[HISTORY: Adopted by the Board of Trustees of the Village of Piermont 11-14-1977 by L.L. No. 27-1977 as Ch. 74 of the 1977 Code. Amendments noted where applicable.]
Littering — Ch. 129.
This chapter is adopted to regulate the following persons: peddlers, solicitors, distributors, transient merchants, junk dealers, and hawkers. The licensing of such persons is required so that the identity of persons going door to door or distributing materials within the Village may be ascertained to protect and maintain 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 within the Village any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
- ESTABLISHED PLACE OF BUSINESS
- Any permanent building, store or depository in which or where a person transacts business and deals in the goods, wares or commodities he hawks or peddles in the ordinary and regular course of business.
- JUNK DEALER
- A person engaged in the business of buying or selling old metal, junk or other secondhand articles.
- 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 merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
- Any individual, firm, partnership, corporation, unincorporated association and 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 one 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" and shall also include any person who goes from door to door as described above for the purpose of soliciting 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 occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
The merchandising of any goods, wares, commodities or services within the Village of Piermont without first having obtained a license therefor from the Village Clerk is hereby prohibited.
The provisions of this chapter shall not apply to the following:
The holder of a license granted pursuant to the General Business Law of the State of New York.
A person engaging in merchandising at the personal request of the person solicited.
A wholesaler selling articles to dealers or merchants who have an established place of business within the Village.
A child regularly attending any local school or a representative of any established church maintaining a place of worship within the Village or servicing a significant number of Piermont residents or a member of a veteran's or service organization which meets within the Village or which is composed of a significant number of Village residents; and further provided that any person coming within the provisions of this exemption shall only hawk or peddle in connection with an authorized activity of the organization of which he or she is a member or the school which he or she attends.
Auction sales held pursuant to law by a sheriff or other officer authorized by law to conduct such sale.
This chapter shall not apply so as to unlawfully interfere with interstate commerce.
[Amended 8-7-2018 by L.L. No. 2-2018]
Every applicant for a license is required to complete a written application furnished by the Village Clerk, which application shall contain the following information:
Name of applicant.
Permanent home residence.
Name and address of firm represented, if any.
The length of time for which the license is required.
A description of the goods, wares or commodities to be offered for sale, together with a true invoice of their amount, quality and value; the place where the merchandise or services to be sold or offered for sale are manufactured or produced; where such goods or property are located at the time such application is filed and the proposed method of delivery.
The number of arrests or convictions for crimes and the nature thereof.
A letter of authorization from the firm which the applicant purports to represent.
If a vehicle is to be used, the description of such vehicle and its license number.
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
Two business references 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.
The applicant must undergo a background check by the Police Department.
A fee of $75 per license must be submitted with any application.
Prior to the issuance of any license, the applicant shall file with the Village Clerk a bond to the Village in the amount of $1,000, which bond shall be executed by the proposed licensee as principal in a surety company licensed to do business in the State of New York, which said bond shall remain in force for the term of the license to be issued and shall be conditioned as follows:
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 licensee in a sum equal to at least the amount of any payment such purchaser 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 parts thereof.
The aforesaid bond shall be declared forfeited upon proof of falsification in the application for a license.
Said bond shall be deemed forfeited upon proof of violation of any of the provisions of this chapter by the applicant or his agents, servants or employees.
The Board of Trustees may, by resolution, exempt persons from the bond requirement, provided that the applicant satisfies the Board that the nature of his activity does not jeopardize the position of the Village or the protection given herein to the residents.
Upon receipt of the application and of the license fee, and if reasonably satisfied with the applicant's qualifications after appropriate investigation, the Village Clerk shall issue a license to the applicant, specifying the particular business authorized and the location wherein it may be conducted. This license shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any Village official or prospective buyer.
The Village Clerk shall keep a record of all applications, the determinations thereon, and of all licenses issued in accordance with this chapter. The record shall contain the name and residence of the person licensed, the location of the business, the amount of the license fee paid and the date of revocation of all licenses revoked.
All licenses issued hereunder shall expire on the 31st day of December of each year immediately following their issuance, except that a license issued for a shorter period than one year shall expire at the expiration of the period for which it is issued.
The license fees for all licenses issued hereunder are hereby fixed pursuant to a schedule to be established by resolution of the Board of Trustees.
A licensee shall:
Not willfully misstate the quantity or quality of any article offered for sale.
Not willfully offer for sale any article of any unwholesome or defective nature.
Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying or by any loud or unusual noise.
Not frequent any street in an exclusive nature so as to cause a private or public nuisance.
Keep the vehicle and/or receptacles used by him in the furtherance of his licensed business in a sound, clean and sanitary condition.
Keep his edible articles offered for sale well protected from dirt, dust and insects.
No person herein shall:
Peddle, solicit or distribute merchandise except between the hours of 9:00 a.m. and 6:00 p.m., unless otherwise specifically authorized by the Board of Trustees.
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Village and displaying his license.
Leave at a property or house or in any public place circulars, samples or other matter, except newspapers, which shall be defined as periodicals with a paid circulation of at least 90% of their total circulation, except when handed to a person or house occupant.
Conduct himself in such a manner as to become objectionable or to annoy an occupant of any house.
A license may be summarily revoked by the Village Clerk by reason of a violation of the terms of the license, the violation of any local law, state or federal statute or falsification in applying for a license. Written notice of such revocation, stating the terms therefor, shall be personally served upon the licensee or mailed to the address given in the application. Upon the filing of such notice of revocation in the Village Clerk's office, with affidavit of service by mailing, such license shall be revoked. A hearing upon the revocation of the license shall be granted the licensee if said licensee shall request such a hearing as hereinafter provided.
Any person aggrieved by the denial or revocation of a license shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing with the Village Clerk, within 10 days after the notice of the action complained of has been mailed to such person's last known address, a written statement fully setting forth the grounds for the 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 to the applicant. The decision of the Board of Trustees on such appeal shall be final and conclusive.
[Added 8-7-2018 by L.L. No. 2-2018]
The Village Clerk shall prepare and maintain a list of addresses where the owner and/or occupant has notified the Clerk that hawking and peddling is not desired (hereinafter referred to as the "Do Not Knock Registry"). Notification shall be by completion of a form available at the Village Clerk's office during normal business hours. The list shall be updated as needed by the Village Clerk.
Any owner and/or occupant requesting to be enrolled on the Do Not Knock Registry, pursuant to Subsection A hereof, may also obtain from the Village Clerk a decal for display at his/her/its premises, reflecting the premises enrollment on the Do Not Knock Registry.
The Village Clerk shall make available the then-current Do Not Knock Registry to all licensees at the time the license to hawk and peddle is issued or renewed pursuant to the provisions of this chapter. It shall be a violation of this chapter for any licensee to hawk or peddle or merchandise at any premises identified on the then-current Do Not Knock Registry.
[Added 8-7-2018 by L.L. No. 2-2018]
Any person who shall act as a solicitor or peddler as herein defined without a license or who shall violate any of the provisions of this chapter or who shall continue to act as a solicitor or peddler subsequent to the revocation of his license shall be subject to a penalty as follows:
For a first offense, a fine of not less than $500 and not more than $1,500;
For a second offense within 24 months, as measured from occurrence to occurrence, a fine of not less than $1,500 and not more than $3,500; and
For a third or more offense within 24 months, a fine of not less than $3,500 and not more than $10,000, or imprisonment not to exceed 30 days, or both.
[Added 8-7-2018 by L.L. No. 2-2018]
If any portion of this chapter shall be declared invalid for any reason, the remainder thereof shall not by that reason be deemed invalid and shall continue in full force and effect.