[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 7-24-1939 by Ord. No. 54 (Ch. 70 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which the person deals in the goods, wares or merchandise for which he solicits orders from customers and delivers the same during regular business hours.
- HAWKER and PEDDLER
- Shall mean and include, except as hereinafter expressly provided, any person, either principal or agent, who, in any public street or public place or by going from house to house or place to place 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 newspapers and periodicals.
- A natural person, corporation, partnership or association.
- Any person who, by going from place to place or house to house, or who, in any street or public place, takes or offers to take orders for goods, wares or merchandise, except orders for newspapers and periodicals, or for services to be performed in the future.
The requirements of § 402-3 hereof shall not apply to persons selling personal property for resale to dealers in such articles; to merchants having an established place of business within the Village, or their employees, who obtain orders from their customers and deliver the same; to the peddling of meats, fish, fruits and farm produce by farmers and persons who produce such commodities; to hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military services of the United States; or the holder of a permit granted pursuant to § 32 of the General Business Law lawfully acting thereunder. This chapter shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person to act as a hawker, peddler or solicitor, as herein defined, within the incorporated limits of the Village of Farmingdale without first having obtained a permit therefor and without having such permit in force and effect. Such permit may be granted by the Mayor after written application therefor filed with the Village Clerk-Treasurer, specifying the name, age and address of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the permit, the kind of goods, wares and merchandise he desires to sell, the method of distribution, and such other information and proof, including satisfactory proof of good character, as may be required by the Mayor. The 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. Such permit shall automatically expire on August 19 following the date of issuance thereof.
The Mayor shall not grant such permit unless he be satisfied that the person applying be a fit and proper person to conduct such business. The permit shall be signed by the Mayor and countersigned by the Village Clerk-Treasurer. No permit shall be deemed to be in effect until the fee hereinafter prescribed shall have been paid to the Village Clerk-Treasurer and his receipt endorsed thereon. Such permit shall give the permittee the right to use only one vehicle in carrying on the business for which he is permitted. For each additional vehicle so used by him, an additional fee as established from time to time by resolution of the Board of Trustees per annum shall be paid, in which event the permit shall state the number of vehicles permitted to be used. A permittee may employ one person without a permit to assist in selling and delivering his wares, but such person without a permit shall so act only while accompanying a permitted peddler, hawker or solicitor.
The permit fee for such peddling, hawking and soliciting shall be as established from time to time by resolution of the Board of Trustees per annum. Permits as aforesaid may be granted in the discretion of the Mayor for any period less than one year upon the payment of a pro rata amount of the aforesaid permit fee, provided that no such pro rata amount shall be in an amount less than that amount established from time to time by resolution of the Board of Trustees.
Every such permittee, as well as every person holding a permit under the provisions of § 32 of the General Business Law, shall, while engaged in hawking, peddling or soliciting within the Village, carry his permit upon his person, and shall produce and exhibit the same upon demand of any officer or citizen. The refusal of any such person to produce a permit when demanded shall be presumptive evidence that he is hawking, peddling or soliciting without a permit.
A hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicle and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not use any obnoxiously noisy device to attract public attention to his wares, or shout or cry out his wares.
Not stand or permit the vehicle used by him to stand 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.
Not sell any confectionery or ice cream within 250 feet of any public or private school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicles used by him to stop or remain on any crosswalk or driveway.
Not 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.
Not peddle, hawk or solicit on Sunday nor on weekdays during the period from 1/2 hour after sunset to 1/2 hour after sunrise.
Not litter or strew public or private property with discarded containers, refuse or debris of any kind.
Every person violating this chapter or any provision thereof shall be punished by a fine not in excess of $250 or 15 days' imprisonment, or both, for each offense, and in addition thereto shall be guilty of disorderly conduct and the person violating the same shall be a disorderly person.
All ordinances or parts of ordinances in conflict with this chapter are hereby repealed. This chapter shall take effect August 19, 1939.