[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 12-15-1930. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which or where a person transacts
business and deals in the goods, wares, merchandise or services or other commodities
referred to in this chapter.[Amended 8-14-1995 by L.L. No. 3-1995]
- HAWKER AND PEDDLER
- Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any boat or car on a railroad track or in any
public place or public street or by going from house to house or to place
of business, on foot or on or from any animal or vehicle, sells or barters,
offers for sale or barter or carries or exposes for sale or barter any goods,
wares, merchandise or services, except newspapers and periodicals.[Amended 8-14-1995 by L.L. No. 3-1995]
- Includes one or more persons of either sex, corporation, partnerships, association, joint-stock companies, societies and all other entities of any kind capable of being sued.
- 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, merchandise or services, except newspapers and periodicals.[Amended 8-14-1995 by L.L. No. 3-1995]
[Amended 8-14-1995 by L.L. No. 3-1995]
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statutes 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 same; to hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military service of the United States, or who has procured a license as provided by § 32 of the General Business Law of the State of New York. Nothing in this section shall be construed to permit wagons or vehicles from which farm produce is sold to stand in front of stores or private residences for a longer time than may be necessary for the sale and delivery of products purchased by the occupants of such stores or residences; nor to permit the congregating of such wagons or vehicles upon any street or thoroughfare not set apart by the municipality as a public market for the sale of farm produce. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person within the corporate limits of the Village of Elmsford to act as hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form furnished by the village, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the license and such other information as may be required by the Village Clerk. Such application shall be accompanied by a certificate from the sealer of weights and measures certifying that all measuring devices to be used by the applicant have been examined and approved.
An application for a license shall be accompanied also by a bond to the Village of Elmsford, approved as to form and surety by the Corporation Counsel in the sum of $100, with sufficient surety or sureties, conditioned for the due observance during the time of the license of any and all ordinances which are now in force or may be hereafter adopted by the village respecting hawking, peddling and soliciting.
In the case of solicitors who demand, accept or receive payments or deposits of money in advance of final delivery, such bond shall be further conditioned for making final delivery of goods, wares or merchandise ordered or service to be performed in accordance with the terms of such order, or failing therein, that the advanced payment on such be refunded. Any person aggrieved by the action on such be refunded.
Any person aggrieved by the action of any such licensed solicitor shall have a right by action on the bond for the recovery of money or damage, or both. Such bond shall remain in full force and effect for a period of six months after the expiration of any such license, unless sooner released by the Board of Trustees.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 248-3, signed by the Village Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this chapter. Whenever a license, badge or vehicle plate shall be lost or destroyed on the part of the holder or his agent or employees, a duplicate in lieu thereof under the original application and bond may be issued by the Village Clerk, upon filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his badge and license plates, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee. Such licenses shall automatically expire at the expiration of one year from the date of the issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 21 years of age. 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 six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same on demand.
[Amended 8-14-1995 by L.L. No. 3-1995]
The license fee shall be as follows: $100 per annum for each and every license to be issued hereunder, with no right or claim to a rebate or reduction of such amount in case the license expires at any time within one year of its issuance.
The Village Clerk shall supply the badges and vehicle plates to licensed hawkers, peddlers and solicitors. Such badges and plates shall not be transferred or assigned. On the expiration of the license, the licensee shall surrender his badge to the Village Clerk. It shall be unlawful for any person to destroy, deface or injure such badge in any manner or change the number or date thereon. It shall also be unlawful for any person to wear or have in his possession such badge unless he be the licensed hawker, peddler or solicitor in whose name the license is issued. Such licensee, while exercising his license, shall wear on the front of his outermost garment the badge so provided, which badge shall state the number and character of the license and the date when it expires. The vehicle plates shall be displayed by every licensee operating a vehicle, one on each side of the body of the vehicle used by him in the exercise of his license. Such vehicle plates shall state the character and number of the license and the date of expiration. The color of the vehicle plates may be changed each license year. The wearing of the badge and the display of the vehicle badge or plates apply, and failure by the licensee to wear the badge or display the vehicle plates, as aforesaid, while in the exercise of his license, shall be cause for the revocation of his license. A charge of $10 shall be made by the Village Clerk for each badge, which sum shall be refunded when the badge is returned by the licensee.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly and distinctly and legibly painted in letters and figures at least two inches in length, in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
The Village Mayor may, at any time, for a violation of this or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund of any portion (unearned) of the license fee shall be made. Notice of such revocation and the reason or reasons thereof, in writing, shall be served by the Village Clerk upon the person named in the application, or by mailing the same to the address given in the application, and upon filing a copy of such notice in the Village Clerk's office, with affidavit of service or mailing, such license shall be revoked.
A licensed huckster, peddler or solicitor shall:
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.
Not wear the badge provided by the village, or use the vehicle plates after the expiration or revocation of the license represented by them.
Keep the vehicle and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
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 the lessee of the ground floor thereof objects.
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.
Not create or maintain any booth or stand or place barrels, boxes, crates or other obstruction upon any street or public place, for the purpose of selling or exposing for sale any goods, wares or merchandise.
Not sell any goods, wares or merchandise, including food products, on or adjacent to East Main Street (Route 119), West Main Street (Route 119), South Central Avenue (Route 9A), North Central Avenue (Route 9A), North Stone Avenue, Hartsdale Road, Vincent Street and South Goodwin Avenue.
[Added 8-14-1995 by L.L. No. 3-1995]
All orders taken by licensed solicitors who demand, accept or receive payment of deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
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.
Any person or persons violating this chapter or any part thereof, or who, having had his or its license revoked, shall continue to act as a hawker, peddler or solicitor, shall be liable to a penalty of $50 for each offense.