[HISTORY: Adopted by the Board of Trustees of the Village of Caledonia 10-6-1981
by L.L. No. 2-1981 as Ch. 77 of the 1981 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 182.
This chapter is enacted for the purpose of regulating the distribution
of certain materials, peddling, soliciting and related activities within the
Village of Caledonia. The registration of persons engaged in the above-mentioned
activities is required so that the identity of persons going door to door
or distributing materials within the village may be established, so that general
regulations may be more effectively enforced, for the protection and maintenance
of the health, safety and welfare of the inhabitants of the village and to
prevent dishonest business practices and dishonest solicitation of funds in
the village.
As used in this chapter, the following words shall have the meanings
indicated:
Any person who distributes or causes to be distributed on any street
or public place within the village any newspaper, periodical, book, magazine,
handbill, circular, card or pamphlet or printed material of any kind.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services and orders
or contracts for services, home improvement or alterations and anything that
may be sold or distributed by peddlers, solicitors or distributors as used
herein.
Any person, whether a resident of the village or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, carrying or transporting
merchandise for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization, club,
association or any principal or agent thereof.
Any person, whether a resident of the village or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, soliciting, taking
or attempting to take orders for the sale of merchandise or services of any
kind for future performance or delivery, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or services and whether
or not he is collecting advance payments on such sales or orders, or who engages
in any of the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the purpose
of soliciting and/or collecting funds from a stationary location on any street
or other public place.
Any person engaging in the activities commonly referred to as "transient
merchant" or "itinerant vendor" who merchandises or sells with the intent
to close out or discontinue such business within a period of one year from
the date of commencement and occupies a room, building, tent, lot or other
premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed material
or services within the village without first applying for and obtaining a
registration certificate therefor from the Village Clerk.
Every applicant for a registration certificate under the provisions
of this chapter shall file with the Village Clerk a sworn written application,
on a form to be furnished by said Clerk, which shall give or be accompanied
by the following information or documents:
A.
The name and description of the applicant.
B.
The permanent home address and full local address of
the applicant.
C.
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, a description of such vehicle
and its license number.
G.
The place where the merchandise or services to be sold
or offered for sale are manufactured or produced, where such merchandise is
located at the time such application is filed and the proposed method of delivery.
H.
Two business references located in the County of Livingston,
State of New York, or, in lieu thereof, such other available evidence of the
character and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and responsibility.
I.
A statement as to whether 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.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed with the
Clerk, and the Clerk shall refer the original to the Chief of Police, who
shall make or cause to be made within five days such investigation of the
applicant's business responsibility and character as he deems necessary
for the protection of the public good.
B.
If, as a result of such an 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
therefor and shall return said application to the Clerk. Any determination
by the Chief of Police that an application is unsatisfactory shall be based
on one or more of the following findings with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory, shall endorse his approval on the
application and shall return the application to the Clerk.
A.
If an application is found unsatisfactory by the Chief
of Police and he has endorsed his disapproval upon the application, the Clerk
shall notify the applicant, by mail, that the application is disapproved and
shall deny the applicant any registration certificate.
B.
If an application is found satisfactory by the Chief
of Police, the Clerk shall issue a registration certificate addressed to the
applicant to conduct the business applied for upon the payment of the proper
fee by the applicant. Such certificate shall contain the signature of the
issuing officer and shall show the name, address and photograph of the applicant,
the type of business (peddler, solicitor, distributor or transient merchant)
for which the applicant has registered, the kind of goods or services to be
sold thereunder, the date of issue, the length of time the certificate shall
be operative and the license number and other identifying description of any
vehicle used in the activity licensed.
A.
At the time of the issuance of a registration certificate,
a fee in an amount as shall be set forth from time to time by resolution of
the Board of Trustees and as indicated on a fee schedule on file in the office
of the Village Clerk shall be paid by the applicant to cover the costs of
investigation and the administration and enforcement of this chapter.[1]
B.
Where an organization has several agents peddling, soliciting
or distributing merchandise or printed material, each agent shall be registered
separately and each shall pay the appropriate fee. Upon the expiration of
a certificate, a new certificate will be issued upon compliance with all the
provisions of this chapter and the payment of fees and the posting of the
bond, except that the investigation and waiting period therefor may be waived
if approved by the Clerk and Chief of Police.
A.
