[HISTORY: Adopted by the Common Council of
the City of Gloversville 8-10-1965 as Chapters 38 and 91 of the 1965
Code; amended in its entirety 4-25-1995 by L.L. No. 4-1995. Subsequent amendments
noted where applicable.]
[Amended 5-24-2000 by L.L. No. 3-2000; 5-27-2014 by L.L. No.
4-2014]
A.
No person or persons shall publicly sell, hawk or peddle any property
or article of merchandise on the street or public place, or from house
to house, in the City of Gloversville, without first obtaining a license
therefor from the City Clerk, but nothing herein contained shall apply
to sales made to any person or persons by farmers or gardeners of
products of their own farms and gardens, and nothing herein contained
shall apply to sailors or soldiers who have procured a license as
provided by the General Business Law of the State of New York, and
nothing herein shall apply to the sale or peddling of milk in the
City of Gloversville.
B.
Public knowledge. Applicants must provide to the City of Gloversville's
official newspaper (The Leader Herald), the local radio station (WENT)
and to the City Clerk for inclusion on its website all pertinent information
regarding the solicitation so as to provide the public with full knowledge
of solicitation taking place within the City of Gloversville. Such
notification shall be done no less than five days prior to the start
of solicitation.
C.
Creation of do-not-solicit list. Residents of the City of Gloversville
who do not wish to have solicitors disturb them shall contact the
City Clerk. The Clerk shall then include these persons on a "do not
solicit list" that shall be given to the applicant. Any applicant
who is in violation of this chapter is punishable by penalties established
in this chapter. The City Clerk shall also provide a placard that
the resident can inset in his window if requested by the resident.
D.
Hours of solicitation shall not take place before 10:00 a.m. and
must conclude no later than sunset.
As used in this chapter, the following terms
shall have the meanings indicated:
The City Clerk of the City of Gloversville.
[Added 5-27-2014 by L.L. No. 4-2014]
An item bought and sold, something that people find useful
or of value.
[Added 5-27-2014 by L.L. No. 4-2014]
Any person, firm, corporation or consignee who offers goods,
wares, merchandise or services, other than milk or newspapers, for
sale by calling out in the street.
A license issued pursuant to this chapter.
[Added 5-27-2014 by L.L. No. 4-2014]
Any person holding a license.
[Added 5-27-2014 by L.L. No. 4-2014]
Any person, firm, corporation or consignee who offers goods,
wares, merchandise or services, other than milk or newspapers, for
sale by going door-to-door.
Includes the singular and the plural and shall also mean
and include any person, firm, or corporation, association, club, co-partnership
or society or any other organization.
[Added 5-27-2014 by L.L. No. 4-2014]
Any person, firm, corporation or consignee who offers goods,
wares, merchandise or services, other than milk or newspapers, for
sale from a stand, booth or other temporary establishment located
on a public sidewalk, street, park, playground or other public site.
Any person, firm, corporation or consignee who engages in
the temporary business of selling goods, wares, merchandise or services,
other than milk or newspapers, from a building, structure, lodging
house, tent or parking lot.
[Amended 5-27-2014 by L.L. No. 4-2014]
A.
Applicants for a permit and license under this chapter must file
with the City Clerk an application, in writing, on a form to be furnished
by the City Clerk, which shall give the following information:
(1)
The name of the 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 employed outside of this solicitation, the name and address of
the applicant's employer.
(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 and 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 pictures
shall be two inches by two inches showing the head and shoulders of
the applicant in a clear and distinguishing manner.
[Amended 3-27-2018 by Ord. No. 4-2018]
(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.
B.
Each applicant will submit a fee of $45, which includes a fee of
$25 for a criminal background check. Said background check is mandatory
for all applicants.
C.
All applications will be returned dated and with a notarized signature
of the applicant, swearing to the truthfulness of the representations
contained in the application.
D.
Investigation; issuance of license.
[Added 3-27-2018 by Ord. No. 4-2018]
(1)
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.
(2)
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 to the City Clerk, who
shall notify the applicant that his application is disapproved and
that no permit and license will be issued.
(3)
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 City Clerk, who
shall, upon payment of the prescribed license fee, deliver to the
applicant his permit and issue a license. Such license shall contain
the signature and seal of the issuing officer and show the name, address
and photograph of said licensee, issued 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.
A.
The following rates for all licenses granted under this chapter are
hereby ordained and established, and the City Clerk is authorized
and directed to issue licenses and collect such rates therefor:
[Amended 5-24-2000 by L.L. No. 3-2000; 5-27-2014 by L.L. No.
4-2014]
C.
For special Christmas tree sales, a license fee of
$45 for an eight-week period shall be charged.
D.
Not-for-profit organizations shall be exempt from
the fee requirements of this chapter.
E.
No fee shall be required of one selling products of the farm or orchard
actually produced by the seller or one subject to the provisions of
Article 4 of General Business Law of the State of New York or milk
peddlers.
[Added 5-27-2014 by L.L. No. 4-2014]
F.
For the purpose of this chapter, the following apply:
[Added 5-27-2014 by L.L. No. 4-2014]
(1)
Any period of seven calendar days or less shall be considered one
week.
(2)
Any period of more than seven days and not more than 30 days shall
be considered a month.
(3)
Any period of more than 30 days but not more than 90 days shall be
considered one quarter.
(4)
Any period of more than 90 days but not more than 180 days will be
considered six months.
(5)
Any period of more than 180 days and not more than one calendar year
shall be treated as a year.
(6)
The annual fees herein provided 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 half the amount stipulated for the remainder of
the year.
G.
