[HISTORY: Adopted by the Board of Trustees of the Village
of Chatham 5-7-1930. Section 73-6 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 11.
[Amended 3-1-1954]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a building or store in which or where the person
transacts business and deals in the goods, wares and merchandise he
hawks, peddles or solicits for during regular business hours.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, in any public street 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 animal or vehicle, sells or barters, offers
for sale or barters or carries or exposes for sale or barter any goods,
wares or merchandise, except meats, fish, fruit and farm produce by
farmers and persons who produce such commodities.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, jointstock companies, societies
and all other entities of any kind capable of being sued.
Includes any person who goes from place to place or house
to house or who stands in any street or public place taking or offering
to take orders for goods, wares, or merchandise, except meats, fish,
fruit and farm produce by farmers and persons who produce such commodities,
or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
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 established places of business within the village,
or their employees, for soliciting orders from customers and deliveries
of the same, to farmers and truck gardeners who, themselves or through
their employees, vend, sell or dispose of produce of their own farms
and gardens, to any honorably discharged soldier, sailor or marine
who has procured a license as provided by the General Business Law
of the State of New York or to berry pickers who sell berries of their
own picking. This chapter shall also not apply so as to unlawfully
interfere with interstate commerce and the sale of merchandise for
charitable and educational purposes.
It shall be unlawful for any person within the corporate limits
of the Village of Chatham to act as a hawker, peddler or solicitor
as herein defined without first having obtained and paid for, and
having in force and effect, a license therefor.
Any person desiring to procure a license as herein provided
shall file with the Village Clerk a written application upon a blank
form prepared and 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
service 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 Clerk of the village. Such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
A.
Upon the filing of the application, the Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 73-3. 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.
B.
A license shall not be assignable.
C.
Such license shall automatically expire six months following the
date of issuance of such license, but such license may specifically
state and provide for an earlier expiration date.
[Amended 6-9-1994 by L.L. No. 2-1994]
D.
Such license shall include the right to use only one vehicle in carrying
on the business for which the person is licensed.
E.
Every licensee, while exercising his license, shall carry the license
with him and shall exhibit the same upon demand.
F.
Permits issued under this chapter shall not be valid for street or
sidewalk festivals which are conducted by the Chatham Business Alliance
or similar organizations which receive written authorization for the
conduct of such festivals from the Village Board of Trustees.
[Added 6-9-1994 by L.L. No. 2-1994]
[Amended 5-11-1989 by L.L. No. 2-1989; 6-9-1994 by L.L. No. 2-1994]
The license fees charged to hawkers, peddlers and solicitors
under the provisions of this chapter of the Code of the Village of
Chatham shall be at such rates as shall be set forth from time to
time by separate resolution of the Village Board of Trustees.
Each vehicle kept or used by a licensee in the exercise of his
license shall be marked on both sides by a separate license card corresponding
to the number of his license, with the words "Licensed Vendor" thereon.
Each licensee and helper shall be furnished with a numbered badge
to be displayed on his outer garment at all times.
The village may, at any time, for a violation of this chapter
or any other ordinance or any law revoke any license. When a license
shall have been revoked, no refund of any unearned portion of the
license fee shall be made.
A licensee shall:
A.
Not falsely or fraudulently misrepresent the quantities, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Not wear the badge provided by the village or use the vehicle cards
after the expiration or revocation of the license represented by them.
C.
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.
D.
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.
E.
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.
F.
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street, sidewalk or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
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.
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 who 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 fine of not less than $10 nor more than $100, and each day on which
such violation continues shall constitute a separate offense.
