Village of Cuba, NY
Allegany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of Cuba Village 5-23-1977 as Ch. 70 of the 1977 Code. Amendments noted where applicable.]

§ 140-1 License required; information.

No person, firm, corporation or association shall hawk, vend, peddle, solicit orders for or offer for sale any goods, wares or merchandise or solicit charitable contributions in or upon any street, park or other public place or by going from house to house in Cuba Village and no person shall solicit from place to place, house to house or on any street or public place in said village orders for the sale of goods, wares, merchandise, periodicals or other commodities or for services to be performed or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery or solicit charitable contributions for any person, corporation or association without first having:
A. 
Registered his/her name, address, telephone number and the name and address of the company, association or corporation which he/she represents.
B. 
Filed a recent head and shoulder photograph of a size two by three (2 x 3) inches with the Police Department of the Town of Cuba.
C. 
Obtained a license from the Village Clerk to perform the above-enumerated activities within Cuba Village.

§ 140-2 Application for license.

A. 
Applications for licenses shall be made upon forms to be supplied by the Village Clerk for that purpose. Applications for all licenses required by this chapter shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
The person or company for which the applicant is a representative, whether an individual, partnership, association, religious corporation, business corporation or other type of legal person.
(3) 
The age, date, place of birth and citizenship of the applicant and any resident agent of the applicant.
(4) 
If the applicant is a partnership, the name, address and citizenship of all persons having an interest in the business.
(5) 
If the applicant is a business corporation, religious corporation, not-for-profit corporation or other type of corporation, the names, addresses and citizenship of all officers.
(6) 
Any prior convictions of the applicant or any resident natural agent of the applicant for violation of any law or ordinance.
(7) 
A statement that the applicant shall comply with all local, county, state and federal requirements.
B. 
When submitting the aforementioned application to the Village Clerk, the person or persons seeking a license pursuant to this chapter shall provide proof to the Village Clerk that they have filed the aforementioned information and picture with the Town of Cuba Police Department by obtaining a written certification of that fact from the Town of Cuba Police Department.
C. 
Upon filing the above-referred-to application with the Village Clerk and providing the above-referred-to certification from the Town of Cuba Police Department, the Village Clerk shall issue to the applicant a license to perform the activities within Cuba Village as defined in § 140-1, subject to the exceptions hereinafter stated, or if the Village Clerk for good cause shall refuse to issue such license, he/she shall refer the matter for review to the Village Board of Trustees. The Village Clerk shall give written notice to the applicant of the time and place when the Board of Trustees shall review the application to afford the applicant an opportunity to appear before the Board and present argument as to why such license should be issued to the applicant, whereupon the Board of Trustees, by a majority vote, shall determine whether or not the license shall be granted to the applicant by the Village Clerk.
D. 
Before the issuance of any license, the applicant shall pay the Village Clerk a fee as set forth from time to time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. The current fees resolution is on file in the office of the Village Clerk.
E. 
Persons or organizations organizing any event where peddling and soliciting will occur shall notify prospective vendors that a village license must be obtained prior to the event.[2]
[2]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 140-3 Restrictions.

A. 
No licensee under this chapter shall solicit orders for, peddle, vend, hawk, offer for sale or engage in any manner of sales within Cuba Village or solicit any charitable contributions by going from house to house or on any street or public place in Cuba Village except during the hours of 9:00 a.m. to 5:00 p.m. on Monday through Saturday of each week, other than national legal holidays, without special written permission of the Village Clerk.
B. 
No licensee hereunder shall falsely or fraudulently misrepresent the quality, character or quantity of any article offered for sale or services to be rendered.
C. 
It shall be unlawful for any licensee to enter upon any premises or property or to ring the bell or knock upon or enter any building wherein there is painted or otherwise affixed or displayed to the public view any signs containing any of the following words: "no peddlers," "no solicitors," no agents" or other wording the purpose of which purports to prohibit peddling or soliciting or seeking charitable contributions upon the premises.
D. 
No licensee shall stand or permit the vehicle used by him/her 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 or licensee of the ground floor thereof objects or in any place if traffic is thereby obstructed.
E. 
No licensee hereunder shall park or stand any vehicle used by him/her to engage in selling, vending, soliciting orders, hawking or soliciting charitable contributions or other activity within 500 feet of the grounds of any place of worship, public school or municipal building.

§ 140-4 Exceptions.

A license pursuant to this chapter shall not be required:
A. 
For the soliciting of orders for or peddling of, vending of or offering for sale of fresh farm produce, including but not limited to vegetables and dairy and poultry products.
B. 
Of religious, civic, educational or philanthropic organizations which are residents or located within Cuba Village.
C. 
For the hand delivery of newspapers and periodicals.
D. 
Of any person who is a resident of Cuba Village and under the age of 18 years.

§ 140-5 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.