[Adopted 11-17-1952[1]]
[1]
Editor's Note: This resolution provided for an effective date
of 12-11-1952.
It shall be unlawful for any person over 16 years of age to solicit orders of purchase for future delivery of any goods, wares or merchandise, including magazines and other printed matter, from door to door or on any street or highway within or by telephone from and within the Village of Port Chester without first registering with the Police Department of the Village of Port Chester and having his credentials stamped, as provided in §§ 195-18 and 195-19 hereof. Registration shall not constitute a permit to enter privately policed areas.
[Amended 9-8-1958; 2-28-1990 by L.L. No. 1-1990]
A.
An applicant for permission to solicit orders hereunder
shall complete an application blank provided by such Police Department,
which application blank shall contain the following information:
(1)
The name, home address and local address, if any,
of the applicant.
(2)
A physical description of the applicant, setting forth
the applicant's age, height, weight, color of hair and eyes.
(3)
The name and address of the person, firm or corporation
for whom or through whom orders are to be solicited or cleared.
(4)
The nature of the foods, wares or merchandise for
which orders are to be solicited.
(5)
A statement as to whether the applicant has been arrested
or convicted of any crime or misdemeanor and, if so, what.
(6)
A statement as to the period during which the applicant
intends to solicit orders.
B.
The applicant at the time of executing such application
blank shall also submit identification satisfactory to the Police
Department which shall contain a specimen of the applicant's signature.
Upon compliance by the applicant with the provisions of § 195-18 hereof, the Police Department shall thereupon stamp the credentials and shall set forth the name and address of the applicant and of his employer, if any, the nature of the goods, wares or merchandise for which orders are to be solicited and the period during which the applicant may solicit orders, which shall not exceed one year; provided, however, that the Police Department shall not be required to grant such permission to any person who shall have been convicted of any crime or misdemeanor involving moral turpitude or of any violation of this Article.
Stamped credentials shall be nontransferable
and shall entitle the holder thereof for the period indicated therein,
unless revoked, to solicit orders within the Village of Port Chester
for the purchase of the goods, wares or merchandise specified in his
application, provided that the holder shall have his stamped credentials
in his possession at all times while soliciting orders and shall exhibit
the same at any time upon request by any police officer of the Village
of Port Chester or any purchaser or prospective purchaser.
Any person soliciting within the Village of
Port Chester, whether or not required to register under the provisions
of this Article, shall conform to the following regulations:
A.
The solicitor shall conduct himself at all times in
an orderly and lawful manner.
B.
The solicitor shall give a written receipt for all
orders taken within the Village of Port Chester, which receipt shall
be signed by the solicitor and shall set forth a brief description
of the goods, wares or merchandise ordered, the total purchase price
thereof and the amount of the down payment received by the solicitor
from the purchaser.
C.
The solicitor shall, each day, prior to soliciting
in the village, report to the Desk Sergeant, in person, and give him
notice of intention to solicit in the village.
[Added 2-28-1990 by L.L. No. 1-1990]
This article shall not apply to salesmen selling
goods to retail or wholesale stores for resale. Any person who has
and has had for the preceding 12 months a regular place of business
within the Village of Port Chester and any person employed by or soliciting
for any person, firm or corporation that has and has had for the preceding
12 months a regular place of business within the Village of Port Chester
shall not be required to register before soliciting orders, but all
other provisions of this article shall apply to such persons.
The Chief of Police may appoint any person or
persons as agent or agents of the Police Department to perform the
clerical functions of registering solicitors under this Article; provided,
however, that such agent or agents shall not receive any compensation
from the village and shall not refuse to stamp the credentials of
any solicitor except upon the direction of the Chief of Police or
some member of the Police Department designated by him, and the cancellation
of the Department's stamp shall be effected only by the Chief of Police
or by some member of the Police Department designated by him.
A.
The violation of any of the provisions of this article
or the making of any false statements or misrepresentations of facts
for the purpose of obtaining permission to solicit orders is hereby
declared to be disorderly conduct, and any person violating this article
or any provision thereof shall be and is hereby declared a disorderly
person.
B.
Any person violating any of the provisions of this
article or making any false statements or misrepresentations of fact
for the purpose of obtaining permission to solicit orders shall, upon
conviction thereof and in addition to other penalties provided by
law, be subject to a fine not to exceed $25, each solicitation or
sale being deemed a separate offense, and pending trial therefor,
the Police Department may suspend such permission to solicit. Upon
any registered person being convicted of any crime or misdemeanor
under this article or involving moral turpitude, the stamped credentials
of such person shall be delivered to the Police Department and said
Department's stamp thereon shall be canceled, and such person shall
not thereafter solicit orders in the village without registering.
