Village of Canton, NY Article II Hawking and Soliciting

[Amended 2-17-2009 by L.L. No. 3-2009]

§ 198-7 Definitions.

As used in this article, the following terms shall have meanings indicated:

HAWKER

Any person traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting and exposing for sale any goods, wares, or merchandise, including food and beverages; or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle or other conveyance or from a stand or from the person. The term "hawker" and its definition are intended to be synonymous with the term "peddler."

[Amended 2-22-2011 by L.L. No. 5-2011]

PUBLIC PLACE

A parcel of land open to the outside air that has been deeded or dedicated or otherwise appropriated to the Village for public use.

SOLICITOR

Any person who goes from place to place or house to house or who stands in any public street or public sidewalk or other public place taking or offering to take orders for merchandise to be provided or for services to be performed in the future, or for the making, manufacture or repair of any article or thing whatsoever in the future.

VENDOR

When used in this article, the term shall refer to "hawkers" and "solicitors" as herein defined.

§ 198-8 License required; application.

A. Except as otherwise provided by this article, it shall be unlawful for any person to act as a hawker or solicitor within the Village of Canton, without having first obtained and paid for, and having in force and effect, a valid license therefor.

B. The application process for a license under this article shall be as follows:

(1) Any person desiring to procure a license to hawk or solicit within the Village of Canton shall file with the Village Clerk a written application upon a form furnished by the Clerk, to include the following information:

(a) The name, age, address, and taxpayer identification number of the applicant;

(b) The name, address, and taxpayer identification number of the person the applicant represents, if other than the applicant;

(c) The vendor's New York State sales tax number, if applicable;

[Amended 2-22-2011 by L.L. No. 5-2011]

(d) A clear statement of the activity proposed, including the kinds of goods, wares, and merchandise the applicant desires to sell, or the kind of service the applicant desires to perform;

(e) The location(s) proposed for the activity;

[Amended 2-22-2011 by L.L. No. 5-2011]

(f) The number and kind of vehicle, if any, to be used by the applicant in carrying on the proposed activity, together with the licence number or other means of identification;

[Amended 2-22-2011 by L.L. No. 5-2011]

(g) The length of time the applicant desires the license; and

(h) Such other information or filings as the Clerk may require, including, without limitation, proof of liability insurance naming the Village as an additional insured, indemnification and hold harmless for the benefit of the Village, any required bond, and any licenses or approvals required from the Department of Health or any other governmental agency, and a statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.

[Amended 2-22-2011 by L.L. No. 5-2011]

(i) If the proposed hawking or soliciting activity is to be conducted on a public sidewalk in front of any property or building, there shall also be provided written approval from the title owner of said property or building and from the occupant of the ground floor of said building.

(j) If the proposed hawking activity is to be conducted upon private property (other than door-to-door sales), there shall be provided written approval from the title owner of said property.

[Added 2-22-2011 by L.L. No. 5-2011]

(2) A license fee shall be payable in full at the time the license application is submitted. The amount of the license fee shall be established, and may be amended from time to time, by resolution of the Board of Trustees.

(3) Upon approval of the application, the Clerk shall issue a license. Disapproval of the application shall state the reason, including any reason set forth in the general licensing provisions of this chapter, for license denial or revocation, or upon determination that a license previously issued under this chapter to the applicant or person the applicant represents has been revoked, or for the protection of public health, safety and general welfare. The disapproval shall be mailed to the applicant. An appeal from such disapproval may be taken to the Village Board of Trustees within 30 days following the date the disapproval is mailed to the applicant.

[Added 2-22-2011 by L.L. No. 5-2011[1]]

[1] Editor's Note: This local law also redesignated former Subsection B(3) as Subsection B(4).

(4) The Village of Canton shall not be liable in any way for any act of a person licensed pursuant to this article.

§ 198-9 Regulations governing hawking and soliciting.

A. A license to hawk shall be issued only for use within the C-1, C-2, C-3, B-1, and U-1 Zoned Districts of the Village. The hawking activity shall be in conformity with allowed uses in the zone. Notwithstanding:

[Amended 2-22-2011 by L.L. No. 5-2011]

(1) No hawking or soliciting activity shall be permitted on the perimeter of the park located between Park Place, Park Street, and East Main Street (street or sidewalk) during days when the Farmers Market is operating in the park.

(2) No hawking or soliciting activity shall be permitted within the street bounds of Route 11, but may be allowed on the sidewalk.

(3) No hawking or soliciting activity shall he permitted upon any park area located within the C-1, C-2, C-3, B-1, or U-1 Zoned Districts of the Village.

