[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 4-21-1997
by L.L. No. 1-1997. Amendments noted where applicable.]
A.
MARKETPLACE
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:
A retail marketplace comprised of independent merchants selling to
the public a diverse and varied line of goods and products. Merchandise offered
for sale may include, but is not limited to, farm produce, handmade furniture
and other cottage craft products, prepared food, meats, antiques and manufactured
goods.
[Added 12-19-2006 by L.L. No. 1-2006]
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 Norwood.
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 Norwood.
Neither the word "peddling" nor the word "soliciting" shall apply to:
Farmers seeking or taking orders for or the selling or offering for
sale of 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 Norwood 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 Norwood without first registering with the Village
Clerk.
A.
Every person desiring to engage in soliciting or peddling
in the Village of Norwood shall first register, under oath, with the Village
Clerk. 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 articles, devices, subscriptions, contributions, services
or contracts 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 St. Lawrence 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
or authorized member of the Village Police Department. The fee shall be established
by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The fee schedule is on file and available for inspection
in the office of the Village Clerk.
A.
Upon registering with the Village Clerk 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.
[Amended 12-19-2006 by L.L. No. 1-2006]
B.
Notwithstanding the provisions of Subsection A hereof, the Village Clerk 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 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: "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 Norwood Municipal
Code. A false statement herein renders both the owner and the signatory liable
to punishment pursuant to Penal Law § 210.45."
(2)
The list shall be provided at least once each month or
as required by the Clerk.
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.
[Amended 12-19-2006 by L.L. No. 1-2006]
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; nor establish a 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, for
the purpose of soliciting or peddling, enter upon premises which are posted
with signs.
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 Norwood.
Notwithstanding any other provision, no person shall sell merchandise
at any public function held in the Village of Norwood, New York, on lands
owned by the Village of Norwood, 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 Chief of Police shall keep a record of all registrations made under
this chapter, and the Chief of Police 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 Executive Law
§ 172 or exempted from registration under 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 § 132-1 hereof, when so engaged.
E.
Persons 16 years of age or under.
A.
Any license hereinafter issued may be revoked by the Chief of Police of the Village of Norwood upon the failure of the licensee to comply with the standards of conduct established in §§ 132-6 through 132-11 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 Norwood 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.
A.
Violation of any provision of this chapter shall be punishable
by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
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.
