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:
PEDDLER
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."
PERSON
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.
[Amended 7-5-1988; 11-15-2011 by Ord. No. 2011-9]
A. The fees for peddler's licenses shall be as follows:
(2) For a six-month period: $90.
(3) No fee shall be required of one selling products of
the farm or orchard actually produced by the seller or one subject
to the provisions of Article 4 of General Business Law of the State
of New York or of milk peddlers.
[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.
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.