[HISTORY: Adopted by the Council of the City
of Watervliet 4-20-1972 as Ch. 10 of the Code of Ordinances of 1972; amended in
its entirety 7-16-2009 by Ord. No. 1848. Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 98.
Garage sales — See Ch. 166.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all personal property, provisions, items or products
intended to be sold and all types of labor or personal services to
be rendered.
To go personally from house to house, from store to store,
from place to place or from street to street or to deal out, distribute
or dispense, to sell and make immediate delivery or to offer for sale
and delivery any merchandise, goods, wares or provisions in possession
of the seller, or labor or personal services, at any place within
the City of Watervliet other than from a fixed place of business,
but shall not include mailing.
Any person or company who peddles, as herein described. The
words "peddler," "hawker," and "vendor" are considered synonymous
terms.
A person, firm, association, organization, partnership, company,
corporation, society, club and all other entities of any kind capable
of being sued.
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for labor
or services to be performed at any place within the City of Watervliet
or to distribute advertising matter, but shall not include mailing.
Any person or company who solicits as herein defined.
A.
Generally, nothing in this chapter shall apply to sales conducted
pursuant to statute or by order of any court or to any person selling
personal property at wholesale to dealers in such article.
B.
The licensing provisions of this chapter shall not apply to:
(1)
Merchants having an established place of business within the City
of Watervliet or their employees.
(2)
Farmers and truck gardeners who, themselves or through their employees,
vend, sell or dispose of the products of their own farms or gardens.
(3)
Minors 18 years of age or under engaged in providing such services
as snow shoveling, grass cutting, leaf raking, lawn clearing and other
similar home services as independent contractors.
C.
This chapter shall not be construed to prevent route salesmen or
other persons having established customers to whom they make periodic
deliveries from calling upon such customers or from making calls upon
prospective customers to solicit a request for future periodic route
deliveries.
D.
Charitable, religious, educational or civic organizations.
(1)
This chapter shall not apply to solicitations by charitable, religious,
educational or civic organizations which have or maintain a regular
place of business, place of worship, chapter, lodge, troop or other
regular meeting place within the City of Watervliet or a city, town
or village contiguous to the City of Watervliet.
(2)
Charitable, religious, educational or civic organizations not described
above shall be exempt from license fees, but shall be required to
obtain a license.
A.
License required. It shall be unlawful for any person to engage,
conduct, manage, operate or cause to be conducted, managed or operated
an activity within the City of Watervliet as a peddler, solicitor,
hawker or vendor for the purpose of selling any merchandise, article
or thing or soliciting orders, sales or subscriptions or conducting
business of any kind or seeking for information or donations without
having first secured a license and paying a fee as provided in this
chapter.
B.
License application. Application for a license required by this chapter
shall be made to the City Clerk and shall give the following information:
(1)
The applicant's name.
(2)
His/her date and place of birth.
(3)
His/her residence at the time of application.
(4)
His/her residence during the past five years.
(5)
The details of an arrest record, if any, including a statement as
to whether or not the applicant has been convicted of a felony, misdemeanor
or local law violation, the nature of the offense or violation, the
penalty or punishment imposed, the date when and place where such
offense occurred, and other pertinent details thereof. The applicant
is not required to provide such information if such judgment of conviction
is sealed pursuant to the New York State Penal Law.
(6)
The nature of goods to be sold or products or services in which he/she
is interested.
(7)
Whether the applicant is to be self-employed.
(8)
If the applicant is to work on commission or percentage for any person.
(9)
The name and business address of the applicant's employer.
(10)
The names of the manufacturers of such products, goods, materials
or merchandise.
(11)
The proposed method of operation within the city, including
the identification and number of personnel to be used.
(12)
The description and number of vehicles, if any, intended to
be operated and the period of time for which the license is sought.
(13)
Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business or which, under any such
law or regulation, would exempt the applicant from the permitting
requirements of this chapter.
