[HISTORY Adopted by the Common Council of
the City of Hornell: Art. I, as Ch. 12 of the 1970 Municipal Code;
Art. II, 11-24-1986 (Art. II of Ch. 14 of the 1970 Municipal Code). Sections 215-4,
215-25 and 215-31 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. II. Other amendments noted where applicable.]
[Adopted as Ch. 12 of the 1970 Municipal
Code]
[Amended 12-17-1973]
Unless otherwise expressly provided, the following
words, terms and phrases, when used in this Article, shall have the
meanings herein ascribed to them: ESTABLISHED PLACE OF BUSINESS — A
building or store in which or where the person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during regular business hours.
Any person, either principal or agent, who, from any boat
or 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 barter or carries or exposes for sale or barter any goods,
wares or merchandise, except milk, newspapers and periodicals, on
a permanent basis.
The operation of a local business for a period of more than
six months.
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.
Nothing in this Article shall be held to apply:
A.
To any sales conducted pursuant to statute or by order
of any court.
B.
To any person selling personal property at wholesale
to dealers in such articles.
C.
To merchants having an established place of business
within the city, or their employees, for soliciting orders from customers
and delivering the same.
D.
To farmers and truck gardeners who, themselves or
through their employees, vend, sell or dispose of products of their
own farms and gardens.
E.
To any honorably discharged soldier, sailor or marine
who has procured a license as provided by the General Business Law
of the State of New York, who is a cripple as a result of injuries
received while in the military or naval service of the United States
and who has otherwise complied with § 32 of said General
Business Law.
F.
To berry pickers who sell berries of their own picking.
G.
So as unlawfully to interfere with interstate commerce.
It shall be unlawful for any person within the
corporate limits of the city to act as a hawker, peddler or solicitor,
as herein defined, without first having obtained and paid for and
having in force and effect a license therefor.
[Amended 12-17-1973[1]]
The fee for a license required by this chapter shall be as provided in Chapter 142, Fees.
A.
Information required. Any person desiring to procure
a license as herein provided shall file with the City Clerk a written
application upon a blank form prepared and furnished by the city and
shall file at the same time satisfactory proof of good character.
Such application shall contain the following information:
(1)
The number and kind of vehicles 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 the applicant
desires to sell or the kind of service he desires to perform and the
method of distribution.
(3)
The name, address and age of the applicant.
(4)
The name and address of the person, firm or corporation
the applicant represents.
(5)
The length of time the applicant desires the license.
(6)
Such other information as may be required by the City
Clerk.
B.
Certificate from Sealer of Weights and Measures. 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.
A.
Upon the filing of the license application and the certificate as provided in § 215-5, the City Clerk shall, upon his approval of such application, issue a license to the applicant. Except as otherwise provided in this Article, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B.
A license issued under the provisions of this Article
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
shall each be guilty of a violation of this Article.
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.
No license issued under the provisions of this
Article shall be granted to a person under 21 years of age.
Each person licensed under the provisions of
this Article, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
It shall be the duty of the City Clerk to keep
a record of all applications and of all licenses granted under the
provisions of this Article. Such record shall show:
The Mayor may, at any time, for a violation
of this Article or any ordinance or any law, revoke any license issued
under the provisions of this Article. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason or reasons therefor, in writing,
shall be served by the City 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 with the City Clerm.
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, distinctly and legibly painted in letters
and figures at least two inches in height in a conspicuous place on
the outside of each side of every such vehicle, and such name and
address shall be kept painted plainly and distinctly at all times
while such vehicle is in use during the continuance of the license.
A hawker, peddler or solicitor licensed pursuant
to the provisions of this Article shall keep the vehicles 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.
Any licensee using a horse or wagon or motor
vehicle may employ two persons, and no more, to assist in selling
and delivering the wares, but such persons shall so act only while
accompanying a licensed peddler, hawker or solicitor.
A licensed hawker, 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.
A licensed hawker, peddler or solicitor shall
not blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares or shout or cry out his wares.
A licensed hawker, peddler or solicitor shall
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.
A licensed hawker, peddler or solicitor shall
not stand or permit the vehicle used by him to stand in any 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.
A licensed hawker, peddler or solicitor shall
not permit any vehicle used by him to stop or remain on any crosswalk.
A licensed hawker, peddler or solicitor shall
not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
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, 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.
Any person who, himself or by his clerk, agent or employee, shall act as a hawker, peddler or solicitor, as herein defined, without a license or shall violate any of the provisions of this Article or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor shall, upon conviction, be punished as provided in § 1-1 of this Code.
[Adopted 11-24-1986 (Art. II of Ch. 14 of the 1970 Municipal
Code)]
As used in this Article, the following terms
shall have the meanings indicated:
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
A person who engages or proposes to engage in a transient
retail business.
