[Adopted 9-6-1962 (Ch. 41 of the 1965 Code)]
[Amended 8-24-1976 by L.L. No. 9-1976]
It shall be unlawful for any person to engage in the business,
occupation or activity (hereinafter collectively referred to as "vending"
or "to vend") of a hawk vendor, hawker, peddler, salesman, canvasser
or solicitor of goods, wares and merchandise as buyer or seller (hereinafter
called "vendor" or "vendors") in the public streets and places and
from door to door within the corporate limits of the Village of Medina,
New York, on Sundays, holidays (as hereinafter defined) and prior
to 9:00 a.m. or after 5:00 p.m. on any other day. It shall be unlawful
for any person to engage in the business, occupation or activity of
a vendor, hawker, peddler, salesman, canvasser or solicitor of goods,
wares and merchandise as buyer or seller in the public streets, places
and from door to door within the corporate limits of the Village of
Medina, New York, on the days and during the times when such vending
is permitted as hereinabove mentioned without first applying for and
securing a license (hereinafter called a "vendors license") as hereinafter
provided.
As used in this article, the following terms shall have the
meanings indicated:
Includes New Year's Day, Good Friday, Labor Day, Thanksgiving
Day and Christmas Day.
[Added 8-24-1976 by L.L. No. 9-1976]
The Chief of Police of the Village of Medina.
[Added 9-25-1990 by L.L. No. 8-1990]
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, general-stock companies,
societies and all other entities of any kind capable of being sued.
Each natural person employed as a vendor or solicitor is required
to apply for and obtain a license.
A place other than private property.
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 or for service 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 boat or car, on a railroad
track or on any public street or public place or by going from house
to house on foot 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.
An applicant for a license shall execute an application form
at the office of the Village Police Department, which application
form shall require the following:
A.
The applicant's name, home, business and local address, if any.
B.
A physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and any
other distinguishing physical characteristics.
C.
The name and address or local principal office of the person, firm,
organization or corporation, if any, for or through whom or under
whose auspices the applicant is authorized to conduct such activity;
if a partnership, the names and addresses of the partners; if a corporation,
the names and addresses of the president, vice president, secretary
and treasurer; or a statement that the applicant is engaged in such
activity solely on his own behalf.
D.
A brief description of the type or types of articles or services
for which sales, purchases or orders are to be solicited.
E.
A statement as to the approximate amount to be collected by the applicant
and whether in full or partial payment.
F.
The length of time during which the applicant intends to remain in
the Village of Medina for the purpose of engaging in such activity.
G.
A statement whether any license similar to or like that provided
for in this article was issued or denied to the applicant within the
current or prior calendar year, whether in Medina or elsewhere, and,
if issued, whether such license had been revoked, setting forth the
reasons for such revocation.
H.
A statement as to whether the applicant has been convicted of any
crime or misdemeanor and, if so, the place where, the nature of the
offense and the punishment or penalty assessed therefor or if the
matter is pending.
I.
Credentials from the person, firm or corporation for which the applicant
proposes to do business authorizing the applicant to act as such representative.
[Amended 8-24-1976 by L.L. No. 9-1976]
The applicant, at the time of executing such application, shall
also submit identification satisfactory to the Police Department,
which shall contain a specimen of the applicant's signature.
All applicants will be fingerprinted and/or photographed if required
by the Police Department.
[Added 9-25-1990 by L.L. No. 8-1990]
The Police Department of the Village of Medina shall make such
investigation as it shall deem necessary in connection with the issuance
of such license.
[Amended 8-24-1976 by L.L. No. 9-1976]
A.
The license fees[1] payable upon the issuance of a vendor's license for
residents and nonresidents of the Village of Medina shall be as established
from time to time by the Board of Trustees.
[Amended 5-10-2010 by L.L. No. 3-2010]
[1]
Editor's Note: The current Fee Schedule is on file in the
office of the Village Clerk.
B.
The license hereunder shall be issued by the licensing officer for
a term expiring December 31 of the year in which it is issued to such
persons as the licensing officer shall deem fit and proper for such
trade or occupation, after such investigation as the licensing officer
deems necessary for the public good. Any applicant who shall have
been refused a license by the licensing officer may apply to the Village
Board of Trustees therefor at a meeting thereof, and the same may
be granted or refused by the Board.
