[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 5-6-1946 by Ord. No. 39; amended in its entirety 5-26-1987 by L.L. No.
2-1987 (Ch. 104 of the 1987 Code). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Food vendors — See Ch. 212.
The purpose of this chapter shall be to preserve the public
peace and good order in the Village of Liverpool and to contribute
to the public welfare and good order of its people by enforcing certain
regulations and restrictions on canvassers and solicitors in order
to prevent fraud, crime and unethical and dishonest business practices
within the Village of Liverpool.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes itinerant vendors of merchandise who shall go from
door to door or place to place in this Village selling, causing to
be sold, offering for sale or taking orders for present or future
delivery of merchandise of any description whatever. For the purpose
of this chapter, a "canvasser" or "solicitor" shall also be deemed
to be one who is not in the business of selling goods but who makes
surveys for research purposes, analysis, opinion polls, rating data
and any other work which of its nature involves a door-to-door or
place-to-place activity and shall include persons going from door
to door or place to place for the purpose of soliciting contributions
or donations for any person or organization.
Includes magazines, periodicals, books and orders or contracts
for a service, home improvement or alterations.
No person shall canvass, solicit or call from door to door or
place to place in the Village of Liverpool without first obtaining
a permit from the Village Clerk.
A.Â
Nothing herein contained shall require the licensing of honorably discharged soldiers, sailors, or marines of the military and naval services of the United States who have obtained a license from the County Clerk in connection with § 32 of the General Business Law, except that they shall be required to comply with § 277-12 and confine activities to the hours between 9:00 a.m. and 5:00 p.m.
B.Â
This chapter shall not apply to sales by any member of the Boy Scouts
of America, Girl Scouts of America or similar Village-based youth
organizations; school group; church; fraternal organizations; a duly
organized volunteer ambulance or fire company or district or an auxiliary
thereof; or other bona fide charity who is acting on behalf of said
organization, group, company, district or corporation where the organization
shall have provided notice to the Village Clerk at least five days
before the first activity on its behalf with the dates of the activity
and the name and address of the person in charge.
C.Â
Political activity shall be exempt from the terms of this chapter.
Each applicant for a permit shall file with the Village Clerk,
on a form to be provided by the Village of Liverpool, an application,
in writing, which shall give the following information and be signed
and affirmed by the applicant under the penalties of perjury:
A.Â
The name, age and physical description of the applicant.
B.Â
The complete permanent home and local address of the applicant and
the telephone number at such address.
C.Â
The name and address of the organization or person for whom solicitation
is being made and the telephone number at such address.
D.Â
A description of the nature of the business and the goods, services
or wares to be sold and sufficient information to determine the business
he is to transact.
E.Â
The days, dates and routes of his business or solicitation in the
Village of Liverpool, which, unless special permission is granted
by the Village Clerk, shall be between the hours of 9:00 a.m. and
5:00 p.m.
F.Â
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, and where and
when so convicted, the nature of the offense and the penalty, if any.
G.Â
The make, model, year, color and license plate number of automobiles
used by the applicant during the period of solicitation in the Village
and the number of his driver's license and the state of issuance.
The Clerk shall not grant such permit unless he is satisfied
that the person applying for the same is a proper person to conduct
such business. Each application shall also be submitted to the Chief
of Police of the Village of Liverpool and shall be approved by him
prior to issuance.
A separate permit must be obtained for every solicitor, agent
or employee conducting business or soliciting within the Village limits.
Each applicant shall be issued a permit by the Village Clerk,
upon which shall be impressed the Official Seal of the Village of
Liverpool and the period for which said permit shall be valid, but
in no event to exceed 30 calendar days from the date of issuance.
The permittee shall carry the permit at all times when conducting
business in the Village and shall exhibit it to any citizen or Village
official upon request. At the conclusion of the period for which the
permit was issued, said permit shall be returned to the Village Clerk.
The Village Clerk may, at any time for a violation of this chapter
or any other ordinance or any law, revoke any permit. When a permit
is revoked, no refund of any portion of the fee shall be made. Notice
of such revocation and the reason therefor shall be in writing and
shall be served by the Village Clerk upon the person named in the
application or by mailing the same to the address given in the application.
A copy of the revocation order shall be part of the Village Clerk's
records.
No permit issued under the provisions of this chapter shall
be used at any time by any person other than the one to whom it was
issued.
Every person to whom a permit is issued under the terms of this
chapter shall be governed by the following rules and regulations:
A.Â
He shall not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale.
B.Â
He shall not 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.
C.Â
He shall not stand or permit the vehicle used by him to stand 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 objects.
D.Â
He shall not create or maintain any booth or other obstruction upon
any street or public place for the purposes of selling or exposing
for sale any goods, wares or merchandise.
E.Â
He shall not sell any merchandise within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
F.Â
No person subject to the terms of this chapter shall enter or attempt
to enter the house or apartment of any resident in the Village without
an express invitation from the occupant of the house or apartment.
G.Â
No person subject to the terms of this chapter shall conduct himself
in such a manner as to annoy or harass any person while soliciting
within the Village.
The fee for each permit shall be as set by resolution of the
Board of Trustees.[1]
[1]
Editor's Note: Current fees are on file in the office
of the Village Clerk.
In the event that an application for canvassing or soliciting
is incomplete, it shall be disapproved and be returned to the applicant
for completion. The applicant may appeal to the Board of Trustees
of the Village of Liverpool, which shall set a time and place for
a hearing, which hearing shall be held within 15 days after a request
for an appeal has been filed with the Village Clerk and at which hearing
the applicant will be given an opportunity to present his reasons
why the permit should be issued. The decision of the Board of Trustees
is final.
