[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 1-11-1983 by L.L. No. 1-1983; amended in its entirety 8-13-2002 by L.L. No.
4-2002. Subsequent amendments noted where applicable.]
A.
CHARITABLE
CLERK
CONTRIBUTIONS
HAWKER
HAWKING
PEDDLER
(1)
(2)
(3)
PEDDLING
PERSON
SOLICITOR
SOLICITATION
TRANSIENT MERCHANT
As used in this chapter, the following terms shall have the meanings
indicated:
Patriotic, philanthropic, social service, health, welfare,
benevolent, educational, civic, cultural or fraternal.
The Village of Wolcott Clerk.
Alms, money, subscription, property or any donations.
One who offers for sale his goods by calling out in the street.
The selling or vending or offering for sale of any goods,
wares or merchandise for immediate delivery, which the person selling
or offering for sale carries with him in traveling or has in his possession
or control, upon any of the streets or sidewalks or from house to
house in the Village of Wolcott.
Any person who goes upon the premises of any private residence,
not having been invited by the occupant thereof, carrying or transporting
goods, wares, merchandise or personal property of any nature and offering
the same for sale. This includes any person who solicits orders and
as a separate transaction makes deliveries to purchasers. The word
"peddler" shall not apply to the following:
Farmers seeking or taking orders for or selling or offering
the sale of their own produce.
The seeking or taking of orders for or the selling or offering
for sale of bread or bakery products, meat or meat products or milk
or milk products by any manufacturer or producer thereof.
The seeking or taking of orders for or the selling or offering
for sale of insurance by insurance agents or brokers licensed under
the insurance laws of the State of New York.
All activities described under the definition of "peddler"
of this section.
A person or any firm, corporation, association, club, society
or organization.
Any person who goes upon the premises of any private residence,
not having been invited by the occupant thereof, for the purpose of
taking or seeking or attempting to take orders or make contracts for
the sale of goods, merchandise, wares, or other personal property
of any nature for future delivery, or for services to be performed
in the future. This includes any person who, without invitation, goes
upon private property to request subscriptions or contribution of
funds or anything of value, or sell goods or services for political,
charitable, religious, or other noncommercial purposes.
All activities described under the definition of "solicitor"
of this section.
A person who engages or proposes to engage temporarily in
merchandising business in the Village of Wolcott and occupies a room,
building, tent, lot, stand, table or other premises for the purpose
of selling, trading or bartering goods, wares and merchandise.
B.
Usage. The singular shall include the plural.
A.
It shall be unlawful for any person to engage in peddling or solicitation
activities within the Village of Wolcott without first obtaining a
permit issued by the Clerk; provided, however, that the following
are exempt from the provisions of this section:
(1)
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made.
(2)
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation.
(3)
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person or organization; or
(4)
Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary.
(5)
Yard sales, garage sales or conducted residential auctions of personal
household property or sales of a like nature conducted in connection
with a dwelling in a zoned residence district shall not be deemed
to be the conduct of a transient retail business so long as no more
than two such sales of not more than three days each per year are
conducted on any parcel or private property. The person conducting
such sale, whether resident or auctioneer, shall not require a license,
but is requested to register the proposed activity with the Police
Department so that the Department may be alerted as to a possible
traffic situation.
(6)
Persons engaged in interstate commerce selling or soliciting subscriptions,
books, magazines or periodicals, including educational, religious
and reference materials. (As a courtesy, these individuals are requested
to inform the Police Department of their presence.)
B.
This permit requirement applies to any and all persons who wish to engage in peddling or solicitation, including, but not limited to, transient merchants as defined in § 112-1. This includes transient merchants who wish to offer for sale wares at any type of carnival, festival, flea market, craft show, etc.
C.
Every owner or lessee of a building zoned GB General Business District pursuant to Chapter 160, Article IV, of the Code of the Village of Wolcott who leases or subleases space within the halls or courts of the building for a daily craft show, flea market, exhibit, etc. where wares are offered for sale or orders for wares solicited, shall not permit said operation to be conducted unless and until each transient merchant displays a license as required herein, or the operation has been qualified as exempt from the provisions hereof, as determined by the Clerk.
D.
