[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 5-27-1992
by L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Festivals — See Ch. 102.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
A.
Application for license.
(1)
Any person desiring to procure a license, as herein provided,
shall file with the Village Clerk a written application upon a form furnished
by the Village Clerk and shall file at the same time satisfactory proof of
good character. Such application shall give:
(a)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(b)
The kind of goods, wares and merchandise he desires to
sell or the kind of service he desires to perform.
(c)
The method of distribution.
(d)
The name, address and age of the applicant.
(e)
The name and address of the person, firm or corporation
he represents.
(f)
The length of time the applicant desires the license.
(g)
Whether the applicant has been convicted of a misdemeanor
or felony.
(h)
Such other information as may be required by the Village
Clerk.
(2)
Such application shall be accompanied by a certificate
from the Sealer of Weights and Measures certifying that all weighing and measuring
devices to be used by the applicant have been examined and approved.
B.
Bond requirements. An application for a license as a
solicitor who demands, accepts or receives payment for deposit of money in
advance of final delivery shall also be accompanied by a bond to the Village
of LeRoy, approved as to form and surety by the Village Attorney, in the sum
of $5,000, with a sufficient surety or sureties or sufficient collateral security,
conditioned for making a final delivery of the goods, wares or merchandise
ordered or for services to be performed in accordance with the terms of such
order or, failing therein, that the advance payment on such order be refunded.
Any person aggrieved by the action of any licensed solicitor shall have right
by action on the bond for the recovery of money or damages, or both. Such
bond shall remain in full force and effect, and, in case of cash deposit,
such deposit shall be retained by the Village of LeRoy for a period of 90
days after the expiration of any such license, unless sooner released by the
Board of Trustees.
A.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license, as provided in § 154-3, signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B.
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person, and any person who
uses such license granted to any other person, shall each be guilty of a violation
of this chapter.
C.
Whenever a license shall be lost or destroyed on the
part of the holder of his agent or employee, a duplicate in lieu thereof,
under the original application and bond, may be issued by the Village Clerk
upon the filing with him by the licensee of an affidavit setting forth the
circumstances of the loss and what, if any, search has been made for its recovery.
D.
All licenses shall be issued from a properly bound book
with proper reference stubs kept for that purpose, numbered in that order
in which they are issued, and shall state clearly the kind of vehicle to be
used, the kind of goods, wares and merchandise to be sold or service to be
rendered, the number of his license fee paid the name and address of the licensee.
E.
Such licenses shall automatically expire on January 1
following the date of issuance of such licenses, but such licenses may specifically
state and provide for an earlier expiration date.
F.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
G.
No license shall be granted to a person under 18 years
of age.
H.
No applicant to whom a license has been refused, or who
has a license which has been revoked, shall make further application until
a period of at least six months shall have elapsed since the last previous
rejection or revocation, unless he can show that the reason for such rejection
no longer exists.
I.
Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand.
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.
A.
It shall be unlawful for any person to enter upon private
property for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after 1/2 hour before sunset of any day or after the hour
of 7:00 p.m. of any day, except upon the invitation of the householder or
occupant.
B.
It shall be unlawful for any peddler or solicitor in
plying his trade to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No Peddlers, No Solicitors,
No Agents" or other wording, the purpose of which purports to prohibit peddling
or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his
goods or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall be permit his cart, wagon
or vehicle to stand on any public highway within said distance of such school
property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall, by any trick or device or by any false representation,
obtain or attempt to obtain admission to the house or garage of any person
or corporation in the Village of LeRoy.
E.
No peddler or solicitor will blow a horn, ring a bell
or use any other noisy device to attract public attention to his wares, or
shout or cry out his wares.
F.
No peddler or solicitor shall 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 of or lessee
of the ground floor thereof objects.
G.
It shall be unlawful to create or maintain any booth
or stand, or 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.
In the interest of public safety, it shall be unlawful
for the peddler or solicitor to stand with his wares or cart within 20 feet
from an entranceway to any building, store, theater, movie house, sports arena
or other place of public assembly.
I.
No peddler or solicitor may stand in a roadway for the
purpose of selling to an occupant of a motor vehicle.
J.
No peddler or solicitor shall interfere with pedestrian
and vehicle traffic, and such interference is prohibited.
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.
