As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where a person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or solicits
for during regular business hours.
HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any boat or car on a railroad track or in any
public street or public place, or by going from house to house or place of
business to place of business, on foot or on or from any animal or vehicle,
sells or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise, except milk, newspapers and periodicals.
PERSON
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
SOLICITOR
Includes any person who goes from place to place or house to house
or who stands in any street or public place, collecting any funds or taking
or offering to take orders for goods, wares, or merchandise, except newspapers
or milk, or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
[Amended 9-2-1976 by L.L.
No. 8-1976]
[Amended 4-18-1983 by L.L.
No. 1-1983]
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court; to any person selling personal
property at wholesale to dealers in such articles; to merchants having an
established place of business within Clinton County or their employees, soliciting
orders from customers and delivering the same; to farmers and truck gardeners
who, themselves or through their employees, vend, sell or dispose of products
of their own farms and gardens; to any honorably discharged soldier, sailor
or marine who has procured a license as provided by the General Business Law
of the State of New York; to berry pickers who sell berries of their own picking;
or to persons engaged in fishing in the waters adjacent to the Village of
Rouses Point, New York, when such is sold by the person catching the same.
It shall be unlawful for any person within the corporate limits of the
Village of Rouses Point, New York, to act as a hawker, peddler or solicitor,
as herein defined, without first having obtained and paid for and having in
force and effect a license therefor.
[Amended 9-22-1976 by L.L.
No. 8-1976; 7-21-1980 by L.L.
No. 4-1980]
A. The license fees shall be as follows:
(1) For a license to hawk, peddle or solicit on foot:
(a) For one week or fraction thereof: $25.
(b) For more than one week: at the rate of $25 per week.
(2) For a license to hawk, peddle or solicit, other than
on a seasonal basis, with a vehicle of any kind, for each vehicle:
(a) For one week or fraction thereof: $50.
(b) For more than one week: at the rate of $25 per week.
(3) For a license to hawk, peddle or solicit on foot or from
a vehicle, if purchased for a season, for each vehicle.
(a) For eight weeks: at the rate of $80.
(b) For 10 weeks: at the rate of $90.
(c) For 12 weeks: at the rate of $100.
B. Any licensee using a horse and wagon or motor vehicle
may employ two persons and no more to assist in selling and delivering the
wares, but such persons shall so act only while accompanying a licensed peddler,
hawker or solicitor.
C. The above fees may be waived if the license is for an
established and generally recognized nonprofit charitable organization. Said
fees may only be waived if an application is made to the Mayor for said waiver
of fees, and provided that the Mayor deems said organization an established
and generally recognized nonprofit charitable organization.
The Mayor may, at any time for a violation of this chapter or any other
ordinance or any law, revoke any license. When a license shall be revoked,
no refund or any unearned portion of the license fee shall be made. Notice
of such revocation and the reason or reasons therefor, in writing, shall be
served by the Mayor upon the person named in the application or by mailing
the same to the address given in the application and upon filing a copy of
such notice with the Village Clerk.
A licensed hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B. Keep the vehicles and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects, and in so doing abide by
any sanitary regulations of the Village of Rouses Point, New York, relative
to the sale and display of foodstuffs.
C. Not blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares, nor shout or cry out his wares.
D. Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes, or in
front of any premises for any time if the owner thereof or lessee of the ground
floor thereof objects.
E. Not sell any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F. Not permit any vehicles used by him to stop or remain
on any crosswalk.
G. Not create or maintain any booth or stand nor place any
barrels, boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or merchandise.
H. Obtain written permission from the owner or lessee prior
to peddling or soliciting from any private property.
[Added 7-21-1980 by L.L.
No. 4-1980]
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.
It shall be the duty of the Village Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter, giving the
number and date of each license, the name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
Where a New York State departmental certificate is required for the
sale of foodstuffs or other commodities, the same shall be presented to and
acknowledged by the Chief of Police before any sales are made thereof.