No person engaged in peddling or solicitation shall occupy any fixed
location upon any of the streets, highways, sidewalks or other locations
for the purpose of hawking, peddling, vending or soliciting. No licensee
may enter upon any public park, Village property, municipal recreation
facility, golf course or municipal off-street parking areas, nor premises
of educational institutions for the purpose of hawking, peddling,
vending or soliciting.
A.
No person under the age of 18 shall be permitted to engage in peddling
except as provided in this section.
B.
A permit shall be obtained by a sponsoring person, company or organization
for the conduct of any peddling or solicitation activities involving,
in whole or in part, a sales force of one or more persons under 18
years of age.
C.
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling under the
sponsor's permit.
D.
The sponsor shall provide to each individual in its sales force a
badge or other easily readable form of identification, which identifies
the name of the sponsor and the name of the individual. The sponsor
shall require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
peddling or soliciting.
Every person subject to the provisions of this chapter shall
file with the Clerk an application in writing on a form to be furnished
by the Clerk, which shall provide the following information:
A.
Proof of age, address and identification of the applicant;
B.
A brief description of the business or activity to be conducted;
C.
The house and location for which the right to peddle or solicit is
desired;
D.
Whether there is parking located at the site of the proposed solicitation
location, and if so the type of parking provided;
E.
If employed, the name, address and telephone number of the employer;
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the case may be;
F.
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or local law violation, the nature of the
offense or violation, the penalty or punishment imposed, the date
and place where such offense occurred, and other pertinent details
thereof;
G.
Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulations, would exempt the applicant from the licensing
requirements of this chapter; and
H.
Two photographs of the applicant, which shall have been taken within
60 days immediately prior to the date of filing of the application.
The photographs shall measure 1 1/2 inches by 2 1/2 inches
and show the head and shoulders of the applicant in a clear and distinguishing
manner.
I.
The type or types of article, device, subscription, contribution,
service, goods, wares and/or merchandise he or she desires to sell
or for which he or she wishes to solicit within the Village of Wolcott.
J.
The type of vehicle(s) he or she wishes to use, if any.
K.
Each person shall execute the application under oath or affirmation
with a written and printed signature, and, if for an organization,
his title. He shall provide written proof of his authorization to
apply for a license on behalf of said organization.
A.
At the time the application is filed with the Clerk, the applicant
shall pay a fee to cover the cost of processing the application and
investigating the facts stated therein. The permit fee shall be $25
per day for each solicitor or peddler.
B.
This provision shall not apply to persons soliciting orders for goods
to be shipped into the state, or otherwise involved in interstate
commerce.
C.
A New York State veteran or resident surviving spouse of a veteran
may obtain a free license to peddle upon the streets/highways of the
Village of Wolcott so long as said veteran or resident surviving spouse
of a veteran resides within the Village limits. Said license is nontransferable.
All solicitors requiring cash deposits or taking orders for
cash on delivery purchases (COD) or who require a contract of agreement
to finance the sale of any goods, services, or merchandise for future
delivery, or for services to be performed in the future, shall furnish
to the Clerk a bond in the amount of $1,000.
A.
Upon receipt of an application, the Clerk shall review the application
as deemed necessary to ensure the protection of the public health,
safety and general welfare.
B.
If the Clerk finds the application to be satisfactory, the Clerk
shall approve the application and shall, upon payment of the prescribed
fee, deliver the required permit to the applicant.
C.
The permit shall show the name, address and photograph of the permittee,
the class of permit issued, the kind of goods or services to be sold
or delivered, the date of issuance, and the length of time that the
permit shall be in effect. The permit shall also show the permit number
and identifying description of any vehicle to be used in carrying
on the business for which the permit is issued.
A.
Upon the Clerk's review of the application, the Clerk may refuse
to issue a permit to the applicant under this chapter for any of the
following reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony, misdemeanor or local
law violation involving a sex offense, trafficking in controlled substances,
or any violent acts against persons or property, such conviction being
entered within the five years preceding the date of application;
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application;
(5)
The applicant offers no proof of authority to serve as an agent;
or
(6)
The applicant has been denied a permit under this chapter within
the immediate past year, unless the applicant can and does show to
the satisfaction of the Clerk that the reasons for such earlier denial
no longer exist.
B.
The Clerk's disapproval and the reasons for disapproval shall
be noted on the application, and the applicant shall be notified that
his application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form, or at the applicant's last known address.
All permits issued under the provision of this chapter shall
expire one year from the date of issuance, unless an earlier expiration
date is noted on the permit.
