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,
partnership, 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 AND PEDDLER
Except as hereinafter expressly provided, any person, either principal
or agent, who, from any boat or car or 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 and merchandise, except milk or newspapers.
It shall be unlawful for any persons within the corporate limits of
the Village of Ballston Spa 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.
The license fee shall be as set forth from time to time by resolution
of the Board of Trustees.
Every vehicle used by licensed vendor, hawker, peddler or solicitor
in or about his/her business shall have the name and address of the licensee
plainly, distinctly and legibly displayed in letters and figures at least
two inches in length in a conspicuous place on the outside of the left and
right side of every such vehicle, and such name shall be kept so displayed
plainly and distinctly at all times while such vehicle is in use during the
continuance of the license.
A licensed vendor, 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 of merchandise.
B. Not use the license provided by the Village after the
expiration or revocation of the license represented by them.
C. Keep the vehicles and receptacles used by him/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 blow a horn, ring a bell or use any other noisy devise
to attract public attention to his/her wares or shout or cry out his/her wares.
E. Not stand or permit the vehicle used by him/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.
F. Not sell any wares or merchandise 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/her to stop or remain
on any crosswalk.
H. 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.
I. Not stand in any public street to hawk his/her wares.
J. Not state or imply that the issuance of the license in
any way represents approval endorsement or guarantee by any part of the government
of the Village of Ballston Spa.
K. Not sell his/her wares in any area of the Village which
is zoned as residential without specific authorization by the Village Board.
[Added 3-25-2002 by L.L. No. 1-2002]
A. Definitions. As used in this section, the following terms
shall have the meanings indicated:
GARAGE SALE
Any person selling property for a twenty-four-hour period from his/her
home for the purpose of liquidating personal property irrespective of what
the person designates the sale.
B. No person shall conduct a garage sale within the Village
of Ballston Spa without a permit.
C. Any person wishing to obtain a permit must register with
the Village Clerk in person or by telephone, and no fee for such permit shall
be charged. The Village Clerk shall maintain a record of garage sale permits.
D. The Clerk shall not issue a permit to any person who
has held six garage sales in the current year. Nothing contained herein shall
apply to established religious, charitable, civic or municipal organizations.
E. No permit shall be necessary for the annual Village Garage
Sale, nor shall such event apply to the six allowable garage sales permitted
under this section.
Any person who himself/herself or by his/her clerk, agent or employee
who shall act as a vendor, hawker, peddler or solicitor, as herein defined,
without a license or shall violate any of the provisions of this chapter or
who, having had his/her license revoked, shall continue to act as a vendor,
hawker, peddler or solicitor shall be liable to a fine of not more than $250
or to imprisonment for not more than 15 days, or both.