State Law Reference:
General powers of Board of Trustees, Village Law, § 4-412;
licenses for veterans, General Business Law, § 32; solicitation
of funds for charitable purposes, Executive Law, Art. 7-A.
[Ord. No. 2, § 1, 6-23-1930; L.L.
No. 3-2009, § 1]
For the purposes of this chapter[1], the following definitions shall apply:
Includes a building or store in which or where a person continuously
transacts business and deals in the goods, wares and merchandise he
hawks, peddles or solicits for during usual business hours.
Includes any person either principal or agent, who, in any
public place or street or by going from house to house or place of
business, sells or barters, offers for sale or barter or carries or
exposes for sale or barter any goods, wares or merchandise.
Includes any person who goes from place to place or house
to house or who stands in any public place or street taking or offering
to take orders for goods, wares or merchandise or for services to
be performed in the future or for making, manufacturing or repairing
any article or thing whatsoever for future delivery.
[1]
Editor's Note: This chapter consists of Ord. No. 2, adopted
6-23-1930 and amended 10-3-1955 and 7-29-1969.
[Ord. No. 2, § 2, 6-23-1930]
(a)
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 merchants
having an established place of business within the Village or their
employees for soliciting orders of business from customers and delivering
same, or to farmers and truck gardeners who themselves or through
their employees vend, sell or dispose of products of their own farms
or gardens.
(b)
This chapter shall not apply so as unlawfully to interfere with interstate
commerce.
[Ord. No. 2, § 3, 6-23-1930]
It shall be unlawful for any person, within the corporate limits
of the Village, to act as a hawker, peddler or solicitor without first
having obtained and having in force and effect a license therefor.
[Ord. No. 2, § 4, 6-23-1930; L.L.
No. 3-2009, § 2]
(a)
Any person desiring to procure a license as provided in this chapter
shall file with the Village Clerk a written application upon a blank
form furnished by the Village and shall file at the same time satisfactory
proof of good character. Such application shall give the number and
kind of vehicles 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 services 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, and such other
information as may be required by the Village Board.
(b)
An application for a license shall also be accompanied by a bond
to the Village approved as to form and surety by the Village Clerk
and Treasurer in the penal sum of $200 with a sufficient surety or
sureties or sufficient collateral security, conditioned for the due
observance during the time of the license of any and all ordinances
which are now in force or may be hereafter adopted by the Village
Board respecting hawking, peddling and soliciting. In the case of
solicitors who demand, accept or receive payments or deposits of money
in advance of final delivery, such bond shall be further conditioned
for making final delivery of goods, wares or merchandise ordered or
service to be performed in accordance with the terms of such orders,
or failing therein, that the advance payment on such be refunded.
Any person aggrieved by the action of any such licensed solicitor
shall have a 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 a cash deposit, such deposit shall be retained by the
Village for a period of 90 days after the expiration of such license,
unless sooner released by the Village Board.
(c)
All applicants for peddler, hawker and/or solicitor permits shall
be required to have their fingerprints taken by the Village Police
Department. The Chief of Police may forward such fingerprint impressions
to the Division of Criminal Justice Services of the State of New York
for investigation and examination.
[Ord. No. 2, § 5, 6-23-1930]
(b)
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.
(c)
A license shall not be assignable and any attempted assignment thereof
shall render such license void. Any person who assigns or attempts
to assign any such license shall each be guilty of a violation of
this section.
(d)
Whenever a license shall be lost or destroyed on the part of the
holder or 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.
(e)
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in the order in which
they are issued and shall state clearly the kind of vehicle to be
used, the kind of goods, wares or merchandise to be sold or service
to be rendered, the number of his badge and license plate, the dates
of issuance and expiration of the license, the fee paid and the name
and address of the licensee.
(f)
Such licenses shall automatically expire on January 1 following the
date of issuance of such licenses, but such license may specifically
state and provide for an earlier expiration date.
