[Adopted 5-17-1932]
As used in this Article, the following terms
shall have the meanings indicated:
A building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
Except as hereinafter expressly provided, any person, either
principal or agent, who, from any boat or car on a railroad track
or in any public street or public place or by going from house to
house or place of business to place of business, 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.
[Amended 1-20-1947]
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being used.
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, except for services to
be performed in the future, or for making, manufacturing or repairing
any article or thing whatsoever for future delivery.
[Amended 1-20-1947]
Nothing in this Article shall be held to apply
to any sales conducted pursuant to statute or by order of any court;
to any person selling personal property at wholesale to dealers in
such articles; to merchants having an established place of business
within the village or their employees for soliciting orders from customers
and delivering the same; to farmers and truck gardeners, who themselves
or through their employees vend, sell or dispose of products of their
own farms and gardens; or to berry pickers who sell berries of their
own picking. This Article shall also not apply so as unlawfully to
interfere with interstate commerce. This Article shall, however, apply
to peddlers and vendors of trees, potted plants, flowers and food,
except vegetables sold by farmers and truck gardeners who produce
the same.
It shall be unlawful for any person, within
the corporate limits of the Village of Port Chester, to act as a hawker,
peddler or solicitor as herein defined without first having obtained
and paid for and having in force and effect a license therefor.
[Amended 8-10-1936; 11-2-1992 by L.L. No. 15-1992]
A.
Any person desiring to procure a license as herein
provided shall file with the Village Clerk a written application upon
a blank form prepared by the Corporation Counsel and furnished by
the Village Clerk and shall file with the Village Clerk satisfactory
proof of good character. Such application shall give the number and
kind of vehicles to be used by the applicant in carrying on the business
for which the license is desired; the kind of goods, wares and merchandise
he desires to sell or the kind of service he desires to perform; the
method of distribution; the name, address and age of the applicant;
the name and address of the person, firm or corporation he represents;
the length of time the applicant desires the license; and such other
information as may be required by the Village Clerk. 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. It shall also
be accompanied by a sales tax registration certificate from the State
of New York.
B.
An application for a license shall be accompanied
by a bond to the village, approved as to form and surety by the Corporation
Counsel, in the penal sum of $15,000, conditioned for the due observance
during the term of the license of any and all laws adopted by the
village respecting hawking and peddling.
C.
The application shall also be accompanied by a liability
insurance policy in the amount of $1,000,000 for personal injury and
$100,000 property damage, which policy will name the village as an
additional insured.
[Amended 1-20-1947; 5-19-1947; 5-2-1990 by L.L. No. 4-1990; 11-3-1997 by L.L. No.
17-1997]
Upon the filing of the application and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 195-3, signed by the Village Clerk. 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 general welfare. 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 law. Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application may be issued by the Village Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. The Village Clerk shall charge a fee as set forth in Chapter 175, Fees, for a duplicate. 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 to be used; the kind of goods, wares and 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 licensee. Such license shall automatically expire on May 1 following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under the age of 18 years, except to peddlers or vendors of newspapers who may be licensed if they are not under 16 years of age. No license to sell foodstuffs or beverages shall be issued except upon presentation of a certificate from the Westchester County Board of Health showing an acceptable rating. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
[Amended 8-10-1936; 1-6-1975; 5-12-1980 by L.L. No. 7-1980; 5-29-1991 by L.L. No.
9-1991]
The license fee for each and every license to be issued to a resident and for each and every nonresident of the village shall be as set out for that category in Chapter 175, Fees, of the Village Code, with no right or claim to a rebate or reduction of such amount in case the license expires any time within one year of its issuance. Any licensee using a horse and wagon or motor vehicle may employ two persons, and no more, to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor. A separate license fee shall be paid for each horse and wagon or motor vehicle utilized in the selling and delivering of peddler's wares.
[Amended 11-3-1997 by L.L. No. 17-1997]
The Village Clerk shall supply badges and vehicle plates to licensed hawkers, peddlers and solicitors. Such badges and plates shall not be transferred or assigned. On the expiration of the license the licensee shall surrender his badge to the Village Clerk. It shall be unlawful for any person to destroy, deface or injure such badge in any manner, or change the number thereon. It shall also be unlawful for any person to wear or have in his possession such badge unless he is the licensed hawker, peddler or solicitor in whose name the license is issued. Such licensee, while exercising his license, shall wear on the front of his outermost garment the badge so provided, which badge shall state the number. The vehicle plates shall be displayed by every licensee operating a vehicle, one on each side of the body of the vehicle used by him in the exercise of his license. Such vehicle plates shall state the number of the license and the date of expiration. The color of the vehicle plates shall be changed each licensed year. The wearing of the badge and the display of the vehicle plates are hereby made a condition of every license to which such badge or plates apply, and failure by the licensee to wear the badge or to display the vehicle plates, as aforesaid, while in the exercise of his license, shall be cause for the revocation of such license. A charge as set forth in Chapter 175, Fees, shall be made by the Village Clerk for each badge, which sum shall be refunded when the badge is returned by the licensee.
Every vehicle used by a licensed hawker, peddler
or solicitor in or about his business shall have the number of the
licensee and his address plainly, distinctly and legibly painted in
letters and figures at least two inches in length in a conspicuous
place on the outside of each side of every such vehicle, and such
name and address shall be kept so painted plainly and distinctly at
all times while such vehicle is in use during the continuance of the
license.