The licensing officer may suspend any such license for any reported
violation of this article or other sufficient cause shown until the
next meeting of the Board of Trustees, and thereupon said license
may be revoked or continued by the Board. Written notice of such suspension,
together with the grounds thereof, and of the Board meeting shall
be given to the licensed person by delivery to him in person or by
mailing the same by registered mail addressed to his local address,
if any, and if none is given in his application, then to his home
or business address. At such Board meeting, the licensee shall have
an opportunity to be heard. In the event that the license is revoked,
there shall be no return of the license fee.
The license herein provided for is not assignable. It may be
renewed at its expiration only upon the execution and approval of
a new application.
A.
The vendor shall have such license in his possession at all times
and shall exhibit the same at any time upon demand by any police officer,
Village official or the person approached by any vendor.
B.
A vendor shall not conduct activities in such manner as will interfere
with the pedestrian or vehicular use of the public streets and places.
C.
He shall not directly or indirectly cause or permit the public streets
and places to be littered with papers, wrappings or other debris or
refuse.
D.
He shall not enter any house or building where there is posted on
the front of the building or premises a written notice stating that
vendors are not desired, unless the vendor has received the prior
consent of the occupant thereof.
E.
He shall make no false statements or misrepresentations in the course
of his activities and shall conduct himself at all times in an orderly
and lawful manner.
F.
He shall not use any sound device, other than a bell or horn, the
sound of which shall not be of such volume as to be disturbing or
offensive to the public, or shout or cry out for the purpose of attracting
attention to his wares or giving notice of his approach.
G.
He shall not sell any confectionery or ice cream within 250 feet
of any school property line between the hours of 8:00 a.m. and 4:00
p.m. on school days, except as permitted by the school authorities
as to time and place.
H.
A vendor shall have in his possession at all times and shall exhibit
upon demand of any police officer, Village official or any person
approached by such vendor proper identification of himself, giving
his name and address.
[Added 8-24-1976 by L.L. No. 9-1976]
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the Sealer of Weights and Measures, and, if the latter shall find
such appliances correct and true, he shall issue his certificate to
that effect, and such certificate shall be affixed thereto in a conspicuous
place. A vendor shall not carry, keep for use or use any such appliances
which shall not be correct and true and do not record and give the
weight and quantity claimed by said vendor.
[Amended 8-24-1976 by L.L. No. 9-1976]
The following transactions shall be exempted from the provisions
of this article, and no license or license fee shall be required in
the following cases, except that registration by completion of the
license application shall be required:
A.
An honorably discharged member of the Armed Forces of the United
States who is a cripple as a result of injuries received while in
the service of said Armed Forces.
B.
A veteran of the Armed Forces of the United States and a surviving
spouse of any such veteran who shall have obtained a license from
the Orleans County Clerk pursuant to the provisions of § 32
of the General Business Law of the State of New York. However, such
person must present the license issued by the County Clerk to the
Village licensing officer, who will issue a Village license without
payment of any fee. Such person shall otherwise be subject to the
requirements of this article.
[Amended 9-25-1990 by L.L. No. 8-1990]
C.
Vendors of meats, fish, fruit and farm produce by farmers and persons
who produce such commodities.
D.
Salesmen calling on and selling directly to governmental, business
and commercial establishments.
E.
Salesmen duly licensed by the State of New York while engaged in
the activity for which they are licensed.
F.
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 an independent contractor.
G.
Solicitations, sales or offers on behalf of a society, association
or corporation organized and operated exclusively for charitable,
educational, civic, patriotic, benevolent, religious or philanthropic
purposes and not for pecuniary benefit, no part of the net earnings
of which inure to the benefit of any private shareholder or individual
which has a permanent office or place for the conduct of its business
within the Village of Medina, New York, when such solicitation, sale
of offer is carried out on behalf of such society, association or
corporation by volunteers or persons employed on an annual basis for
fixed wage or salary.
H.
Solicitations at the regularly appointed meetings or services in
the regular place of worship or exercises of any church, religious
society, lodge, benevolent order or fraternity, labor union, veterans'
organization or political party, fire company or any branch thereof.
I.
Sales conducted pursuant to statute or order of any court.
J.
Persons having an established place of business within the Village
or their employees soliciting orders from customers and delivering
the same.
[Amended 9-25-1990 by L.L. No. 8-1990; 5-10-2010 by L.L. No.
3-2010]
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine of
not less than $125 and not exceeding $250 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment.