One conducted in a store, hotel, motel, building, tent, lot,
truck, tractor-trailer or structure for the retail or discount sale
of goods, wares and merchandise, excepting food products, and from
which business is intended to be conducted for a temporary period
of time and not permanently. If the place in which a business is conducted
is rented or leased for a period of four months or less, such fact
shall be presumptive that the business carried on therein is a transient
business.
The purpose of this Article is to assist the
government of the City of Hornell, the management of its business
and the preservation of good order and the peace, health, safety and
welfare of its inhabitants and the protection and security of their
property.
[Amended 12-28-1992 by L.L. No. 4-1992]
No person shall engage in business as a transient merchant unless he shall first have obtained a license to do so from the City Clerk no later than five business days before the first date of business. The fee for a transient merchant's license shall be as provided in Chapter 142, Fees.
A.
Information required. An application for a transient
merchant's license shall provide the following information:
(1)
The address of his place of residence.
(2)
The firm or firms he represents, together with copies
of documents establishing the firm's state or county, form of organization,
ownership and qualification to do business in the state and the exact
relationship between the firm and the transient merchant. (If a corporation,
the shareholders, directors and officers of the same shall be reported.)
(3)
A brief description of the nature of the business
and the kind of goods or commodities he desires to sell.
(4)
The hotel, room or other place where the applicant
proposes to sell such merchandise and the time during which said business
is to be conducted.
B.
Bond required.
(1)
Before such license is issued by the City Clerk, the
applicant will be required to post a surety bond in an amount of $25,000
with a surety company licensed to do business in this state. Said
bond shall be approved as to form and sufficiency by the City Attorney
and the City Clerk before such license is issued.
[Amended 11-9-1998]
(2)
A condition of such bond shall be that said transient
merchant will pay all state and local sales and other taxes applicable
to his transactions entered into in this city; that he will well and
truly perform any and all contracts or sales orders made within the
city; that all contracts and sales orders will be in writing and will
specify in detail all terms thereof, including but not limited to
any warranty or guaranty therein; and if said merchant takes orders
for merchandise to be delivered at a future date and accepts payment
in part or in full, that he will deliver said merchandise in a satisfactory
condition within a period of three months from the date of said contract,
a copy of which contract or sales order with full particulars is to
be delivered to the purchaser at the time of sale.
(3)
There shall be no forfeiture in respect to the three
month's limitation where there is proof that nondelivery was due to
strikes or other extraordinary events beyond the control of said merchant;
however, in such event, the merchant, upon demand, shall promptly
return, in full, the purchaser's deposit; and if he fails to do so,
the surety will be required to make restitution under said bond.
C.
Registration with Chamber of Commerce of the City
of Hornell required. Before such license is issued by the City Clerk,
the applicant will be required to file a duplicate copy of his application
with the Chamber of Commerce of the City of Hornell.
D.
Location and extent of business. Licenses hereunder
shall state the place where business is to be conducted and the date
of expiration of the terms of such business pursuant to the license.
Before any person who is a nonresident of New
York State shall have a license issued hereunder, such person must
provide to the City Clerk proof of authorization by the New York Secretary
of State to receive service pursuant to the Business Corporation Law
§ 304. A certified copy of such authorization shall be filed
with the City Clerk of the City of Hornell.
A.
Nothing in this Article shall be held to apply to
any of the following:
(1)
Sales conducted pursuant to statute.
(2)
Sales conducted pursuant to the order by any court.
(3)
Any person selling personal property at wholesale
to dealers in such articles.
(4)
The peddling of meats, fish fruit and similar produce
by farmers and persons who produce such commodities or to dealers
in milk, baked goods, heating oil and daily newspapers.
(5)
Any honorable discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General
Business Law of the State of New York.
(6)
Persons soliciting, collecting or operating a sale
on behalf of any bona fide charitable, educational, scientific, health,
religious, patriotic or other organization or worthy cause deemed
to be in the public interest.
(7)
Any person selling personal property at a garage sale
held at his residence.
(8)
Any person selling Christmas trees.
(9)
Any person selling arts and crafts when said arts
and crafts were produced by the seller.
B.
This Article shall not be construed so as to unlawfully
burden or interfere with interstate commerce.
Chapter 315, Zoning, of the Code of the City of Hornell shall apply to all licenses granted under this Article. The city reserves the right to revoke any license which violated such chapter or this Article.
The owner, proprietor or manager of any hotel,
motel, roominghouse or other place of public accommodation shall report,
within six hours after renting, to the City of Hornell Police Department
the name of any person who has rented a room or other space for the
sale and display of merchandise of a transient merchant, giving the
location of the room so rented.
[Amended 12-28-1992 by L.L. No. 4-1992]
Any person violating the provision of this Article shall be guilty of an offense and, upon conviction thereof, shall be punishable as provided in § 1-1 of the Code; and every day that a violation of this Article shall continue shall constitute a separate and distinct offense.