Prior to the issuance of any certificate, the applicant
shall file with the Village Clerk a bond running to the village in the amount
of $1,500, with good and sufficient surety, in such form as shall be approved
by the Village Attorney or his designated representative. Said bond shall
remain in force for the term of the certificate and shall be conditioned to
indemnify and pay the village for any penalties or costs incurred in the enforcement
of any of the provisions of this chapter and to indemnify or reimburse any
purchaser of personal property from the holder of the certificate in a sum
equal to at least the amount of any payment such purchaser may have been induced
to make through the misrepresentation as to the kind, quality or value of
the personal property, whether the misrepresentations were made by the licensee
or said licensee's agents, servants or employees either at the time of
making the sale or through any advertisement printed or circulated with reference
to such personal property or any parts thereof.
C.
The Board of Trustees may, by resolution, exempt persons
from the bond and fee requirements, provided that the applicant satisfies
the Board that the nature of his activity does not jeopardize the position
of the village or the protection given herein to the residents.
Any person aggrieved by the action of the Chief of Police or of the Village Clerk in the denial of a certificate, as provided in § 150-6 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the 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 appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 150-12 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
A.
Upon obtaining a registration certificate as hereinafter
provided, a peddler, solicitor, distributor or transient merchant may conduct
his activities within the village only as long as he adheres to the regulation
set forth in this chapter.
B.
All certificates shall expire one calendar year from
the date of issuance.
C.
A registration certificate shall not be assignable. Any
holder of a certificate who permits it to be used by any other person and
any person who uses a certificate issued to any other person shall be guilty
of an offense against this chapter.
D.
No applicant to whom a certificate has been refused or
who has had a certificate revoked shall make further application until a period
of at least 12 months shall have elapsed since the last previous rejection
or revocation, unless he can show that the reason for such rejection or revocation
no longer exists.
E.
Every peddler, solicitor, distributor or transient merchant
shall, while conducting his activities, carry the certificate with him and
shall exhibit the same upon demand to any police officer or citizen.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise, except between
the hours of 8:00 a.m. and 4:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a person previously.[1]
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Clerk and displaying his certificate.
C.
Have exclusive right to any location in the public streets
or operate in any congested area where his operations might impede or inconvenience
the public.
D.
Leave at a property or house or in any public place circulars,
samples or other matter, except a newspaper, which shall be defined as a periodical
with a paid circulation of at least 90% of its total circulation, except when
handed to a person willing to accept the same.
E.
Enter or attempt to enter the land of any resident in
the village without an express invitation from the occupant of such land.
F.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device upon any of the streets, parks or public places of the
village or upon private premises, in such manner that sound of sufficient
volume is emitted or produced to be capable of being plainly heard upon the
streets, avenues, parks or other public places of the village or upon private
premises therefrom, for the purpose of attracting attention to any merchandise
or services.
H.
Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
I.
Litter the streets, public places or properties within
the village with any merchandise or printed material.
A.
Certificates issued under the provisions of this chapter
may be revoked by the Board of Trustees after notice and hearing for any of
the following causes:
(1)
Fraud, misrepresentation or a material incorrect statement
contained in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement
made in the course of carrying on the business of solicitor, peddler, distributor
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner or in such manner as to constitute
a breach of the peace or to constitute a menace to the health, safety or general
welfare of this public.
B.
A notice of the hearing for the revocation of a certificate
shall be given by the Village Clerk, in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such notice
shall be mailed, postage prepaid, to the holder of the certificate at the
address given on the application at least five days prior to the date set
for the hearing or shall be delivered by an agent of the village in the same
manner as a summons at least three days prior to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Clerk.
A.
No part of this chapter shall be enforced so as to conflict
with Article 4, § 32, of the General Business Law of the State of
New York, providing for exemptions for veterans.
B.
The requirements of this chapter shall not apply to the
following, provided that an official uniform, clothing or other suitable identification
approved by the Board of Trustees is displayed:
C.
Nothing in this chapter shall be held to apply to:
(1)
Sales conducted pursuant to statute or by order of any
court.
(2)
Persons selling personal property at wholesale to dealers
in such articles.
(3)
Merchants having an established place of business within
the village or their employees.
(4)
The peddling of meats, fish, fruit and similar produce
by farmers and persons who produce such commodities.
(5)
Dealers in milk, baked goods, heating oil and daily newspapers.
(6)
Licensed real estate brokers.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation, punishable by a
fine of at least $10 but 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 chapter shall constitute, for
each day the offense is continued, a separate and distinct violation hereunder.