Annual license fees shall not be prorated, and all licenses will
expire on December 31 of each calendar year.
[Added 5-27-2014 by L.L. No. 4-2014]
Grounds for denial shall include:
A.
Circumstances or conditions contrary to the General
Business Law, Vehicle and Traffic Law, Penal Law or other applicable
statute.
B.
Background checks revealing convictions of, but not limited to, disorderly
conduct, harassment, assault, endangering the welfare of a child,
petit larceny, fraud, issuing a bad check, any misdemeanor conviction,
any felony conviction, entry into the Statewide Registry of Abuse
and/or Neglect, and entry in the Statewide Registry for Orders of
Protection.
[Amended 3-27-2018 by Ord. No.
4-2018]
C.
Protection of the public safety, health, morals or
general welfare as determined by the Mayor or other authorized agent
of the city.
D.
Age of applicant. No person under the age of 18 years
shall be eligible for a license.
E.
Failure to comply with any other provision of this chapter shall
be a basis for denial of a license.
[Added 3-27-2018 by Ord. No. 4-2018]
A.
Every person having a license shall exhibit the same
when requested to do so by the Mayor, Councilman or any police officers
of the City. The City Clerk shall forthwith file with the Chief of
Police the name and number of each license issued, and it shall be
the duty of said Chief of Police to enforce this chapter.
[Amended 3-27-2018 by Ord. No. 4-2018]
B.
In addition, the license documents shall be placed
in a plastic protector and displayed on the dash of the vehicle or
vehicles used by the licensee.
All yearlong licenses issued under this chapter
shall have a duration of January 1 through December 31.
[Amended 5-27-2014 by L.L. No. 4-2014]
A.
Permits and licenses issued under the provisions of this chapter
may be revoked by the City of Gloversville, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any felony or misdemeanor.
[Amended 3-27-2018 by Ord. No.
4-2018]
(5)
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.
B.
Notice of the hearing for revocation of a license shall be given,
in writing, setting forth specifically the ground of complaint and
the time and place of hearing. Such notice shall be mailed, postage
paid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
[Added 5-27-2014 by L.L. No. 4-2014]
Any person aggrieved to the action of the Chief of Police or
the City Clerk in the denial of an application for a permit or license
as provided in this chapter or in the decision with reference to revocation
of a license as provided in this chapter shall have the right to appeal
to the City of Gloversville Common Council. Such appeal shall be taken
by filing with the Common Council, 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
for the appeal. The Common Council 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 this chapter for
notice of hearing on revocation. The decision and order of the Common
Council on such appeal shall be final and conclusive.
[1]
Editor's Note: Former § 202-9, Reports by merchant, was
repealed 3-27-2018 by Ord. No. 4-2018.
[Amended 5-27-2014 by L.L. No. 4-2014]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punished by a fine of not more than $5,000,
by imprisonment not to exceed 90 days, or by both such fine and imprisonment.
[Added 5-27-2014 by L.L. No. 4-2014]
Before any license, as provided by this chapter, shall be issued for engaging in the business of being a peddler, as defined in § 202-2 of this chapter, in the City of Gloversville, such applicant shall file with the City Clerk a bond to the City of Gloversville in the sum of $1,000 per individual or a surety bond in the sum of $5,000 per corporation plus $1,000 for each individual assisting said licensed corporation.
[Added 5-27-2014 by L.L. No. 4-2014]
Applicants and persons soliciting or selling for and on behalf
of the applicant are required to exhibit the identification material
at all times provided by the City Clerk following approval by the
Chief of Police, as follows:
A.
Identification cards or badges, which shall be prominently displayed
on the person while peddling. The identification cards or badges shall
bear the words "Licensed Peddler," the period for which the license
is issued and the number of the license in letters and figures plainly
discernible and shall be worn constantly by the licensee on his/her
outer garment or hat in such a way as to be conspicuous during such
time as said licensee is engaged in peddling.
B.
Placards for automobile(s) used in solicitation identifying company.
All license plate numbers for vehicles that will be used by licensed
solicitors/canvassers must be registered with the City Clerk and the
Gloversville Police Department. Placards shall be displayed on the
dash of the vehicle used by the licensee.
[Added 5-27-2014 by L.L. No. 4-2014]
A.
No licensee shall enter any house, building or premises where there
is posted on the front of the house, building or premises a written
notice stating that vendors are not desired.
B.
No solicitor shall seek admission or entrance to any premises before
10:00 a.m. or after sunset.
C.
No solicitor shall make false statements or misrepresentations in
the course of his activities. The solicitor shall conduct himself
at all times in an orderly and lawful manner.
D.
City residents who do not wish to be contacted by solicitors may
register with the City Clerk annually. The Clerk shall maintain a
"Do Not Solicit" list consisting of those residents who wish to be
included on the "Do Not Solicit" list. Applicants will be provided
with a copy of the list at the time permits are issued and shall be
responsible to ensure that the list be in their possession at all
times. No solicitor shall contact any person who has registered with
the Clerk. It shall be the duty of the applicant to ensure compliance
with this restriction.
E.
No license or badge issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued. If any solicitors are to be replaced by another individual, that individual shall apply for a permit as stated in § 202-3. All material provided to the solicitor being replaced must be turned in to the office of the City Clerk before the new license will be issued.
F.
No licensee shall use or operate any loudspeaker, public address
system, radio, sound amplifier or similar device to attract the attention
of the public.
G.
No licensee shall have exclusive right to any location within the
municipal limits of the City of Gloversville nor shall any be permitted
a stationary location nor shall he be permitted to operate in any
congested area where his operation 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 is impeded or inconvenienced.
