[Adopted 9-12-1956 as Ord. No. 83]
As used in this Article, the following terms shall have the meanings indicated:
- Includes any person, whether a resident of the Village of Warwick or not, 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 goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers; or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Article shall be deemed a "peddler" subject to the provisions of this Article. The word "peddler" shall include the words "hawker" and "huckster."
- Any person, firm or corporation, association, club copartnership or society, or any other organization. The word "person" shall include the singular and plural.
It shall be unlawful for any person to engage in the business of a peddler, as defined in § 95-1 of this Article, within the limits of the Village of Warwick without first obtaining a permit and license therefor as provided herein.
The provisions of this Article shall not apply to veterans authorized to obtain county licenses or to crippled veterans exempted from licensing requirements by Sections 32 and 35, respectively, of the General Business Law.
Applicants for a permit and license under this Article must file with the Village Clerk a sworn application, in writing and in duplicate, on a form to be furnished by the Village Clerk, which shall give the following information:
The name and description of the applicant.
The address (legal and local) of the applicant.
A brief description of the nature of the business and the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant.
If the applicant is 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 pictures 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 therefor.
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the Village Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will 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 approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return such permit, along with the application, to the Village Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license, but no such license shall be issued until the lapse of 48 hours following the filing of an application therefor. Saturdays, Sundays and holidays shall be excepted in such computation. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling. The Clerk shall keep a permanent record of all licenses issued.
For the purpose of this article, any period of seven calendar days or less shall be considered one week; any period of more than seven calendar days and not more than 30 calendar days shall be considered one month; any period of more than 30 calendar days and not more than one calendar year shall be treated as a year. The annual fees herein provided for shall be assessed on a calendar year basis, and on and after July 1 the amount of the fee for such annual licenses shall be 1/2 the amount stipulated for the remainder of the year.
Fees for the following shall be as set forth in Chapter 63, Fees.
[Amended 4-10-1989 by L.L. No. 4-1989]
For each person proposing to peddle on foot.
For each person proposing to peddle by using a handcart or pushcart.
For each person proposing to peddle by using a wagon, motor vehicle, railroad car or other vehicle or conveyance.
For each helper or assistant to those using a vehicle, which helpers must procure the permit and license as herein provided for peddlers.
No fee shall be required of one selling products of the farm or orchard actually produced by the seller.
No license issued under the provisions of this article shall be used at any time by any other person than the one to whom it was issued.
No peddler nor any person in his behalf shall shout, make an outcry, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of said Village or upon any private premises in the said Village where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall be be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this article, 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 within 250 feet of any school building or playground, or public park.
Peddlers 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 Warwick to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this article 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 article, and the Village Clerk shall maintain a record for each license issued and record the reports of violations therein.
Permits and licenses issued under the provisions of this article may be revoked by the Board of Trustees of the Village of Warwick 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 his business as peddler.
Any violation of this article.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling in an unlawful manner or in such a 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, setting 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 last known address, at least five days prior to the date set for hearing.
Any person aggrieved by the decision of the Board of Trustees with reference to the revocation of a license, as provided in § 95-12 of this article, shall have the right to appeal to the Board of Trustees of the Village of Warwick. Such appeal shall be taken by filing with the Clerk of the Board, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of appeal. The Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided in § 95-12 of this article for notice of hearing or revocation. The decision and order of the Board of Trustees on such appeals shall be final and conclusive.
All annual licenses issued under the provisions of this article shall expire on the 31st day of December in the year issued. Licenses other than annual licenses shall expire on the date specified in the license.
[Amended 6-14-1976 by L.L. No. 7-1976 (Art. XIV)]
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.