[HISTORY: Adopted by the Board of Trustees of the Village of Hancock 9-14-1992 by L.L. No. 4-1992. Amendments noted where applicable.]
This chapter is enacted by the Village of Hancock for the purpose of regulating transient peddling, vending, soliciting and commercial vending in order that the peace, health, safety, welfare and good order of the Village and of its inhabitants shall not be endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling and Soliciting Law of the Village of Hancock."
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL VENDOR
- Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services and who operates out of a temporary trailer, mobile home or any other object which does not have a permanent in-ground foundation.
- ESTABLISHED PLACE OF BUSINESS
- A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares or commodities he peddles, vends or solicits in the ordinary and regular course of business.
- The selling, bartering or trading of, or offering to sell, barter or trade, any goods, wares, commodities or services.
- PEDDLER, VENDOR and SOLICITOR
- Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or who solicits contributions of goods or moneys by going from house to house or place of business to place of business or in any public street or public place or by temporarily occupying a room, building or other premises therefor.
- Includes any individual, firm, partnership, corporation and unincorporated association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction of this chapter to act as a peddler, vendor, solicitor or commercial vendor, as herein defined, without first having duly obtained and having in force and effect a license therefor.
An application for a license shall contain the following information:
The name and description of the applicant.
The address of the applicant (local and legal).
The name of the firm or company where the applicant is employed.
The address of the firm or company where the applicant is employed.
A description of the motor vehicle to be used, along with the license number, if applicable.
A brief description of the nature of the business and the kind of goods or property to be peddled, solicited or vended.
The date and length of time the applicant desires the license.
The Village Clerk shall require a letter of authorization from the firm or company which the applicant purports to represent.
Each person peddling or soliciting for the same firm or company shall be required to file a separate application.
Upon receipt of the application and of the license fee, the Village Clerk shall investigate all applications and if reasonably satisfied with the applicant's qualifications, the Village Clerk shall issue a license to the applicant specifying the particular business authorized and the location wherein it may be conducted. If, after investigation of any application, the Village Clerk shall deny same, he shall endorse on such application such disapproval and the reason for 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. This license shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any Village official, prospective buyer, police officer or sheriff or his deputies.
The licensing period shall be on a daily, monthly or annual basis, and fees for the same shall be as set forth from time to time by resolution of the Board of Trustees. Such license shall not be transferable and shall so state on the face thereof.
Editor's Note: The current fees resolution is on file in the office of the Village Clerk.
The Village Clerk shall keep a record of the applications, of the determinations thereon and of all licenses issued in accordance with this chapter. The record shall contain the name and residence of the person licensed, the location of the business, the amount of the license fee paid and the date of the license fee paid and the date of revocation and/or expiration of all licenses revoked.
The provisions of this chapter shall not apply to the following:
An honorably discharged member of the armed forces who is crippled as a result of injuries received while in the military services of the United States, who has procured a license from the Delaware County Clerk as provided by the General Business Law of the State of New York.
Any person soliciting at the express invitation of the person solicited or serving an established customer.
A wholesaler selling articles to dealers or merchants who have an established place of business within the town.
A truck gardener or farmer who himself, or through his employees, vends, sells or disposes of products of his own farm or garden.
A child permanently residing in the Town of Hancock and attending any public, parochial or private school located in the Town of Hancock or an immediately adjacent town; or a representative of any established church maintaining a place of worship within the town or an immediately adjacent town; or a member of a veterans' organization, provided that such organization has and maintains a chapter, post, lodge, camp or other group within the Town of Hancock; or a member of a fraternal organization or civic group, provided that such fraternal organization or civic group maintains a chapter of local organization within the Town of Hancock and further provided that any person coming within the provisions of this exemption shall only peddle, vend or solicit in connection with an authorized activity of the organization of which such person is a member or the school which such person attends.
Auction sales held pursuant to law by a sheriff or other officer authorized by law to conduct such sale.
This chapter shall not apply so as to interfere unlawfully with interstate commerce.
A licensed peddler, vendor or solicitor shall not:
Call attention to his goods by blowing a horn, by shouting or crying out or by any loud or unusual noise.
Frequent any street in an exclusive nature so as to cause a private or public nuisance.
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 the lessee of the ground objects.
Sell confectionary or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Commercial vending is allowed only in commercial districts, except for the sale of confectionary or ice cream, which is also allowed in residential districts.
[Amended 8-12-2014 by L.L. No. 2-2014]
Licenses issued under provisions of this chapter may be revoked by the Village Clerk of the Village of Hancock, after notice and hearing, for any of the following causes:
Notice of the hearing for revocation 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, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section, may forthwith temporarily suspend such license until a hearing is held by him, as provided herein, and the Village Clerk shall have issued his determination thereon.
If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either he or any one or more of his employees are determined to be in violation of this chapter.
Any person aggrieved by the action of the Village Clerk in the denial of an application for a license, as provided in § 77-6 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 77-11 of this chapter, shall have the right to appeal to the Board of Trustees of the Village of Hancock. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
Any person who shall act as a peddler, vendor or solicitor, as herein defined, without a license or who shall continue to act as peddler, vendor or solicitor subsequent to the revocation of his license shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate violation.