(14)
Two unmounted, unaltered photographs of himself/herself in such
position as to show the head and shoulders of the applicant in a clear
and distinguishing manner. Photographs shall have been taken within
60 days preceding the filing of his/her application.
(15)
The application shall contain the applicant's signature.
C.
Investigation of application. Upon receipt of the completed application
for a license required by this chapter, the City Clerk shall forward
one copy to the City of Watervliet Police Department to conduct an
appropriate investigation of the applicant's business and moral
character and as to the matters contained in the application. The
purpose of such investigation is to safeguard the public health, safety,
and welfare. Such investigations shall inquire into the veracity of
statements made upon such application and the applicant's background
and character as they relate to the legal and ethical conduct of business
as a peddler, hawker, solicitor, or vendor and are made for the protection
of the public health, safety, and welfare. Such application shall
contain the impressions of the fingers of the right and left hand
of the applicant for the purpose of obtaining criminal history records
from the New York State Division of Criminal Justice Services. Such
impressions shall be placed on forms furnished by the Division of
Criminal Justice Services, the impressions to be taken under the supervision
of the Chief of Police or his designee. Each applicant shall pay the
free required by the New York State Division of Criminal Justice Services
for such services, in the form prescribed by the New York State Division
of Criminal Justice Services, and any additional fee charged by the
City of Watervliet. Fingerprint cards and all appropriate processing
fees shall be sent directly to the New York Division of Criminal Justice
Services by the City of Watervliet Police Department.
D.
Denial of license.
(1)
If, as a result of such investigation, the applicant's background
and character as relates to the legal and ethical conduct of business
as a peddler, hawker, solicitor or vendor is found to be unsatisfactory
for the following reasons, the Clerk may refuse to issue a permit
to the applicant under this chapter:
(a)
The local and time of peddling would endanger the safety and
welfare of the peddlers or their customers;
(b)
An investigation reveals that the applicant falsified information
on the application;
(c)
No license should be issued to a person who has been convicted
of a misdemeanor or felony within a period of five years prior to
an application for such license. The Chief of Police or Clerk may
deny the issuance of a permit if the results of his/her investigation
reveal a criminal history which, in his/her opinion, demonstrates
likelihood that the applicant may pose a threat to the public health,
safety or welfare of the City of Watervliet if such license is issued.
The provisions of Articles 23 and 23-A of the New York State Correction
Law shall be considered by the Chief during his/her review of the
applicant's history;
(d)
The applicant is a person against whom a judgment based upon,
or conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application;
(e)
The applicant offers no proof of authority to serve as an agent;
or
(f)
The applicant has been denied a license under this article within
the immediate past year, unless the applicant can and does show, to
the satisfaction of the Clerk, that the reasons for such earlier denial
no longer exist.
(2)
The Chief of Police or his designee shall endorse on such application
disapproval and the reasons for such disapproval and, if applicable,
in accordance with Correction Law Article 23-A; provided, however,
that the Chief of Police or his designee may not disseminate any specific
criminal history record information. The Chief of Police and or his
designee shall then return the application to the City Clerk, who
shall notify the applicant that the application is disapproved and
the reasons therefor and that no license shall be issued. Notice shall
be mailed to the applicant at the address shown on the application
form, or to the applicant's last known address.
E.
Approval of permit. If, as a result of such investigation, the applicant's
background and character are found to be satisfactory, as relates
to the legal and ethical conduct of business as a peddler, hawker,
solicitor or vendor, the Chief of Police or his designee shall endorse
on the application approval of such application and shall return said
application to the City Clerk. Upon return of such application and
approval by the City Clerk, the Clerk shall, upon receipt of proof
of payment of the fees prescribed by this chapter, prepare, issue,
and deliver to the applicant such license.
F.
G.
Issuance of certificate; display.