At the same time the permit is issued, the Clerk shall issue
to each permittee a badge, which shall be worn by the permittee in
such a way as to be conspicuous at all times while the permittee is
soliciting or peddling in the Village of Wolcott.
Every person required to obtain a permit under the provisions
of this chapter shall exhibit the permit when requested to do so by
any prospective customer or individual.
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued under the provisions of
this chapter. The person designated on said permit or badge shall
be the only person authorized to engage in such business thereunder.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the Village of Wolcott where the
owner, occupant or person legally in charge of the premises has posted,
at the entry to the premises, or at the entry to the principal building
on the premises, a sign bearing the words "No Peddler," "No Solicitors,"
or words of similar import.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences on
Sundays or between the hours of 8:00 p.m. and 9:00 a.m. Mondays through
Saturdays.
Any permit issued under this chapter may be revoked or suspended
by the Clerk, after notice and a hearing, for any of the following
reasons:
A.
Fraud, misrepresentation or false statement contained in the application
for a permit;
B.
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities;
C.
Conducting peddling or solicitation activities contrary to the provisions
in the permit;
D.
Conviction for any crime involving moral turpitude; or
E.
Conducting peddling or solicitation activities in such a manner as
to create a public nuisance, constitute a breach of the peace or endanger
the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under
this chapter shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be mailed, postage prepaid, to the permittee
at the address shown on the permit application or at the last known
address of the permittee.
A.
Any person aggrieved by the action or decision of the Clerk to deny,
suspend or revoke a permit applied for under the provisions of this
chapter shall have the right to appeal such action or decision to
the Mayor within 15 days after the notice of the action or decision
and has been mailed to the person's address as shown on the permit
application form, or to his last known address.
B.
An appeal shall be taken by filing with the Clerk a written statement
setting forth the grounds for the appeal.
C.
The Clerk shall transmit the written statement to the Mayor within
10 days of its receipt, and the Mayor shall set a time and place for
a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from the date of receipt
of the appellant's written statement.
E.
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
F.
The decision of the Mayor on the appeal shall be final and binding
on all parties concerned.
A.
Violation of any of the provisions of this chapter shall be treated
as an infraction and shall, upon conviction, be punishable as set
forth in the municipal code.
B.
In addition to any criminal enforcement, the Village of Wolcott or
any individual may pursue any available civil remedies deemed appropriate
and necessary.
The provisions of this chapter are deemed and declared to be
severable. If any section, sentence, clause, or phrase of the chapter
shall, for any reason, be held to be invalid or unconstitutional by
a court of competent jurisdiction, such decisions shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this chapter, but they shall remain in effect; it being the legislative
intent that this chapter shall remain in effect notwithstanding the
validity of any part.
A disabled veteran who has obtained a license pursuant to this
chapter, shall not be subject to the terms and conditions of this
chapter (other than the permit/license requirement), so long as he
conducts his business without the use of a motorized vehicle.
A.
No person engaged in soliciting or peddling or acting as a transient
merchant shall occupy any of the streets or alleys or sidewalks of
the Village of Wolcott for purposes of soliciting or peddling, with
or without any type of stand, counter, cart, etc.
B.
No peddler or solicitor shall peddle, vend or sell his or her goods
or wares within 200 feet of any church or place of worship or public
or private school during regular business hours.
C.
No person shall solicit any business whatsoever at the scene of any
accident within the Village of Wolcott.
D.
All permittees offering for sale any ice cream or frozen food product
or water ices shall observe the following specified requirements:
(1)
No bell, whistle, horn or other noisemaking device shall be used
for vending purposes.
(2)
No vending shall be permitted from vehicles located on state highways.
(3)
No product shall be sold or dispensed to any child who must cross
any street or highway to the vehicle from which products are sold
or dispensed unless such child is accompanied by and under the immediate
supervision and protection of the driver of said vehicle or other
adult and such child is returned across such street or highway in
the same manner before such vehicle shall leave the immediate location
from which products are sold or dispensed. The driver of such vehicle
shall not leave any area where he has sold or dispensed any product
until all empty cartons, paper containers or other waste materials
originating from said vehicle have been removed and placed in a container
inside the vehicle.
E.
No vending shall be conducted within a distance of 75 feet of the
radius curve of any street or highway intersection or from any other
location which may obstruct the normal flow of traffic.
