[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
A.
PERSON
SOLICITING AND PEDDLING
(1)
(2)
(3)
(a)
(b)
(c)
SOLICITOR OR PEDDLER
TRANSIENT MERCHANT
As used in this chapter, the following terms shall have
the meanings indicated:
Any natural person, association, partnership, firm or corporation.
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares, merchandise or services for future delivery or for subscriptions or contributions upon any streets or sidewalks or from house to house within the Village of Fultonville.
PEDDLINGThe selling or offering for sale of any goods, wares, merchandise or services for immediate delivery which the person selling or offering for sale carries with him in traveling or has in his possession or control upon any of the streets or sidewalks or from house to house within the Village of Fultonville.
Neither the word "peddling" nor the word "soliciting" shall apply to:
Farmers seeking or taking orders for or selling or offering for sale
their own produce.
The seeking or taking of orders for or the selling or offering for sale
of bread or bakery products, meat or meat products or milk and milk products
by any manufacturer or producer thereof.
The seeking or taking of orders for or the selling or offering for sale
of insurance by insurance agents or brokers licensed under the insurance laws
of the State of New York.
Any person who shall engage in soliciting or peddling, respectively,
as hereinabove defined.
A person who engages or proposes to engage temporarily in merchandising
business in the Village of Fultonville and occupies a room, building, tent,
lot, stand or other premises for the purpose of selling, trading or bartering
goods, wares and merchandise.
B.
Usage. The singular shall include the plural.
No person shall engage in soliciting or peddling or act as a transient
merchant in the Village of Fultonville without first registering with the
Village Clerk/Treasurer or an authorized village representative.
A.
Every person desiring to engage in soliciting or peddling
in the Village of Fultonville shall first register, under oath, with the Village
Clerk/Treasurer. Upon such application, such person shall give his name, address
and age; his previous criminal record, if any: the name and address of the
person for whom he works and a letter appended to the application authorizing
the applicant to represent the firm the applicant purports to represent, if
any; the type or types of article, device, subscription, contribution, service
or contract which he desires to sell or for which he wishes to solicit within
the village; the length of time he wishes to be registered; the type of vehicle
he uses, if any, and its registration number; and the name, address and title
of a company officer upon whom process or other legal notice may be served,
if the applicant is a corporation or company.
B.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above shall
be given for each helper, and an individual license shall be required for
each helper. No license issued under this chapter shall be transferable from
one person to another.
C.
If the applicant for a license uses scales or measures
in his business, he shall also file with his application for a license a certificate
issued by the Montgomery County Sealer of Weights and Measures that his scales
or measures have been tested and sealed.
No permit or license shall be issued under this chapter except upon
payment of the fee established by the Board of Trustees to the Village Clerk/Treasurer.
The fee shall be established by resolution of the Board of Trustees.
A.
Upon registering with the Village Clerk/Treasurer as
aforesaid, each solicitor or peddler shall be issued a license or permit and
may, unless he shall have been convicted of a crime involving moral turpitude,
be permitted to solicit or peddle or act as a transient merchant within the
village for the licensed period beginning on the date such license or permit
is issued and ending on the expiration date thereof. Such license or permit
shall not be transferable.
B.
Notwithstanding the provisions of Subsection A hereof, the Village Clerk/Treasurer shall be authorized to delegate the issuance of transient merchant licenses to the owner of any validly existing marketplace for casual retail sales and barter by independent vendors upon condition that said owner shall provide to the Village Clerk/Treasurer a complete list of vendors to whom licenses were issued.
(1)
The list required by this subsection shall contain a
statement on behalf of said owner as follows:
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"This list constitutes a complete list of vendors for the reporting
period. Each of said vendors was issued a transient merchant license in compliance
with the Village of Fultonville Code. A false statement herein renders both
the owner and the signatory liable to punishment pursuant to Penal Law § 210.45."
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(2)
The list shall be provided at least once each month or
as required by the Clerk/Treasurer.
A.
Every solicitor or peddler shall, at all times while
engaged in soliciting or peddling in the village, carry evidence of such registration
upon his person and shall exhibit such evidence upon request to all police
officers, village officials and citizens.
B.
Every person holding a transient merchant license shall
post said license in a prominent place in his business premises and shall
maintain said license as such at all times.
C.
No solicitor or peddler shall engage in selling or offering
for sale or in seeking or taking of orders or contracts for any goods, wares,
merchandise, article, device, subscription, contribution, service or contract
not mentioned upon such license, nor shall any person use any vehicle for
soliciting or peddling other than the vehicle registered upon his license.