(1)
Each applicant for a license required by this chapter who shows evidence
of good character and who pays the fee provided for in this chapter
shall be furnished a certificate indicating that he/she has been issued
a license under this chapter and showing the dates covered by the
license. The certificate of license shall be exhibited by such licensee
whenever requested by any person.
(2)
At the same time the license is issued, the Clerk shall issue to
each licensee a badge, which shall be worn by the licensee in such
a way as to be conspicuous at all times while the licensee is soliciting
or peddling in the City.
H.
Term of license; renewal. All licenses issued pursuant to this chapter
shall expire on the last day of December of the year in which they
were issued, unless an earlier expiration date is specified in the
license. Each license may be renewed at the expiration of its term
if the licensee continues to be qualified to hold such license and
makes application therefor, and the fee for the renewal shall be as
for an original license.
I.
Revocation of license; notice of hearing.
(1)
The City Clerk may suspend or revoke any license issued pursuant
to this chapter for any violation by the licensee of this chapter
or any other provision of this Code or other ordinance of the City,
or of any state or federal law, or whenever the licensee shall cease
to possess the qualifications or character required by this chapter
for the issuance of the license in the first instance or if any other
sufficient cause is shown for revocation of the license. Licenses
may be revoked after notice and hearing for any of the following causes:
(a)
Fraud, misrepresentation or a materially incorrect statement
contained in the application for a license.
(b)
Fraud, misrepresentation or a material incorrect statement made
in the course of carrying on the business of solicitor, peddler, hawker
or vendor.
(c)
Any violation of this chapter.
(d)
Conviction of any crime.
(e)
Conducting the business of solicitor, peddler, hawker or vendor
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
(2)
Notice of a hearing for revocation of a license issued under this
chapter shall be mailed, postage prepaid, to the licensee at the address
shown on the permit application, or at the last known address of the
licensee. The notice shall be provided in writing and shall set forth
specifically the grounds for the proposed revocation and the time
and place of the hearing, which take place at least 10 business days
after service of the notice.
J.
Appeals.
(1)
Any person aggrieved by the action or decision of the City Clerk
to deny, suspend or revoke a permit applied for under the provisions
of this chapter shall have the right to appeal such action or decision
to the General Manager within 15 days after the notice of the action
or decision has been mailed to the applicant's address as shown
on the license application form, or to his or her last known address.
(2)
An appeal shall be taken by filing with the City Clerk a written
statement setting forth the grounds for the appeal.
(3)
The Clerk shall transmit the written statement to the General Manager
within 10 days of its receipt and the General Manager shall set a
time and place for a hearing on the appeal.
(4)
A hearing shall be set no later than 20 days from the date of receipt
by the General Manager of the appellant's written statement.
(5)
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
(6)
The decision of the General Manager on the appeal shall be final
and binding.
K.
Transferability of license. No license issued under the provisions
of this chapter shall be transferred by the holder therefor without
the permission of the General Manager being endorsed thereon.
Any peddler, hawker, solicitor or vendor licensed under this
chapter shall:
A.
Not falsely or fraudulently misrepresent any article or articles
offered for sale or offer for sale any unwholesome, tainted or contaminated
goods, wares or merchandise.
B.
Not permit any automobile or other vehicle used by him or her to
stop or remain in any crosswalk.
C.
Not position himself or herself nor place any object in such a manner
so as to obstruct any street, sidewalk or public place.
D.
Have in full force and effect a commercial general liability policy,
including personal injury liability insurance, and completed products
and operations insurance, in the amount of $1,000,000 per occurrence
aggregate. The City shall be included as additional insured on said
insurance solely for the license process.
E.
If any automobile is used in the activity, have in full force and
effect a combined single limit automobile insurance for all owned
and nonowned vehicles used.
F.
Execute a hold harmless agreement, in a form satisfactory to the
City, by which the applicant shall indemnify and save harmless the
City and its agents and employees from and against all claims, damages,
loss and expense (including but not limited to attorneys fees), arising
out of or resulting from the licensed activity, sustained by an person
or persons, provided that any such claims, damage, loss or expense
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of property caused by the tortuous act or
negligent act or omission of the applicant, or the applicant's
employees.
