Festivals — See Ch. 102.
§ 154-2Exemptions; registration of exempt persons.
§ 154-3License required.
§ 154-4Application for license: bond requirements.
§ 154-5Issuance or denial of license; contents; expiration; duplicates.
§ 154-6License fees.
§ 154-7Refusal to issue license.
§ 154-8Revocation of license.
§ 154-9Restrictions upon licenses.
§ 154-10Written orders required for advance payments.
§ 154-11Records of applications and licenses.
§ 154-12Penalties for offenses.
§ 154-13Disposition of fees and fines.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- Includes any person who goes from place to place, or house to house, or who stands in any street or public place, taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
- VENDOR, HAWKER AND PEDDLER
- Includes, except as hereinafter expressly provided, any person, either principal or agent, who from any vehicle, on any public street or public place, or by going from house to house or place of business to place of business on foot, or on or from any animal or vehicle, sells or barters, offers for sale or barter, or carries or exposes for sale or barter, any goods, wares or merchandise, except milk and newspapers.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to persons under the age of 18 years; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms and gardens; to any honorably discharged soldier, sailor or marine who has procured a license as provided by the General Business Law of the State of New York; or to berry pickers who sell berries of their own picking. This chapter shall also not apply so as to unlawfully interfere with interstate commerce; provided, however, that those who shall be exempt from the terms of this chapter shall, nevertheless, register with the Village Clerk before doing any of the acts prohibited by this chapter and receive from said Clerk a license indicating that he has so registered.
It shall be unlawful for any person, within the corporate limits of the Village of LeRoy, to act as a vendor, hawker, peddler or solicitor, as herein defined, without first having obtained and paid for and having in force and effect a license therefor.
Application for license.
Any person desiring to procure a license, as herein provided, shall file with the Village Clerk a written application upon a form furnished by the Village Clerk and shall file at the same time satisfactory proof of good character. Such application shall give:
The number and kind of vehicle to be used by the applicant in carrying on the business for which the license is desired.
The kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform.
The method of distribution.
The name, address and age of the applicant.
The name and address of the person, firm or corporation he represents.
The length of time the applicant desires the license.
Whether the applicant has been convicted of a misdemeanor or felony.
Such other information as may be required by the Village Clerk.
Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Bond requirements. An application for a license as a solicitor who demands, accepts or receives payment for deposit of money in advance of final delivery shall also be accompanied by a bond to the Village of LeRoy, approved as to form and surety by the Village Attorney, in the sum of $5,000, with a sufficient surety or sureties or sufficient collateral security, conditioned for making a final delivery of the goods, wares or merchandise ordered or for services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of cash deposit, such deposit shall be retained by the Village of LeRoy for a period of 90 days after the expiration of any such license, unless sooner released by the Board of Trustees.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license, as provided in § 154-3, signed by said Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of the holder of his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Village Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in that order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license fee paid the name and address of the licensee.
Such licenses shall automatically expire on January 1 following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 18 years of age.
No applicant to whom a license has been refused, or who has a license which has been revoked, shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The license fee shall be $100 per annum, and if the licensee shall have more than one person to whom, or vehicle for which, he desires a license issued, there shall be an additional fee of $50 for each license so issued.
A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which in the judgment of the Village Clerk renders the applicant unfit or undesirable to carry on the trade or occupation involved. The Village Clerk may also refuse a license to any person who in his or her judgment shall be an undesirable person or incapable of properly conducting the trade or business desired.
The Village Clerk may, at any time, for a violation of this or any other ordinance or law revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Village Clerk upon the person named in the application by mailing the same to the address given in the application.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. of any day or after 1/2 hour before sunset of any day or after the hour of 7:00 p.m. of any day, except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers, No Solicitors, No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
No peddler or solicitor shall peddle, vend or sell his goods or wares within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall be permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
No peddler or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall, by any trick or device or by any false representation, obtain or attempt to obtain admission to the house or garage of any person or corporation in the Village of LeRoy.
No peddler or solicitor will blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry out his wares.
No peddler or solicitor shall stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
It shall be unlawful to create or maintain any booth or stand, or place any barrels, boxes, crates or other obstructions, upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
In the interest of public safety, it shall be unlawful for the peddler or solicitor to stand with his wares or cart within 20 feet from an entranceway to any building, store, theater, movie house, sports arena or other place of public assembly.
No peddler or solicitor may stand in a roadway for the purpose of selling to an occupant of a motor vehicle.
No peddler or solicitor shall interfere with pedestrian and vehicle traffic, and such interference is prohibited.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing made in duplicate, stating the terms thereof and the amount in advance, and one copy shall be given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, fee paid and the date of revocation of all licenses revoked.
Any person who, himself or by his clerk, agent or employee, shall act as a vendor, hawker, peddler or solicitor, as herein defined, without a license, or shall violate any of the provisions of this chapter, or who, having had his license revoked, shall continue to act as a vendor, hawker, peddler or solicitor, shall be liable to a penalty of not more than $250 for each offense, and, in addition to said penalty, a violation of any of the provisions hereof shall constitute disorderly conduct, and the person violating the same shall be a disorderly person.
All fees, collections and fines collected by the Village Clerk shall be deposited to the credit of the general fund, and collections and deposits shall be reported at the first regular Board meeting of the Village Board of Trustees after such collections and deposits.
Any applicant who has been refused a license by the Village Clerk may apply to the Village Board of Trustees therefor, and the same may be granted or refused by the Board, except as prohibited herein. After a public hearing thereon at which time the licensee shall have an opportunity to be heard, the Village Board may revoke any license issued under authority or this chapter to any applicant whom the Village Board shall determine to be an undesirable person or incapable of properly conducting the trade or business previously licensed. The granting, refusal or revocation of such license by the Village Board shall be subject to review by certiorari.