D.
No license issued under the provisions of this chapter
may be transferred from one person to another. The person designated in said
license shall be the only person authorized to engage in such business thereunder.
No person shall engage in soliciting or peddling at any time on Sunday
or on any other day of the week before 9:00 a.m. or after 5:00 p.m. except
upon invitation from or an appointment with the resident.
No person engaged in soliciting or peddling or as a transient merchant
shall hawk or cry his goods, wares, merchandise, articles, contracts or services
upon any of the streets or sidewalks of the village, nor shall he use any
loudspeaker or horn or any other device on public property for announcing
his presence by which members of the public are annoyed.
No person engaged in soliciting or peddling or as a transient merchant
shall park any vehicle upon any of the streets or alleys of the village in
order to sort, rearrange or clean any of his goods, wares or merchandise or
any samples, order books, contracts, circulars, literature or advertising
matter pertaining thereto; nor may any such person place or deposit any refuse
upon any such street or curbstone market or soliciting or peddling office
by parking any vehicle upon any street or alley in the village for longer
than necessary in order to solicit from or peddle to persons residing in the
immediate vicinity.
A.
No person engaged in soliciting or peddling or acting
as a transient merchant shall occupy any of the streets or alleys or sidewalks
of the village for the purpose of soliciting or peddling, with or without
any stand or counter.
B.
No person engaged in soliciting or peddling shall enter
upon premises for the purpose of soliciting or peddling which are posted with
signs indicating that soliciting or peddling thereon is prohibited.
C.
No peddler or solicitor shall peddle, vend or sell his
goods or wares within 200 feet of any church or place of worship or any place
occupied exclusively as a public or private school or for school purposes,
nor shall he permit his cart, wagon or vehicle to stand on any public highway
within said distance of such school property.
D.
No person shall solicit any business whatsoever at the
scene of any accident within the incorporated area of the Village of Fultonville.
Notwithstanding any other provision, no person shall sell merchandise
at any public function held in the Village of Fultonville, New York, on lands
owned by the Village of Fultonville, New York, without first obtaining written
permission therefor from the Board of Trustees; and the Board may, from time
to time, adopt rules and regulations concerning such sales.
The Village Clerk/Treasurer shall keep a record of all registrations
made under this chapter, and the Village Clerk/Treasurer shall supervise the
activities of all holders of such licenses.
The following persons are exempt from the license requirements of this
chapter:
A.
Farmers engaged in selling only produce of their own
farms from a truck or other vehicle.
B.
Persons engaged in the sale of goods, wares and merchandise,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose.
C.
Persons soliciting contributions on behalf of organizations
or nonprofit corporations registered under the provisions of the Executive
Law § 172 or exempted from registration under the Executive Law
§ 172-a who, while soliciting, are possessed of a card or other
written evidence of their appointment or authority to solicit for said organization
or corporation.
D.
Persons who have been licensed by the State of New York to engage in an activity described in § 104-1 hereof, when so engaged.
E.
Persons 16 years of age or under.
A.
Any license hereinafter issued may be revoked by the Village Clerk/Treasurer of the Village of Fultonville upon the failure of the licensee to comply with the standards of conduct established in §§ 104-6 through 104-11 or upon ascertainment that the licensee has made any false statements in the application for the license hereunder or upon such licensee's being arrested and convicted of any crime involving moral turpitude.
B.
Any person whose license has been revoked shall be entitled
to appear, with counsel if desired, before the Board of Trustees of the Village
of Fultonville at a regular or special meeting and be heard on behalf of a
request for reinstatement of said license.
Each permit shall be issued in card form, shall be carried by the person
for whose benefit it is issued and shall contain the following: the number
of the permit, fee paid, date of issue, expiration date and the name, age,
weight, color, name of employer, address and signature of the holder. The
reverse side of such permit shall contain any regulations then in effect and
controlling the holder, as well as any conditions and/or limitations to which
such permit is subject.
This chapter shall not apply to village-approved garage sales.
A.
Any person violating the provisions of this chapter will
be guilty of an offense and, upon conviction thereof, shall be punishable
by a fine of not more than $250 or imprisonment for not more than 15 days,
or both such fine and imprisonment. Each days' continuation of the offense
shall be considered a separate offense.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
C.
In addition, any person who violates any
provision of the foregoing may be subject to a loss of license privilege herein
granted.
