This chapter shall be known and may be cited
as the "Peddler and Solicitor Law of the Village of Spring Valley."
The attention of the Board of Trustees of the
Village of Spring Valley has been directed to abuses and unscrupulous
and disruptive acts by persons engaging in door-to-door soliciting
and selling goods, merchandise and wares; and the imposition of unwarranted
obligations and commitments upon the residents of the Village by such
itinerant persons engaging in abuse, violent conduct and threats;
and that many of the foregoing have resulted in complaints to the
Village Police because of unruly conduct or behavior, or exaggerated,
unethical and spurious claims and representations with respect to
such goods, ware and merchandise; and that such improper conduct has
violated the peace, good order and safety and general welfare of the
citizens of the Village; and it is, therefore, the intent of the Village
Board, by the enactment of this chapter, to minimize and prevent the
foregoing abuses and violations of the rights of the citizens of the
Village of Spring Valley and to protect them and the general welfare
as hereafter more fully provided.
Every applicant for a license hereunder shall
submit a verified written application to the Village Clerk supplying
the following information:
A. Name, permanent home address and local address, if
any, of applicant.
B. A physical description of the applicant, setting forth:
C. A detailed statement of the particular business, trade
or occupation for which the license is requested and a description
of the goods, wares, merchandise or commodities offered for sale.
D. The name and address of the person, firm or corporation,
if any, he represents; the names and addresses of all partners, if
a partnership; the names and addresses of the principal officers,
if a corporation; and the name and address of a person upon whom legal
process and notice may be served.
E. Prior arrests and the disposition thereof, including
the date and nature of such arrest, and location of the court where
such record or disposition is on file.
F. The number and kind of motor vehicles to be used in
carrying on the business, and the registration, license and insurance
data for such vehicle and operators thereof.
G. Three photographs, two inches by two inches in size,
taken within 60 days immediately prior to the date of filing of the
application, showing clearly the face, and shoulders of the applicant.
H. References as to the applicant's good character, such
as at least two residents of Rockland County, or municipalities in
Rockland or adjoining counties in which the applicant has conducted
his business or operations.
I. If peddling or soliciting is to be conducted as a
team, group or other organized party under single leadership or direction,
control or sponsorship, the above-required personal information shall
also be supplied as to such leadership or person in charge and with
respect to each other person, employee or agent so involved.
J. If such applicant represents or is the agent for a
principal, there shall be appended to the application a letter or
other evidence of authorization or agency from the principal describing
the nature and scope of such applicant's authority and any restrictions,
limitations and conditions imposed on such applicant by the principal
agency or organization he represents. In addition, copies of each
order form, contract or other form or document to be utilized by the
applicant in such sale or solicitation shall be attached to the application.
K. Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count, as
provided under Article 16 of the Agriculture and Markets Law of the
State of New York, such application shall be accompanied by a certificate
from the Sealer of Weights and Measures, having jurisdiction thereof,
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved.
L. Any additional information required by the competent
Village office or agency in the interest of the health and safety
and welfare of the citizens of the Village, including denials of license
or their revocation by municipalities within six months of the present
application.
A fee, the amount of which is set forth in Chapter
118 of this Code, shall be paid by each individual to be licensed hereunder, and said fee, payable to the Village Clerk, shall be applied to the cost of processing the license applications and otherwise enforcing and effectuating the objectives of this chapter, without, however, imposing an undue burden on the interstate business activities of any applicant, and provided further that any applicant may apply to the Village Clerk for an adjustment of such fee where the same appears discriminatory, unreasonable or unduly burdensome in the circumstances, as shown by affidavit and appropriate supporting evidence. Thereupon and with due deliberate speed, the Village Clerk shall determine whether the fee fixed hereunder is discriminatory, unreasonable or unduly burdensome on the applicant's interstate business activities and shall fix as the license fee an amount that is fair and reasonable in the circumstances and file a report thereon in the Clerk's records. Any applicant aggrieved by a determination of such Village official shall be advised of his right to appeal such decision to the Mayor, or his/her designated agent, whose determination shall be final.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit of money is paid to the solicitor,
and which shall contain a notice of right of cancellation as below
set forth.
As more fully provided and set forth in the
New York State Home Solicitation Sales Act, which is incorporated herein by reference as to rights,
remedies and procedures in any sale, order for purchase or agreement
to buy which was induced by or the result of harassment, intimidation,
abusive conduct, misrepresentation of material facts or high-pressure
tactics by the solicitor, any person or consumer shall have the right
of cancellation as therein set forth upon giving written notice to
the solicitor, by mail properly addressed and postage prepaid, and
notice, the language or tenor of which makes clear the purchaser's
intention to return such goods, wares or merchandise, will be sufficient.
In such event, the seller's failure to tender to the buyer all payments
made by the buyer, with an acknowledgment of his cancellation of the
order, shall be deemed a violation of this chapter and shall subject
the licensee to any penalties hereunder, in addition to any penalties
provided under the New York State Home Solicitation Sales Act.
[Added 2-15-2011 by L.L. No. 3-2011; amended 4-26-2011 by L.L. No.
10-2011]
The number of peddler licenses to be issued by the Village Clerk
for the sale of ice cream dispensed from trucks or bicycle-type vehicles
is limited to six. The license shall be effective from March 1 through
October 31 of each year.
Any licensee aggrieved by any action or determination
of the Village Clerk hereunder may appeal to the Mayor of the Village
of Spring Valley or any agent or agency he may designate, within 14
days after notice of the action or determination complained of has
been mailed to his last known address, by filing a written statement
setting forth fully the grounds for appeal. The Mayor or his or her
agent shall set a time and place for a hearing on such appeal, and
notice of such hearing shall be mailed to the applicant's last known
address at least five days prior to the date set for the hearing.
The decision and order of the Mayor or his or her agent on such appeal
shall be final and conclusive.
The Village Clerk shall keep a record of all
applications and of all licenses granted hereunder, giving the number
and date of each license, the name and residence of the person licensed,
the license fee paid and also the date of revocation of licenses revoked,
if any.
Any person violating the provisions of this
chapter shall be liable to a fine of not more than $500 for a first
violation and not more than $1,000 for each additional violation and/or
not more than 15 days in jail, and each day of such violation shall
constitute a separate offense.
The Police Department of the Village of Spring
Valley and/or the code enforcement officials employed by the Village
elsewhere in this Code shall have the power, right and authority to
issuance an appearance ticket for the violation of any section of
this chapter.