[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 7-19-1993 by L.L. No. 3-1993. Amendments noted where applicable.]
Fees — See Ch. 132.
It shall be unlawful for any person to engage in the business of peddler or solicitor as defined in § 165-2 of this chapter within the limits of the Village of Haverstraw without first obtaining a license as provided herein.
As used in this chapter, the following terms shall have the meanings indicated:
- PEDDLER OR SOLICITOR
- Any person whether a resident or not, traveling by foot, truck or motor vehicle or by any other means of transportation, who engages in the activity of taking orders, selling or attempting to sell and delivering of goods, wares and merchandise in the Village of Haverstraw, who calls on residents or merchants in the village or who establishes a sales location other than in a building or storefront shall be deemed a peddler or solicitor for purposes of this chapter.
- Includes any person, firm or corporation, association, club, copartnership or society or any other organization.
This chapter shall not apply to sales people who sell to merchants on a wholesale basis, provided that the merchandise is intended for retail sale or use by merchants in their business.
This chapter shall not apply to not-for-profit organizations that have received such status from the Internal Revenue Service.
Applicants for a license under this chapter must file with the Village Clerk a sworn application in writing (in duplicate) on a form to be furnished by the Village Clerk, which shall give the following information:
Name and description of the applicant.
Address, legal and local.
A brief description of the nature of the business and the goods to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
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 therefore.
All applicants for a license shall submit a New York State Sales Tax Resale Certificate, as required by law.
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant to be made to determine if he or she has been convicted of any crime.
If as a result of such investigation the applicant is found to have been convicted of a crime, the Chief of Police shall endorse on such application his or her disapproval and his or her reasons for the same and return said application to the Village Clerk, who shall notify the applicant that his or her application is disapproved and that a license will not be issued.
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his or her approval of the application to the Village Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his or her license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance as well as the license number and other identifying description of any vehicle used in such peddling.
[Amended 8-11-1997 by L.L. No. 4-1997]
[Amended 1-18-1994 by L.L. No. 2-1994; 8-11-1997 by L.L. No. 4-1997]
The fee shall be as set forth in the village schedule of fees. In the event that a license is issued to a business entity consisting of more than one individual, each such individual employed by such entity shall be required to have their own license. No portion of the fee shall be refundable upon surrender of the license.
No license issued under the provisions of this chapter shall be used at any time by any other person than the one to whom it was issued.
No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall they be permitted a stationary location, nor shall be or she be permitted to operate in any congested area where their operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
The issuance of a license will not constitute permission to peddle or solicit upon or within 100 feet of Broadway, Main Street, New Main Street, West Street up to Fairmount Avenue, nor within 250 feet of any school building.
Peddlers or solicitors are required to exhibit their licenses at the request of any citizen.
It shall be the duty of any police officer of the Village of Haverstraw to require any person seen peddling or soliciting and who is not known by such officer to be duly licensed, to produce his or her license, and to enforce the provisions of this chapter against any person found to be violating the same.
The Chief of Police shall report to the Village Clerk all convictions for violation of this chapter and the Village Clerk shall maintain a record for each license issued and record the reports of violations therein.
Causes. Licenses issued under the provisions of this chapter may be revoked by the Board of Trustees of the Village of Haverstraw after notice and hearing, for any of the following causes.
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler.
Any violation of this chapter.
Conviction of any crime or misdemeanor.
Conducting the business of peddling in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license shall be given in writing, set 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 or her last known address, at least five days prior to the date set for hearing.
All licenses issued under the provisions of this chapter shall expire on the 31st day of December in the year issued.
[Amended 8-11-1997 by L.L. No. 4-1997]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $250, imprisonment not to exceed 15 days, or both such fine and imprisonment.