As used in this chapter, the following terms shall have the meanings
indicated:
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, 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.
VENDOR, HAWKER AND PEDDLER
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who from any vehicle, on 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 and newspapers.
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 persons under the age
of 18 years; 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; or to berry
pickers who sell berries of their own picking. This chapter shall also not
apply so as to unlawfully interfere with interstate commerce; provided, however,
that those who shall be exempt from the terms of this chapter shall, nevertheless,
register with the Village Clerk before doing any of the acts prohibited by
this chapter and receive from said Clerk a license indicating that he has
so registered.
It shall be unlawful for any person, within the corporate limits of
the Village of LeRoy, to act as a vendor, hawker, peddler or solicitor, as
herein defined, without first having obtained and paid for and having in force
and effect a license therefor.
The license fee shall be $100 per annum, and if the licensee shall have
more than one person to whom, or vehicle for which, he desires a license issued,
there shall be an additional fee of $50 for each license so issued.
A license may be refused if the applicant shall have been convicted
of a misdemeanor or felony which in the judgment of the Village Clerk renders
the applicant unfit or undesirable to carry on the trade or occupation involved.
The Village Clerk may also refuse a license to any person who in his or her
judgment shall be an undesirable person or incapable of properly conducting
the trade or business desired.
The Village Clerk may, at any time, for a violation of this or any other
ordinance or law revoke any license. When a license shall be revoked, no refund
of 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 Village
Clerk upon the person named in the application by mailing the same to the
address given in the application.
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
made in duplicate, stating the terms thereof and the amount in advance, and
one copy shall be given to the purchaser at the time the deposit 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, fee paid and the date of revocation of all
licenses revoked.
Any person who, himself or by his clerk, agent or employee, shall act
as a vendor, hawker, peddler or solicitor, as herein defined, without a license,
or shall violate any of the provisions of this chapter, or who, having had
his license revoked, shall continue to act as a vendor, hawker, peddler or
solicitor, shall be liable to a penalty of not more than $250 for each offense,
and, in addition to said penalty, a violation of any of the provisions hereof
shall constitute disorderly conduct, and the person violating the same shall
be a disorderly person.
All fees, collections and fines collected by the Village Clerk shall
be deposited to the credit of the general fund, and collections and deposits
shall be reported at the first regular Board meeting of the Village Board
of Trustees after such collections and deposits.
Any applicant who has been refused a license by the Village Clerk may
apply to the Village Board of Trustees therefor, and the same may be granted
or refused by the Board, except as prohibited herein. After a public hearing
thereon at which time the licensee shall have an opportunity to be heard,
the Village Board may revoke any license issued under authority or this chapter
to any applicant whom the Village Board shall determine to be an undesirable
person or incapable of properly conducting the trade or business previously
licensed. The granting, refusal or revocation of such license by the Village
Board shall be subject to review by certiorari.