(g)
Such license shall include the right to use only one, vehicle in
carrying on the business for which the person is licensed.
(h)
No license shall be granted to a person under 21 years of age.
(i)
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 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.
(j)
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
[Ord. No. 2, § 6A, 6-23-1930; L.L.
No. 6-1987, § 1; L.L. No. 1-1991, § 3; L.L. No. 3-2009, § 3]
(a)
The license fees shall be as follows:
(1)
For new licenses issued for the first time to an applicant: for one
year, $400; for 1/2 year, $200; for three months or less, $120.
(2)
For licenses issued to applicants who have held a valid license within
nine months prior to said application: for one year, $300; for 1/2
year, $150; for three months or less, $90.
(3)
The license shall be effective for such period of time as determined
by the Village Board of Trustees.
(b)
Any holder of a license issued by the Clerk of Westchester under
the General Business Law of the State of New York, §§ 1
and 2,[1] and who is a resident of the Village of Tuckahoe and who
has been such a resident for at least six months at the time of application
for a license under this chapter shall, upon presentation of proof
of such facts to the Village Clerk, and who is otherwise qualified
for a license under this chapter, be entitled to a license under this
chapter without payment of fees.
[1]
Editor's Note: For current provisions, see § 32
of the General Business Law.
[Ord. No. 2, § 7, 6-23-1930]
Every vehicle used by a licensed hawker, peddler or solicitor
in or about his business shall have the name of the licensee and his
address plainly and distinctly and legibly painted in letters and
figures at least two inches in length in a conspicuous place on the
outside of each side of every such vehicle, and such name and address
shall be kept so painted plainly and distinctly at all times while
such vehicle is in use during the continuance of the license.
[Ord. No. 2, § 8, 6-23-1930]
The Village Clerk may, at any time, for a violation of this
chapter or any other ordinance or any 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 reasons
therefor in writing 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.
[Ord. No. 2, § 9, 6-23-1930]
A licensed hawker, peddler or solicitor shall:
(1)
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
(2)
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
(3)
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.
(4)
Not 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 ground
floor thereof objects; or in any place if traffic is thereby obstructed.
(5)
Not sell any confectionary, ice cream or other edible within 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
(6)
Not 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.
(7)
Not deposit or throw or cause or permit to be deposited or thrown
any refuse or other substance upon any public or private property
within the Village.
[Ord. No. 2, § 10, 6-23-1930]
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, in duplicate, stating the terms thereof and the amount
paid in advance and one copy shall be given to the purchaser at the
time the deposit of money is paid to the solicitor.
[Ord. No. 2, § 11, 6-23-1930]
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.
[Ord. No. 2, § 12, 6-23-1930]
Any person who himself or by his Clerk, agent or employee shall act as a 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 hawker, peddler or solicitor shall, upon conviction, be punished by a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person.
[L.L. No. 2-2018]
(a)
Any owner or occupant of residential property located in the Village
who wishes to prohibit soliciting and peddling on the premises shall
complete a form available in the Village Clerk's office and on
the Village's website. The completion of the form will allow
the owner/occupant's premises to be included on a list of properties
that do not permit solicitation or peddling (herein referred to as
the "do-not-knock registry" or "registry").
(b)
In order to be removed from the registry, the owner and/or occupant
must complete a form indicating that he/she does not want his/her
property to be included on the registry.
(c)
All solicitors and peddlers shall obtain the current do-not-knock
registry at the time of issuance of a permit or at the time of registration
to solicit pursuant to the provisions of this chapter.
(d)
Solicitors and peddlers shall not solicit or peddle at any premises
identified on the then-current do-not-knock registry.
(e)
It shall be the responsibility of the solicitor and peddler to check
each residence on, and to obtain updated copies of, the registry.
(f)
Solicitation in connection with political, educational, charitable,
religious or other noncommercial purposes shall not be subject to
the provisions of this section regarding the do-not-knock registry.
