As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
SOLICITOR
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 newspapers or milk, or for services
to be performed in the future or for making, manufacturing or repairing any
article or thing whatsoever for future delivery.
VENDOR, HAWKER or PEDDLER
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any vehicle or 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 barter or carries or exposes for sale or barter any goods, wares or
merchandise, except milk and newspapers.
It shall be unlawful for any person, within the corporate limits of
the Town of Caledonia, to act as a vendor, hawker, peddler or solicitor as
herein defined without first having obtained and paid for and having in force
and effect a license therefor.
[Amended 8-11-1994 by L.L. No. 4-1994]
A. Any person desiring to procure a license as herein provided
shall file with the Town Clerk a written application upon a form furnished
by the Town Clerk and shall file at the same time satisfactory proof of good
character. Such application shall give the following information:
(1) The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2) The kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform.
(3) The method of distribution, the name, address and age
of the applicant.
(4) The name and address of the person, firm or corporation
he represents.
(5) The length of time the applicant desires the license.
(6) Such other information as may be required by the Town
Clerk.
B. Such application shall be accompanied by a certificate
from the Sealer of Weights and Measures certifying that all weighing and measuring
devices to be used by the applicant have been examined and approved.
[Amended 8-11-1994 by L.L. No. 4-1994]
The license fee shall be as established by resolution of the Town Board,
and if the licensee shall have more than one person to whom he desires a license
issued, there shall be an additional fee as established by resolution of the
Town Board for each license so issued.
[Amended 8-11-1994 by L.L. No. 4-1994]
The Town Clerk may, at any time, for a violation of this chapter or
any other ordinance or any law, revoke any license. When a license shall be
revoked, no refund of any unearned portions of the license fee shall be made.
Notice of such revocation and the reason or reasons therefor in writing shall
be served by the Town Clerk upon the person named in the application or by
mailing certified mail, return receipt requested, to the address given in
the application.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing,
made 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 is paid
to the solicitor.
It shall be the duty of the Town 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 fee paid and the date of revocation of all
licenses revoked.
[Amended 8-11-1994 by L.L. No. 4-1994]
Any person who himself or by his clerk, agent or employee shall act
as a vendor, hawker, peddler or solicitor, as herein defined, without a license
or who shall violate any of the provisions of this chapter or who, having
had his license revoked, shall continue to act as a vendor, hawker, peddler
or solicitor shall be liable to a penalty of not more $250 or imprisonment
for not more than 15 days, or both.
All fees, collections and fines collected by the Town Clerk shall be
deposited to the credit of the general Town fund, and said collections and
deposits shall be reported at the first regular Board meeting of the Town
Board of Trustees after such collections and deposits.