[Adopted 9-12-1956 by Ord. No. 83]
As used in this article, the following terms shall have the meanings
indicated:
Any individual, whether resident of the Village of Warwick or not,
traveling either by foot, wagon, automobile, motor truck or any other type
of conveyance, from place to place, from house to house or from street to
street, taking or attempting to take orders for sale of goods, wares and merchandise,
for personal property of any nature whatsoever for future delivery, or for
services to be furnished or performed in the future, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not. Such definition shall
include any person who, for himself or for another person, firm or corporation,
hires, leases, uses or occupies any building, structure, tent, railroad boxcar,
boat, hotel room, lodging house, apartment, shop or any other place within
the Village, for the sole purpose of exhibiting samples and taking orders
for future delivery.
It shall be unlawful for any solicitor or canvasser, as defined in § 95-16 of this article, to engage in such business within the corporate limits of the Village of Warwick without first obtaining a permit and license therefor in compliance with the provisions of this article.
A.
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:
(1)
The name and description of applicant.
(2)
The permanent home address and full local address of
the applicant.
(3)
A brief description of the nature of the business and
the goods to be sold.
(4)
If the applicant is employed, the name and address of
the employer, together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to be
sold, or orders taken for the sale thereof, are manufactured or produced,
where such goods or products are located at the time said application is filed
and the proposed method of delivery.
(7)
Two photographs 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.
(8)
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.
A.
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.
B.
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.
C.
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 said 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. 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 soliciting or canvassing. The Clerk shall keep a permanent record
of all licenses issued.
A.
The license fee charged by the Village Clerk for such license shall be as set forth in Chapter 63, Fees.
[Amended 4-10-1989 by L.L. No. 4-1989]
B.
The annual fees herein provided shall be assessed on
a calendar year basis and on or after July 1 the amount of such fee for annual
license shall be 1/2 of the amount stipulated above for the remainder of the
year.
C.
None of the license fees provided for by this Article shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor shall then conduct an investigation, comparing the applicant's business with other businesses of like nature; shall make findings of fact from which he shall determine whether the fee fixed by this Article is unfair, unreasonable or discriminatory as to the applicant's business; and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory; or, if the fee has already been reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by § 95-20A of this Article. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the Village of Warwick or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the license shall have paid an amount equal to the annual license as prescribed in § 95-20A of this Article.
Solicitors and canvassers 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 soliciting or canvassing, and who is not known
by such officer to be duly licensed, to produce his solicitor's or canvasser'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
of each license issued and record the reports of violation therein.
A.
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:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as solicitor or as canvasser.
(3)
Any violation of this Article.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of soliciting or of canvassing
in any 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.
B.
Notice of the 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 Village Board of Trustees with reference to the revocation of a license, as provided in § 95-24 of this Article, shall have the right of 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 appellant in the same manner as provided in § 95-24 of this Article for notice of hearing or revocation. The decision and order of the Board of Trustees on such appeal 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 when issued. Licenses other
than annual licenses shall expire on the date specified in the license.
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.
