[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 10-18-1984 by L.L. No. 6-1984
as Ch. VII of the 1984 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a building or store in which or where a person transacts
business and deals in the goods, wares and merchandise he or she hawks, peddles
or solicits for during regular business hours.
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any car on a railroad track or in 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 barters or carries or exposes for sale or barter
any goods, wares or merchandise, except milk, water, newspapers or periodicals.
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, except milk, water, newspapers or periodicals,
or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court; to any person selling personal
property at wholesale to dealers in such articles; to merchants having an
established place of business within the village or their employees for soliciting
orders from customers and delivering the same; to farmers and truck gardeners
who themselves or through their employees vend, sell or dispose of products
of their own farms and gardens; to berry pickers who sell berries of their
own picking; or so as unlawfully to interfere with interstate commerce.
No person shall act as a hawker, peddler or solicitor within the Village
of Elmira Heights without having in force and effect a license therefor issued
to him or her or his or her employer.
Any person desiring a license as herein provided shall file with the
Village Clerk upon a form furnished by the village a written application containing
the name and residence address and business address of the applicant, the
kind of business, the wares and merchandise to be sold or the kind of service
to be performed, the method of distribution, the number and kind of vehicles
to be used in carrying out the activities listed and such other information
as may be required by the Mayor. Such application shall be accompanied by
a cash deposit of the fee for the license, which fee shall be as set by resolution
of the Board of Trustees from time to time[1] for an applicant using not more than one motor vehicle and a further
fee as set by resolution of the Board of Trustees from time to time for each
additional motor vehicle to be used in carrying out the activities.
[1]
Editor's Note: The current fee schedule is on file in the village
offices.
Upon the receipt of a properly completed application and of the required
fee, the Mayor shall grant a license authorizing the applicant to act as a
hawker, peddler or solicitor within the village for a period of one year from
the date of issuance of such license or the Mayor may refuse to grant such
license for a specific reason for the protection of the public safety, health,
property, morals or general welfare and return the fee to the applicant.
A license issued under this chapter shall extend only to the person
to whom it is issued or, if the licensee is other than a natural person, to
its agent or employee acting in the course of the business of the licensee,
and a license shall be valid only for the purposes contained on the application
for such license.
Every person acting as a hawker, peddler or solicitor under this chapter
shall produce for inspection the license required by this chapter upon demand
of any magistrate or police officer, and a failure to produce a valid license
shall be a violation of this chapter.
A natural person licensed under this chapter or the agent or employee
of a licensee other than a natural person may employ not more than two persons
to accompany him or her and assist in the performance of the purposes contained
in the application for such license.
The Mayor may revoke any license issued under this chapter at any time
for a violation of this chapter. When a license is revoked, no refund of any
portion of the license fee shall be made. Notice of such revocation and the
reason or reasons, in writing, shall be served upon the licensee named in
the application personally or by mailing in a postpaid wrapper to the business
or residential address given in the application for such license.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B.
Not wear or exhibit any identification provided by the
village after the expiration or revocation of the license represented by it.
C.
Keep the vehicles and receptacles used by him or her
in a clean and sanitary condition and the food stuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
D.
Not stand or permit the vehicle used by him or her 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 of or lessee of the
ground floor thereof objects.
E.
Not stand or permit the vehicle used by him or her in
the conduct of his or her business to stand on any public place or street
within the central business district defined as follows: bounded north by
North Park Lane, east by Horseheads Boulevard, south by 13th Street and west
by Glenwood Avenue.
F.
Not sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
G.
Not permit any vehicle used by him or her to stop or
remain on any crosswalk.
