[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.]
GENERAL REFERENCES
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.
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.
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.
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.
A.
The provisions of this chapter shall not apply to
the following:
(1)
The holder of a license granted pursuant to the General
Business Law of the State of New York.
(2)
A person engaging in merchandising at the personal
request of the person solicited.
(3)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Village.
(4)
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.
(5)
Auction sales held pursuant to law by a sheriff or
other officer authorized by law to conduct such sale.
B.
This chapter shall not apply so as to unlawfully interfere
with interstate commerce.
[Amended 8-7-2018 by L.L.
No. 2-2018]
A.
Every applicant for a license is required to complete
a written application furnished by the Village Clerk, which application
shall contain the following information:
(1)
Name of applicant.
(2)
Permanent home residence.
(3)
Name and address of 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; 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.
(6)
The number of arrests or convictions for crimes and
the nature thereof.
(7)
A letter of authorization from the firm which the
applicant purports to represent.
(8)
If a vehicle is to be used, the description of such
vehicle and its license number.
(9)
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.
(10)
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.
B.
The applicant must undergo a background check by the Police Department.
C.
A fee of $75 per license must be submitted with any application.
A.
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:
(1)
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.
(2)
The aforesaid bond shall be declared forfeited upon
proof of falsification in the application for a license.
(3)
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.
B.
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.
A.
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.
B.
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.
A licensee shall:
(1)
Not willfully misstate the quantity or quality of
any article offered for sale.
(2)
Not willfully offer for sale any article of any unwholesome
or defective nature.
(3)
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.
(4)
Not frequent any street in an exclusive nature so
as to cause a private or public nuisance.
(5)
Keep the vehicle and/or receptacles used by him in
the furtherance of his licensed business in a sound, clean and sanitary
condition.
(6)
Keep his edible articles offered for sale well protected
from dirt, dust and insects.
B.
No person herein shall:
(1)
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.
(2)
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.
(3)
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.
(4)
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]
A.
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.
B.
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.
C.
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:
A.
For a first offense, a fine of not less than $500 and not more than
$1,500;
B.
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
C.
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.
