[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 8-12-1928 (Ch. 25 of the 1993 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which or where a person transacts business or deals in goods, wares and merchandise for hawking, peddling or soliciting during regular business hours.
- HAWKER OR PEDDLER
- Includes any person, either principal or agent, who, in any public street or public place or by going from house to house or place of business, on foot or by means of any conveyance, sells, barters, offers for sale or carries or exposes for sale or barter any goods, wares or merchandise, except milk.
- Includes any person who goes from house to house or from place to place or who stands in any street or public place taking or offering to take offers for goods, wares or merchandise, except newspapers and milk.
Nothing in this chapter shall apply to any sales conducted by order of any court; to wholesalers selling to retailers; to merchants having an established place of business within the village; to farmers or truck gardeners who sell or dispose of products of their own farms; to any honorably discharged soldier, sailor or marine who has procured a license as provided by the State of New York; or to those engaged in interstate traffic and commerce.
It shall be unlawful for any person within the corporate limits of the Village of Phoenix to act as hawker, peddler or solicitor, as defined herein, without first having obtained and paid for and having in force and effect a license therefor.
The fees for such licenses shall be set by resolution of the Board of Trustees from time to time.
Such licenses shall be issued by the Mayor of the village to such persons as the Mayor shall deem fit and proper for such trade or occupation. Every such license shall be countersigned by the Clerk of the village, who shall keep a record thereof and of the amount of the fee to be paid therefor. Any applicant who shall have been refused such license by the Mayor may apply to the Board of Trustees therefor at a meeting thereof, and the same may be granted or refused by the Board. The Mayor may suspend any such license until the next meeting of the Board of Trustees, and thereupon said license may be revoked or continued by the Board.
Every foot or pack peddler to whom a license shall be granted shall carry the same on his or her person and exhibit it to any person demanding the right to see the same, and every person licensed to hawk or peddle goods from a wagon, pushcart or motor vehicle or to sell the same from a stationary stand, wagon, automobile or truck shall keep the same prominently displayed thereon while so engaged.
Any person, firm or corporation violating any of the provisions of this chapter shall be liable to a fine of not to exceed $250 or imprisonment for up to 15 days, or both such fine and imprisonment.
Any person violating this chapter shall be liable to the penalty herein prescribed, to be prosecuted for and collected in the manner prescribed by law with costs of proceedings.