A.
Nothing in this article shall be held to apply:
(1)
To any sales conducted pursuant to statute or by order
of any court.
(2)
To any person selling personal property at wholesale
to dealers in such articles.
(3)
To persons under the age of 18 years.
(4)
To peddling of fruit and farm produce by farmers and
persons who produce such commodities.
(5)
To any honorably discharged member of the armed forces
or any other person who has procured a license issued by the County
Clerk as provided by § 32 of the General Business Law of
the State of New York.
(6)
To merchants having an established place of business
within the city.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall
register annually with the City Clerk in the event that they plan
to engage in vending, hawking, peddling or soliciting and shall indicate
the type of activities to be undertaken and the time when they will
be performed.
C.
Interstate commerce. This article also shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the City Clerk for a certificate of compliance, using the form of application described in § 204-5; the applicant shall also submit to the City Clerk satisfactory evidence that he is engaged in interstate commerce.
D.
Certificate of compliance. When the applicant shall
have established to the satisfaction of the City Clerk that he is
engaged in interstate commerce, or is entitled to one or more of the
above exemptions, the City Clerk shall issue to him, without charge,
a certificate of compliance, stating, among other things, that such
person has complied with the requirements of this section and has
satisfactorily established that he is engaged in interstate commerce.
Such certificate shall be carried with the person exercising it and
shall be exhibited upon demand. Each such certificate shall be invalid
after one year from its date of issue. The securing of any such certificate
by fraud or misrepresentation by any person not in fact engaged in
interstate commerce or entitled to one or more exemptions shall constitute
a violation of this article.
It shall be unlawful for any person within the
corporate limits of the city to act as a hawker, peddler, food vendor
or solicitor as herein defined or assist same without first having
obtained and paid for and having in force and effect a license therefor.
A.
Any person desiring to procure a license as herein
provided shall file with the City Clerk a written application upon
a form furnished by the City Clerk and shall file at the same time
satisfactory proof of good character. Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of
a misdemeanor or felony, and if so, give date of conviction, nature
of offense, penalty imposed and name and address of court.
(6)
The name and address of the person, firm or corporation
he represents.
(7)
The length of time the applicant desires the license.
(8)
If a partnership, the name of the business to be licensed.
(9)
Such other information as may be required by the City
Clerk.
B.
If applicable, 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.
An application for a license as a solicitor
who demands, accepts or receives payment or deposit of money in advance
of final delivery shall also be accompanied by a cash deposit of $10,000
or a ten-thousand-dollar surety company bond or other bond secured
by sufficient collateral, said bond to be approved by the City Attorney
as to form and surety conditioned for making a final delivery of the
goods, wares or merchandise ordered, or 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 the 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 a cash deposit,
such deposit shall be retained by the city for a period of 90 days
after the expiration of any such license, unless sooner released by
the City Clerk.
A.
Grant, refusal. Upon the filing of the application as provided in § 204-5, the City Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 204-4 hereof. 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 the general welfare.
(1)
The Common Council may from time to time put a moratorium
on new licenses, if, in their judgment, any of the aforestated reasons
for refusal exists.
B.
Use. 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 article.
C.
Contents. All licenses shall be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in the order in which they are issued, and shall state clearly the
kind of vehicle, if any, to be used, and the kind of goods, wares
or merchandise to be sold or service to be rendered, the dates of
issuance and expiration of the license, the fee paid and the name
and address of the licensees.
D.
Display. Every licensee, while exercising his license,
shall carry the license with him and shall exhibit the same upon demand,
or, if engaged in telephonic solicitation, shall upon each completed
call immediately state his name and address and number of his license.
Upon the filing of the application for license
and the bond, when required, as herein provided, the applicant shall
also submit a nonrefundable license fee:
