The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices and to protect the health, safety and welfare of the residents of the Village of Brewster.
A. 
As used in this article, the following terms shall have the meanings indicated:
MERCHANDISE, GOODS OR WARES
Includes all items or products intended to be sold.
PEDDLE
The merchandising of any goods, wares, commodities, books or periodicals by going from house to house, place of business to place of business or in any public street or public place or by temporarily occupying a room, building, structure, land or other premises therefor.
PEDDLER
Any person who peddles, as herein defined. The words "peddler," "hawker" and "vendor" are considered synonymous terms.
B. 
Gender. The terms "he," "him" or "his" shall also mean "she," "her" or "hers."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to peddle within the Village of Brewster without first having obtained and paid for and having in force and effect a license therefor.
A. 
Every applicant for a license is required to submit to the Village Clerk a written application supplying, under oath, the following information:
(1) 
The name of the applicant.
(2) 
The address of the applicant.
(3) 
The name and address of the firm represented, if any.
(4) 
The length of time for which the license is required.
(5) 
A description of the goods, wares or commodities to be offered for sale, together with a true invoice of their amount, quality and value.
B. 
Every applicant shall submit two copies of a recent photograph of himself or herself. Said photograph shall be two inches by two inches and shall show the head, full face and shoulders of the applicant. One copy shall be attached to the license application and one shall be attached to the license, if issued.
A filing fee as set forth in the Village fee schedule set from time to time by resolution of the Village of Brewster Board of Trustees is to be paid on application to the Village Clerk for each person proposing to peddle whether on foot or from a licensed vehicle. No filing fee shall be required of a veteran who has obtained a license from the Putnam County Clerk pursuant to Article 4 of the General Business Law of the State of New York.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Upon receipt of the application and license fee, the Village Clerk shall issue a license to the applicant specifying the particular business authorized. The license shall be nontransferable and shall be prominently displayed on the licensee or the vehicle used while engaged in the business licensed.
B. 
The license shall contain the following:
(1) 
The dates the license is valid.
(2) 
The license number.
(3) 
The name of the licensee.
(4) 
A photograph of the licensee.
A. 
The Village Clerk shall keep a record of the applications the determinations thereon of all licenses issued in accordance with this article, the date of revocation of any license and the reason for said revocation.
B. 
All licenses hereunder shall expire no later than three months from date of issue.
The provisions of this article shall not apply to the following:
A. 
Any person peddling at express invitation.
B. 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Village of Brewster.
C. 
A farmer owning a farm within the Village of Brewster who sells products grown on his own farm and who shall be in compliance with all other applicable municipal regulations.
A. 
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall any be permitted to operate for longer than 10 minutes in any one location.
B. 
No peddler shall sell from a location on private property without the issuance of a certificate of occupancy from the Building Department of the Village of Brewster and site plan approval from the Planning Board of the Village of Brewster.
C. 
No peddler shall peddle within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school, nor shall he or she permit his or her vehicle, if any, to stand on any public highway within said distance of school or church property.
D. 
No peddler shall solicit any business whatsoever at the scene of any accident within the Village of Brewster.
E. 
No peddler shall sell from any point within 500 feet of any established place of business selling substantially similar merchandise.
F. 
No peddler shall call attention to his goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.
G. 
No peddler shall willfully misstate the quantity or quality of any article or service offered for sale.
H. 
No peddler shall willfully offer for sale any article of an unwholesome or defective nature.
I. 
Any peddler shall keep the vehicle, if any, used by him or her in a sound, clean and sanitary condition.
J. 
No peddler shall sell within the recreation areas without the written permission of the Village of Brewster Commission of Recreation.
K. 
No peddler shall operate between the hours of 9:00 p.m. and 8:00 a.m.
A. 
Licenses issued under provisions of this article may be revoked by the Village of Brewster Board of Trustees after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his or her business as a peddler.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling in an unlawful manner or in such a way to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing for renovation of a license shall be given in writing, set forth specifically the grounds of complaint and the time and place of hearing. Notice shall be mailed, postage prepaid, to the licensee at the address set forth in the application at least 10 days prior to the date set for hearing.
C. 
The Village of Brewster Board of Trustees, upon receiving information giving it reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this article or has been convicted of any crime or offense, may forthwith temporarily suspend such license until a hearing is held by it as provided herein and the Village of Brewster Board of Trustees shall have issued its determination thereon.
Any person aggrieved by the action of the Village Clerk in the denial of the application for a license as provided in § 179-3 shall have the right to appeal to the Village of Brewster Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Village of Brewster Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at the address set forth on the application at least 10 days prior to the date set for the hearing. The decision and order of the Village of Brewster Board of Trustees on such appeal shall be final and conclusive.
Any person convicted of violating any provisions of this article shall be guilty of an offense and shall be subject to forfeit his license and pay a penalty not exceeding $250 for each offense or be imprisoned for not more than 15 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).