B. The license shall specify the location from which the hawking or soliciting activity is permitted and shall only be valid for the activity at that location. There shall be no more than one stand, vehicle or conveyance at a designated location. The license may limit the amount of space to be occupied by the vendor. The Village reserves the right to require the licensee or those acting under the license to move the location in the event that it is a hazard to traffic, is dangerous, or in any way interferes with the movement of persons or vehicles.

C. The licensee shall be subject to the following additional regulations, which are intended to maintain public safety and order, and to protect the peace and privacy of Village residents in their homes:

[Amended 2-22-2011 by L.L. No. 5-2011]

(1) The license shall be available for display at any and all times and locations the hawking or soliciting activity is being conducted.

(2) The license shall specify the days and hours during the day when the hawking or soliciting activity shall be permitted and shall only be valid for the activity during that time frame.

(3) No hawker or solicitor shall operate upon a public sidewalk in front of any property or building, if objection is raised by the title owner of such property or by the occupant of the ground floor of such building.

(4) No hawker or solicitor shall operate so as to create an obstruction or interference to vehicular or pedestrian traffic upon any street or sidewalk, or so as to obstruct or interfere with pedestrian ingress and egress between the sidewalk and adjoining buildings. No hawker or solicitor shall operate on a Village street, except within a metered parking space. Where sales are made from vehicles, all traffic and parking regulations shall be observed.

(5) No hawker or solicitor shall, directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of its business. Vendors shall maintain a proper receptacle for use by the customer for the deposit of litter, refuse and trash.

(6) No hawker or solicitor shall use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public, unless expressly permitted by the terms of its license.

(7) No hawker or solicitor shall make false, deceptive or misleading statements concerning the quantity, character or quality of any merchandise offered for sale.

(8) 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 paid in advance, and one copy shall be given to the purchaser at the time the deposit is paid

(9) No hawker or solicitor shall enter upon private property for the purpose of hawking or soliciting before the hours of 9:00 a.m. or after the hour of 7:00 p.m. of any day, except upon the invitation of the property owner or occupant.

(10) No hawker or solicitor shall 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 of the following or similar words: "No Peddlers," "No Peddling," "No Hawkers," "No Hawking," "No Solicitors," "No Soliciting," "No Agents," the purpose of which purports to prohibit peddling, hawking, or soliciting upon the premises.

§ 198-10 Exceptions.

A. The provisions of this article shall not apply to the following:

(1) To persons having regular places for the conduct of business within the Village of Canton, owned or rented by such persons and intended to be operated on more than a temporary basis.

(2) To persons selling newspapers, heating oil, fuel wood, milk, food or beverages delivered on regular customer routes.

(3) To sales conducted pursuant to statute or by order of any court.

(4) To persons vending, selling or disposing of products at a farmers market, provided said vendors comply with all rules and regulations of, and pay all fees required by the coordinator of the farmers market.

(5) To persons vending at any special event not exceeding three days in duration, provided said vendors comply with all rules and regulations of, and pay all fees required by, the coordinator of the special event. A special event is a preplanned single event or series of events that, because of its nature, interest, location, promotion, or any combination of similar influences, is expected to draw a large number of people, proposed to be held on public property or on private property but affecting public property or requiring Village support services, for the purpose(s) of entertainment, celebration, amusement, cultural recognition, arts and crafts displays and/or sales, or similar activities. Examples include, but are not limited to, festivals, street fairs, art shows, public celebrations, outdoor concerts, and parades.

(6) To persons soliciting or collecting on behalf of a bona fide not-for-profit charitable, educational, scientific, health, religious, patriotic or other not-for-profit organization of worthy causes deemed to be in the public interest. To qualify for the exemption, the total proceeds from the activity must be remitted to the organization for which it is collected.

(7) To persons selling personal property at wholesale to dealers in such articles.

[Added 2-22-2011 by L.L. No. 5-2011[1]]

[1] Editor's Note: This local law also redesignated former Subsection A(7) as Subsection A(8).

(8) To such other persons or sales which the Board of Trustees may from time to time deem reasonably similar to the exceptions herein provided or otherwise appropriate for exception or variation from the provisions of this article.

B. An honorably discharged member of the Armed Forces of the United States or the member's surviving spouse who has procured a license issued by the St. Lawrence County Clerk as provided by New York General Business Law § 32 shall not be required to obtain a license from the Village of Canton. However, such person shall provide the Village Clerk with a copy, and shall have available for display, the license issued by the St. Lawrence County Clerk, and, unless another exception applies, such person shall comply with the requirements of § 198-9 of this article.

C. If the goods that a solicitor intends to sell are being shipped into New York State, or if the goods consist of bibles or religious tracts, a licensing fee shall not be imposed. Nevertheless, the solicitor shall be required to register with the Village Clerk.

[Added 2-22-2011 by L.L. No. 5-2011]