[HISTORY: Adopted by the Board of Trustees of the Village
of Hancock 9-14-1992 by L.L. No. 4-1992. Amendments noted where applicable.]
This chapter is enacted by the Village of Hancock for the purpose
of regulating transient peddling, vending, soliciting and commercial
vending in order that the peace, health, safety, welfare and good
order of the Village and of its inhabitants shall not be endangered
or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling
and Soliciting Law of the Village of Hancock."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services and who operates out of a temporary trailer, mobile home
or any other object which does not have a permanent in-ground foundation.
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
he peddles, vends or solicits in the ordinary and regular course of
business.
The selling, bartering or trading of, or offering to sell,
barter or trade, any goods, wares, commodities or services.
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or who solicits contributions of goods or moneys by going
from house to house or place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor.
Includes any individual, firm, partnership, corporation and
unincorporated association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a peddler, vendor, solicitor or commercial
vendor, as herein defined, without first having duly obtained and
having in force and effect a license therefor.
A.
An application for a license shall contain the following information:
(1)
The name and description of the applicant.
(2)
The address of the applicant (local and legal).
(3)
The name of the firm or company where the applicant is employed.
(4)
The address of the firm or company where the applicant is employed.
(5)
A description of the motor vehicle to be used, along with the license
number, if applicable.
(6)
A brief description of the nature of the business and the kind of
goods or property to be peddled, solicited or vended.
(7)
The date and length of time the applicant desires the license.
B.
The Village Clerk shall require a letter of authorization from the
firm or company which the applicant purports to represent.
C.
Each person peddling or soliciting for the same firm or company shall
be required to file a separate application.
Upon receipt of the application and of the license fee, the
Village Clerk shall investigate all applications and if reasonably
satisfied with the applicant's qualifications, the Village Clerk shall
issue a license to the applicant specifying the particular business
authorized and the location wherein it may be conducted. If, after
investigation of any application, the Village Clerk shall deny same,
he shall endorse on such application such disapproval and the reason
for same, and the Village Clerk shall forthwith notify the applicant
in writing of such denial and of his right of appeal as herein set
forth. This license shall be nontransferable and shall be in the continuous
possession of the licensee while engaged in the business licensed.
The license shall be produced upon the demand of any Village official,
prospective buyer, police officer or sheriff or his deputies.
The licensing period shall be on a daily, monthly or annual
basis, and fees for the same shall be as set forth from time to time
by resolution of the Board of Trustees.[1] Such license shall not be transferable and shall so state
on the face thereof.
[1]
Editor's Note: The current fees resolution is on file in the
office of the Village Clerk.
The Village Clerk shall keep a record of the applications, of
the determinations thereon and of all licenses issued in accordance
with this chapter. The record shall contain the name and residence
of the person licensed, the location of the business, the amount of
the license fee paid and the date of the license fee paid and the
date of revocation and/or expiration of all licenses revoked.
A.
The provisions of this chapter shall not apply to the following:
(1)
An honorably discharged member of the armed forces who is crippled
as a result of injuries received while in the military services of
the United States, who has procured a license from the Delaware County
Clerk as provided by the General Business Law of the State of New
York.
(2)
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
(3)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the town.
(4)
A truck gardener or farmer who himself, or through his employees,
vends, sells or disposes of products of his own farm or garden.
(5)
A child permanently residing in the Town of Hancock and attending
any public, parochial or private school located in the Town of Hancock
or an immediately adjacent town; or a representative of any established
church maintaining a place of worship within the town or an immediately
adjacent town; or a member of a veterans' organization, provided that
such organization has and maintains a chapter, post, lodge, camp or
other group within the Town of Hancock; or a member of a fraternal
organization or civic group, provided that such fraternal organization
or civic group maintains a chapter of local organization within the
Town of Hancock and further provided that any person coming within
the provisions of this exemption shall only peddle, vend or solicit
in connection with an authorized activity of the organization of which
such person is a member or the school which such person attends.
(6)
Auction sales held pursuant to law by a sheriff or other officer
authorized by law to conduct such sale.
B.
This chapter shall not apply so as to interfere unlawfully with interstate
commerce.
A.
A licensed peddler, vendor or solicitor shall not:
(1)
Call attention to his goods by blowing a horn, by shouting or crying
out or by any loud or unusual noise.
(2)
Frequent any street in an exclusive nature so as to cause a private
or public nuisance.
(3)
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 or the lessee of the ground
objects.
(4)
Sell confectionary or ice cream within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
B.
Commercial vending is allowed only in commercial districts, except
for the sale of confectionary or ice cream, which is also allowed
in residential districts.
[Amended 8-12-2014 by L.L. No. 2-2014]
A.
Licenses issued under provisions of this chapter may be revoked by
the Village Clerk of the Village of Hancock, after notice and hearing,
for any of the following causes:
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
C.
The Village Clerk, upon receiving information giving him reasonable
cause to believe that the holder of any license issued hereunder has
violated any provisions of this chapter or has been convicted of any
violation referred to in this section, may forthwith temporarily suspend
such license until a hearing is held by him, as provided herein, and
the Village Clerk shall have issued his determination thereon.
D.
If the licensee has one or more employees, the revocation hereunder
shall apply to the licensee and all employees if either he or any
one or more of his employees are determined to be in violation of
this chapter.
Any person aggrieved by the action of the Village Clerk in the denial of an application for a license, as provided in § 77-6 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 77-11 of this chapter, shall have the right to appeal to the Board of Trustees of the Village of Hancock. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
Any person who shall act as a peddler, vendor or solicitor,
as herein defined, without a license or who shall continue to act
as peddler, vendor or solicitor subsequent to the revocation of his
license shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day on which
such violation continues shall constitute a separate violation.
