Amended 11-15-2011 by Ord. No. 2011-9]
Applicants and persons soliciting or selling
for and on behalf of the applicant are required to exhibit the identification
material at all times provided by the City Clerk following approval
by the Chief of Police.
A.
Material
shall include, but not be limited to:
(1)
Identification
cards or badges which shall be prominently displayed on the person
while peddling. The identification cards or badges shall bear the
words "Licensed Peddler," the period for which the license is issued
and the number of the license in letters and figures plainly discernible
and shall be worn constantly by the licensee on his/her outer garment
or hat in such a way as to be conspicuous during such time as said
licensee is engaged in peddling.
(2)
Placard
for automobile(s) used in solicitation identifying company. All license
plate numbers of vehicles that will be used by licensed solicitators/canvassors
must be registered with the City Clerk and the Amsterdam Police Department.
No license or badge issued under the provisions
of this article shall be used or worn at any time by any person other
than the one to whom it was issued.
[Amended 12-22-1997 by L.L. No. 3-1998]
No licensee under this article, nor anyone in
his behalf, shall shout, make any outcry, blow a horn, ring a bell
or use any other sound device, including any loudspeaking radio or
amplifying system, upon any of the streets, alleys, parks or other
public places of said city or upon any private premises in said city
where sound of sufficient volume is emitted or produced therefrom
capable of being plainly heard upon the streets, avenues, alleys or
parks or other public places, for the purpose of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell. The provisions of this section shall not apply to licensees
engaged in the sale of prepared foods or confections.
No peddler shall have any exclusive right to
any location in the public streets, nor shall any be permitted a stationary
location, nor shall he be permitted to operate in any congested area
where his operations might impede or inconvenience the public. For
the purpose of this article, the judgment of a police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
Peddlers are required to exhibit their licenses
at the request of any citizen.
It shall be the duty of any police officer of
the City of Amsterdam to require any person seen peddling and who
is not known by such officer to be duly licensed to produce his peddler's
license and to enforce the provisions of this article against any
persons found to be violating the same.
The Chief of Police shall report to the City
Clerk all convictions for violation of this article, and the City
Clerk shall maintain a record for each license issued and record the
reports of violation therein.
A.
Permits and licenses issued under the provisions of
this article may be revoked by the Clerk of the City of Amsterdam
after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling 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 the hearing for revocation 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, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit or license as provided in § 171-20 of this article or in the decision with reference to the revocation of a license as provided in § 171-30 of this article shall have the right to appeal to the Council of the City of Amsterdam. Such appeal shall be taken by filing with the Council within 14 days, after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 171-30B of this article for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
All annual licenses issued under the provisions
of this article shall expire on the 31st of December in the year when
issued. Other than annual licenses shall expire on the date specified
in the license.
[Amended 12-22-1997 by L.L. No. 3-1998]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punished by a fine
of not less than $100 nor more than $1,000, by imprisonment not to
exceed 60 days, or by both such fine and imprisonment.
