[HISTORY: Adopted by the Board of Trustees of the Village of Lowville 8-2-1977
by L.L. No. 3-1977. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddler and Solicitor
Law" and shall apply to the area within the incorporated Village of Lowville.
This chapter is enacted for the purpose of regulating itinerant merchandising
in order that the peace, health, safety, welfare and good order of the village
and of the inhabitants thereof shall not be endangered or unduly disturbed.
For the purpose of this chapter, the terms used herein are defined as
follows:
Any building, store or depository in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles or
solicits.
Except as herein expressly provided, any person, principal or agent
who, in any public street or highway 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 vehicle
standing in a street or highway, sells or barters, offer for sale or barter
or carries or exposes for sale or barter any goods, wares or merchandise,
except as hereinafter exempted.
A person to whom a license has been granted pursuant to this chapter.
The selling, bartering or trading or offering to sell, barter or
trade of any goods, wares, commodities or services.
Any individual, firm, partnership, corporation, unincorporated association
and all other entities of any kind or any principal or agent thereof.
Any person who goes from place-to-place or house-to-house or stands
in any street or public place, taking or offering to take orders for goods,
wares or merchandise, except as hereinafter exempted, or for services to be
performed in the future or for making, manufacturing or repairing any article
or thing whatsoever for future delivery.
It shall be unlawful for any person, within the limits of the Village
of Lowville, to act as a hawker, peddler or solicitor, as herein defined,
except in conformity with the provisions of this chapter, and without first
having obtained and paid for and having in force and effect a license, as
provided herein.
Every applicant for a license under this chapter shall file with the
Village Clerk a sworn written application, in duplicate, on a form to be furnished
by said Clerk, which shall give or be accompanied by the following:
A.
Name and description of the applicant.
B.
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, and the name and address
of a person upon whom legal process and notice may be served.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of such vehicle
and its license number.
G.
The place where the goods or property to be sold or offered
for sale are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
H.
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.
I.
If peddling or soliciting is to be conducted as a team,
group or other organized party under single leadership, or direction, control
or sponsorship, the above required personal information shall also be supplied
as to such leader or person in charge and with respect to each other person,
employee or agent so involved.
J.
If the applicant represents or is the agent for a principal,
there shall be appended to the application a letter or other evidence of authorization
or agency from the principal describing the nature and scope of such applicant's
authority, and any restrictions, limitations and conditions imposed on such
applicant by the principal agency or organization he represents. In addition,
copies of each order form, contract or other form or document to be utilized
by the applicant in such sale or solicitation shall be attached to the application.
K.
Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count as provided
under Article 16 of the Agriculture and Markets Law of the State of New York,
such application shall be accompanied by a certificate from the sealer of
weights and measures, having jurisdiction thereof, certifying that all weighing
and measuring devices to be used by the applicant have been examined and approved.
L.
A statement whether any previous application for a license
was made, and the disposition of the application.
M.
Any additional information required by any competent
village office or agency in the interest of the health, safety and welfare
of the citizens of the village.
[Amended 1-20-1981 by L.L. No. 1-1981[1]]
The fee for each license issued pursuant to this chapter shall be as
set from time to time by resolution of the Board of Trustees.[2]
A.
The Village Clerk with such assistance from the Police
Department as may be reasonably necessary shall investigate all applications
and shall thereafter, with due dispatch, issue or deny such license to the
applicant. All licenses shall expire on the first day of June, following their
issuance, but such license may provide for an earlier expiration date.
B.
If after investigation of any application, the Village
Clerk shall deny the same, he shall endorse on such application such disapproval
and the reason for the same, and the Village Clerk shall forthwith notify
the applicant, in writing, of such denial and of his right of appeal as herein
set forth.
A licensee shall not:
A.
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his business
or offer for sale any provision, food or merchandise that is unwholesome,
unfit, deleterious or harmful to the user or consumer thereof.
B.
Peddle at or solicit a private residence which has displayed
a sign bearing the words "no peddling or soliciting" or words of like intent,
nor shall any licensee remain on the premises after the owner or occupant
thereof shall have requested his departure therefrom.
C.
Keep the vehicles and receptacles used by him in an unclean
and unsanitary condition nor the foodstuffs and edibles offered for sale uncovered
and unprotected from dirt, dust, insects, contamination or spoilage or as
otherwise required by any competent municipal health authority.
D.
Unless the license shall specifically provide otherwise,
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 or lessee of the premises objects.
E.
Permit any vehicle used by him to stop or remain on any
crosswalk.
F.
Create, erect 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.
G.
Blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares or shout or cry his wares.
H.
Assign or transfer his license to any other person, and
any transfer to or use of such license by any other person shall be a violation,
and shall automatically thereupon terminate such license.
I.
Fail to carry his license upon his person or exhibit
the same upon demand to any police or village officer or citizen being solicited
or involved in a transaction with him.
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, the name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
A.
No part of this chapter shall be enforced so as to conflict
with § 32 of the General Business Law of the State of New York,
providing for exemption for veterans, provided that there is compliance with
location of places of sale and transaction of business as established by the
Board of Trustees and not objected to by the owner and lessee of the premises
involved.
B.
The requirements of this chapter shall not apply to the
following, provided that official uniforms, clothing or other suitable identification
is displayed, and provided that there is compliance with location of places
of sale and transaction of business as established by the Board of Trustees
and not objected to by the owner and lessee of the premises involved:
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 town, or their employees.
(4)
The peddling of meats, fish, fruit and similar produce
by farmers and persons who produce such commodities, provided that they have
otherwise complied with any licensing, health and safety requirements of any
other competent governmental body or agency and location of places of sale
and transaction of business as established by the Board of Trustees and not
objected to by the owner and lessee of the premises involved.
A.
Causes. Licenses issued under the provisions of this
chapter may be revoked by the Board of Trustees of the Village of Lowville
after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for a license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as a hawker, peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling, hawking or soliciting
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 hearing for revocation or refusal of a license
shall be given, in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be mailed to the licensee
at his last known address at least 10 days prior to the date set for hearing.
C.
No applicant to whom a license has been refused or who
has had a license which has been 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.
D.
In addition to the foregoing, the Village Clerk may forthwith
temporarily suspend any license issued pursuant to this chapter upon receiving
information giving reasonable cause to believe that any licensee hereunder
has either violated this chapter by an act involving moral turpitude, physical
abuse, threats, intimidation or harassment or has been convicted of any violation
of this chapter or of any crime or offense endangering the peace, safety,
health or general welfare of the inhabitants of this village. Within 10 days
after such suspension, the Village Clerk shall conduct a hearing and issue
his determination as to whether the license shall be revoked or reinstated.
If such hearing or determination is not made within said ten-day period, the
license shall be restored automatically.
Appropriate signs, as the Trustees of the Village of Lowville shall
deem necessary, shall be erected by the Highway Department of the Village
of Lowville at such places within the Village of Lowville as the Board of
Trustees directs, advising of the existence of this chapter.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, 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 chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
