[Adopted 9-12-1956 as Ord. No. 83]
As used in this Article, the following terms shall have the meanings indicated:
- TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR
- Any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the village or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said village, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or any boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the village for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing order for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this Article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor, as defined in § 95-28 of this Article, to engage in such business within the Village of Warwick without first obtaining a license therefor in compliance with the provisions of this Article.
Applicants for license under this Article, whether a person, firm or corporation, shall file a written sworn application signed by the applicant, if an individual, by all partners, if a partnership, and by the president, if a corporation, with the Village Clerk, showing:
The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the Village of Warwick; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act, that is, whether as proprietor, agent or otherwise; the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated.
The place or places in the Village of Warwick where it is proposed to carry on applicant's business and the length of time during which it is proposed that said business shall be conducted.
The place or places, other than the permanent place of business of the applicant, where applicant within the six months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office address and street address of any building or office in which such business was conducted.
A statement of the nature, character and quality of the goods, wares and merchandise to be sold or offered for sale by applicant in the Village of Warwick; the invoice value and quality of such goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale or by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time the said application is filed.
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Village Clerk, copies of all said advertising, whether by handbill, circular, newspaper advertising or otherwise, shall be attached to said application as exhibits thereto.
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor.
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
At least three letters of recommendation from reliable property owners in the County of Orange, certifying as to the applicant's good character and business responsibility.
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the Village Clerk may deem proper to fulfill the purpose of this article in the protection of the public good.
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 and return such 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 and address of said licensee, the amount of fee paid and the date of issuance. The Clerk shall keep a permanent record of all licenses issued.
Before any license, as herein provided, shall be issued for engaging in business as an itinerant merchant, as herein defined, in the Village of Warwick, such applicant shall file with the Village Clerk an instrument nominating and appointing the Village Clerk, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the said license under this article, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the Village Clerk, as herein provided, the Village Clerk shall send to the licensee at his last known address, by registered mail, a copy of said process.
The license issued under this article shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for said license shall desire to do business in more than one place within the Village, separate licenses may be issued for each place of business and shall be posted conspicuously in each place of business.
The license fee which shall be 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]
Every person conducting a business licensed under this Article shall, on the first business day of each week and upon discontinuance of business in the Village of Warwick, present to the Clerk of said Village of Warwick, at his office, a verified statement showing the total sales made during the preceding week, and shall pay to the Clerk the amount of license fee hereinbefore provided for sales made during the previous week. The Clerk and any other officer designated by him shall have power and authority to enter any store, building or any other place in which such temporary business may be conducted at any time during business hours for ascertaining the amount of sales made, and shall at all times have access to the books of such business.
No license issued under the provisions of this Article shall be transferable.
No licensee under this Article, nor anyone in his behalf shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the village or upon any private premises in the village where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
It shall be the duty of the police officers of the Village of Warwick to examine all places of business and persons in their respective territories subject to the provisions of this Article, to determine if this Article has been complied with 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 violation therein.
The permits and licenses issued pursuant to 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:
Any fraud, misrepresentation or false statement contained in the application for license.
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
Any violation of this Article.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed under this Article 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 the complaint and the time and place of the 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 the hearing.
Any person aggrieved by the decision of the Village Board of Trustees with reference to the revocation of a license, as provided in § 95-39 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 § 95-39 of this Article for notice of hearing on revocation. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
All licenses issued under the provisions of this Article shall expire 90 days after the date of issuance thereof unless a prior date is fixed therein.
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.