The Mayor may, at any time, for a violation
of this Article or any other ordinance or any law, revoke any license.
When a license shall be revoked, no refund of any unearned portion
of the license fee shall be made. Notice of such revocation and the
reason or reasons therefor, in writing, shall be served by the Village
Clerk upon the person named in the application or by mailing the same
to the address given in the application, and upon filing a copy of
such notice with the Chief of Police.
[Amended 1-20-1947; 11-30-1988 by L.L. No. 23-1988; 3-1-1989 by L.L. No. 3-1989]
A.
A licensed hawker, peddler or solicitor shall:
(1)
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 of merchandise.
(2)
Not wear the badge provided by the village or use
the vehicle plates after the expiration or revocation of the license
represented by them.
(3)
Keep the vehicles 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.
(4)
Not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares or shout or cry out
his wares.
(5)
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than five minutes
or in front of any premises for any time if the owner or lessee of
the ground floor thereof objects.
(6)
Not sell any confectionery 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.
(7)
Not permit any vehicle used by him to stop or remain
on any crosswalk.
(8)
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.
(9)
Not sell any ice cream or soft drinks, except with
the written approval of the Health Officer of the Village of Port
Chester, and such written approval shall at all times be carried by
any person peddling, vending or hawking or otherwise selling from
any wagon or vehicle, ice cream or soft drinks and shall be exhibited
upon demand to any citizen desirous of examining the same.
B.
There shall also be no hawking or peddling on any
property having a "No Soliciting" sign.
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, 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 of money is paid to the solicitor.
It shall be the duty of the Village Clerk to
keep a record of all applications and of all licenses granted under
the provisions of this Article, giving the number and date of each
license, the name and residence of the person licensed, the amount
of the license fee paid, and also the date of revocation of all licenses
revoked.
This Article shall not prevent or in any manner
interfere with the hawking or peddling, without the use of any but
a hand-driven vehicle, in any street, avenue, alley, lane or park
of the Village of Port Chester, by an honorably discharged soldier,
sailor or marine who is a cripple as a result of injuries received
while in the military or naval service of the United States, and the
holder of a license granted pursuant to § 32 of the General
Business Law of the State of New York; but all other veterans desiring
to hawk, peddle or vend goods within the limits of the Village of
Port Chester shall comply with the provisions of this Article.
[Added 11-1-1993 by L.L. No. 15-1993]
In addition to the applicable provision set
forth in this chapter pertaining to hawking, peddling and soliciting,
the Village Manager is authorized to promulgate rules and regulations
governing peddling during parades and special events in the Village
of Port Chester. Such rules and regulations may require peddling activities
to be conducted in areas located away from the curb so that citizens
may have unobstructed views of the parade or special event and may
also restrict the types of items being sold in the interest of public
health, safety and welfare. In conjunction with such activities, including
any street closing for a special event, the Village Manager may suspend
the applicability of the regulations found in this chapter to allow
for the operation of the special event.
[Amended 11-1-1993 by L.L. No. 15-1993]
Any person who himself or by his clerk, agent
or employee shall act as a hawker, peddler or solicitor, as herein
defined, without a license, or shall violate any of the provisions
of this law, or who having had his license revoked shall continue
to act as a hawker, peddler or solicitor,shall be guilty of a violation,
and upon conviction, shall be punished by a fine of not more than
$250, and each day on which such violation continues shall constitute
a separate offense, and, in addition to which fine, his or her license
shall be forfeited for the balance of the term thereof and the Village
Clerk shall thereupon revoke the same.
[Added 5-6-1985 by L.L. No. 9-1985]
Any person peddling from any vehicle, pushcart,
cart or conveyance located on any street or sidewalk shall be subject
to the following restrictions and limitations:
A.
There shall be no such peddling on the sidewalks of
the Village of Port Chester.
B.
There shall be no such peddling on the following streets
of the Village of Port Chester:
[Amended 3-29-1995 by L.L. No. 2-1995; 4-23-2012 by L.L. No.
3-2012]
(1)
Westchester
Avenue from Townsend Street to Perry Avenue.
(2)
North
Main Street from the Connecticut State line to Westchester Avenue.
(3)
South
Main Street (U.S. No. 1) from Westchester Avenue to the Rye City line.
(4)
Grace
Church Street from South Main Street to Fox Island Road.
(5)
Midland
Avenue from Grace Church Street to the Rye City line.
(6)
Pearl
Street from South Main Street (U.S. No. 1) to Westchester Avenue.
(7)
North
Pearl Street from Westchester Avenue to King Street.
(8)
South
Regent Street from Boston Post Road (U.S. No. 1) to Westchester Avenue.
(9)
North
Regent Street from Westchester Avenue to King Street.
(10)
Abendroth Avenue from Mill Street to Westchester Avenue.
(11)
Don Bosco Place from Purdy Avenue to Grace Church Street.
C.
No such person or vehicle shall remain upon or otherwise
encumber the street in front of or within 50 feet of any premises
if the owner, lessee or tenant thereof objects thereto.
D.
No such vehicle or cart shall be parked in any no
parking zone, and all such vehicles or carts shall be moved at least
once every 15 minutes, each such move to be a distance of at least
50 feet.
E.
No such vehicle or cart shall be located closer than
200 feet to any church or school.