G.
Provide proof of statutory workers' compensation and employers'
liability insurance for all employees or a waiver of same as permitted
by law.
H.
Not occupy, obstruct or in any way interfere with the normal public
use of any bench or other structure established by the City for public
use.
I.
Display his or her license prominently at all times while engaging
in the licensed activity.
J.
Immediately depart the premises of a business, householder, owner
or occupant upon being requested to do so.
K.
Behave in an orderly and peaceful manner.
L.
Comply with all other provisions of this chapter and all other chapters
of the City Code.
It shall be unlawful for any hawker, vendor, solicitor or peddler
licensed under this chapter, or any person on his behalf, to shout
make an outcry, blow a horn, ring a bell, or use any sound device
or any loudspeaker, including any loud-speaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of the City or upon any private premises in the City where the sound
is sufficient to be capable of being plainly heard upon the streets,
avenues, alleys, parks or other public places, for the purpose of
attracting attention to any goods, wares, or merchandise which such
licensee proposes to sell.
It shall be unlawful for any hawker, vendor, solicitor or peddler
licensed under this chapter to have any exclusive right to any location
in the public streets, or to be permitted a stationary location, or
to be permitted to operate in any congested area where his/her operations
might impede or inconvenience the public.
A.
No person under the age of 18 shall be permitted to engage in peddling
except as provided in this section.
B.
A license shall be obtained by a sponsoring person, company, or organization
for the conduct of any soliciting or peddling activities involving,
in whole or in part, a sales force of one or more persons under 18
years of age.
C.
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, soliciting or peddling
under the sponsor's license.
D.
The sponsor shall provide to each individual in its sales force a
badge or other easily readable form of identification which identifies
the name of the sponsor and the name of the individual. The sponsor
shall require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
soliciting or peddling.
A.
It shall be unlawful for any solicitor or peddler, either licensed
or unlicensed, to enter any privately owned building for the purpose
of selling merchandise without receiving a request by the owner or
lessee of that property inviting the peddler or solicitor to enter
upon that building for the purpose of making a sale.
B.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the City of Watervliet where the
owner, occupant or person legally in charge of the premises has posted,
at the entry to the premises, or at the entry to the principal building
on the premises, a sign bearing the words "No Solicitors," "No Peddlers,"
or words of similar import. A "No Peddlers or Solicitors" list shall
be made available to residents of the City at the office of the City
Clerk. Residents may sign up on said list, and said list shall be
presented to any prospective solicitors or peddlers.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 9:00 p.m. and 9:00 a.m.
No person shall request a donation of money or thing of value,
or solicit or peddle in an aggressive manner, to be defined as follows:
A.
Intentionally or recklessly making physical contact with or touching
another person in the course of solicitation without consent.
B.
Following the person being solicited if that conduct is reasonably
likely to intimidate the person being solicited or put the person
in fear of harm or a criminal act.
C.
Continuing to solicit within five feet of the person being solicited
after that person has made a negative response and has asked the solicitor
to discontinue.
D.
Intentionally or recklessly blocking the safe or free passage or
the person being solicited whether on foot, or in a vehicle, or other
means of transportation.
E.
Using obscene or abusive language or gestures while soliciting a
person.
F.
Soliciting within 15 feet of a bank, or automated teller machine,
during hours of business or operation, without the expressed consent
of the owner of the property.
A.
It shall be the duty of any police officer of the City of Watervliet
to:
The provisions of this article are declared to be severable.
If any section, sentence, clause, or phrase thereof shall for any
reason be held to be invalid or unconstitutional by a court of competent
jurisdiction, such decisions shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this article,
but they shall remain in effect; it being the legislative intent that
this article remain in effect notwithstanding the validity of any
part.
