§ 167-1Legislative intent.
§ 167-3Registration permit required.
§ 167-5Denial or issuance of permit.
§ 167-6Permit fee; renewal.
§ 167-9Permit conditions.
§ 167-10Restrictions on permit holders.
§ 167-11Revocation of permit.
§ 167-13Penalties for offenses.
This chapter is enacted for the purpose of regulating the distribution of certain materials, peddling, soliciting and related activities within the Village of Blasdell. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or distributing materials within the village may be established so that general regulations may be more effectively enforced for the protection and maintenance of the health, safety and welfare of the inhabitants of the village and to prevent dishonest business practices and dishonest solicitation of funds in the village.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who distributes or causes to be distributed on any street or public place of the village within any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or material of any kind.
- All goods, wares, food, meat, fish, ice cream, fruits, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers, solicitors or distributors as used herein.
- Any person, whether a resident of the village or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
- Any individual, firm, partnership, corporation, organization, club, association or any principal or agent thereof.
- Any person, whether a resident of the village or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser" or any person who goes from door to door as described above for the purpose of soliciting and/or collecting funds from a stationary location on any street or other public place.
- TRANSIENT MERCHANT
- Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and who occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the village without first applying for and obtaining a registration permit therefor from the Village Clerk.
Every applicant for a registration permit under the provisions of this chapter shall file with the Village Clerk a sworn written application, on a form to be furnished by said Clerk, which shall give or be accompanied by the following information or documents:
The name and a description of the applicant.
The permanent home address and full local address of the applicant.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
If employed, the name, address and telephone number of the employer, together with credentials establishing the exact relationship and the name of the applicant's immediate supervisor.
The length of time for which the permit is desired.
If a vehicle is to be used, a description of such vehicle and its license number and, if not owned by the applicant, the name of the owner and address of the owner.
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such merchandise is located at the time such application is filed and the proposed method of delivery.
Two business references or towns or villages where previous permits have been obtained or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
If an application is found unsatisfactory by the Police/Sheriff's Department and the application is disapproved, the Clerk shall notify the applicant, by mail, that the application is disapproved and shall deny the applicant any permit.
If an application is found satisfactory by the Police/Sheriff's Department, the Clerk shall issue a permit addressed to the applicant to conduct the business applied for upon the payment of the proper fee by the applicant. Such permit shall contain the signature of the officer and shall show the name, address and photograph of the applicant, the type of business (peddler, solicitor, distributor or transient merchant) for which the applicant has registered, the kind of goods or service to be sold thereunder, the date of issue, the length of time the certificate shall be operative and the license number and other identifying description of any vehicle used in the activity licensed.
At the time of the issuance of a permit, a fee as set by the Board of Trustees shall be paid by the applicant to cover the costs of investigation and the administration and enforcement of this chapter. The fee structure is as follows: $100 for a one-day transaction, and a per diem charge of $50 for every additional day.
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately, and each shall pay the appropriate fee.
Upon the expiration of a permit, a new permit will be issued upon compliance with all the provisions of this chapter and the payment of fees and the posting of the bond, except that the investigation and waiting period therefor may be waived if approved by the Clerk and Police/Sheriff's Department.
Prior to the issuance of any permit, the applicant shall file with the Village Clerk a bond running to the village in the amount of $1,500, with good and sufficient surety in such form as shall be approved by the Village Attorney or his designated representative. Said bond shall remain in force for the term of the permit and shall be conditioned to indemnify and pay the village for any penalties or costs incurred in the enforcement of any of the provisions of this chapter and to indemnify or reimburse any purchaser of personal property from the holder of the permit in a sum equal to at least the amount of any payment such purchaser of personal property may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or said licensee's agents, servants or employees either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property or any part thereof.
The Administrator/Village Clerk may exempt persons from the bond and fee requirements, provided that the applicant satisfies the Administrator/Clerk that the nature of his/her activity does not jeopardize the position of the village or the protection given herein to the residents.
Any person aggrieved by the action of the Police/Sheriff's Department or of the Village Clerk in the denial of a permit, as provided in § 167-5 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the 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 appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 167-11 of this chapter for notice of hearing on revocation. The decision of the Board of such appeal shall be final and conclusive.
Upon obtaining a registration permit as herein provided, a peddler, solicitor, distributor or transient merchant may conduct his activities within the village only as long as he/she adheres to the regulations set forth in this chapter.
All permits shall expire after 60 days from the date of issuance.
All permits shall not be assignable. Any holder of a permit who permits it to be used by any other person or any person who uses a certificate issued to any other person shall be guilty of an offense against this chapter.
No applicant to whom a certificate has been refused or who has had a permit revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation unless she/he can show that the reason for such rejection or revocation no longer exists.
Every peddler, solicitor, distributor or transient merchant shall, while conducting his/her activities, carry the permit with him/her and shall exhibit the same upon demand to any police officer/Sheriff or citizen.
No person or permit holder shall:
Peddle, solicit or distribute merchandise except between the hours of 9:00 a.m. and 5:00 p.m., unless the Village Clerk states otherwise on the permit or the permit holder has specifically been invited into a house by the occupant or has made an appointment with a person previously.
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Clerk and displaying his permit.
Have exclusive right to any location in the public streets or operate in any congested area where his/her operations might impede or inconvenience the public.
Leave at a property or house or in any public place circulars, samples or other matter, except a newspaper, which shall be defined as a periodical with a paid circulation of at least 90% of its total circulation, except when handed to a person willing to accept the same.
Enter or attempt to enter the land of any resident in the village without an express invitation from the occupant of such land.
Conduct oneself in such a manner as to become objectionable to or annoy an occupant of any house.
Shout, cry out, blow a horn, ring a bell or use any sound-making or sound-amplifying device upon any of the streets, parks or public places of the village or upon private premises in such a manner that sound of sufficient volume is emitted or produced to be capable of being plainly heard upon the streets, avenues, parks or other public places of the village or upon private premises thereof for the purpose of attracting attention to any merchandise or services.
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
Litter the streets, public places or properties within the village with any merchandise or printed material.
Permits issued under the provisions of this chapter may be revoked by the Board of Trustees, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or a material incorrect statement contained in the application for a permit.
Fraud, misrepresentation or a material incorrect statement made in the course of carrying on the business of the solicitor, peddler, distributor or transient merchant.
Any violation of this chapter.
Conviction of any crime or misdemeanor.
Conducting the business of peddler, solicitor, distributor or transient merchant in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
A notice of a hearing for the revocation of a permit shall be given by the Village Clerk, in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the holder of the permit at the address given on the application at least five days prior to the date set for the hearing or shall be delivered by an agent of the village in the same manner as a summons at least three days prior to the date set for the hearing.
Upon revocation, the certificate shall be surrendered to the Clerk.
No part of this chapter shall be enforced so as to conflict with Article 4, § 32, of the General Business Law of the State of New York, providing for exemptions for veterans.
The requirements of this chapter shall not apply to the following, provided that an official uniform, clothing or other suitable identification approved by the Board of Trustees is displayed:
Nothing in this chapter shall be held to apply to:
Sales conducted pursuant to statute or by order of any court.
Persons selling personal property at wholesale to dealers in such articles.
Merchants having an established place of business within the village or their employees.
The peddling of meats, fish, fruits and similar produce by farmers and persons who produce such commodities.
Dealers in milk, baked goods, heating oil and daily newspapers.
Licensed real estate brokers.
Any person committing an offense against any provision of this chapter, upon conviction thereof, is guilty of a violation, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct violation hereunder.