§ 205-3License required.
§ 205-4Application for license; bond.
§ 205-5Issuance of license; restrictions.
§ 205-6License fee; denial of license.
§ 205-7Revocation of license.
§ 205-8Penalties for offenses; other remedies.
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKER AND PEDDLER
- Except as hereinafter expressly provided, any person, either principal or agent, who from any vehicle or car or in any public street or public place or by going from house to house or from place of business to place of business, on foot or from any animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except milk and newspapers.
- One (1) or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- 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 any orders for goods, wares or merchandise, except newspaper or milk, 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 any honorably discharged member of the armed forces who has procured a license as provided by the General Business Law of the State of New York; to merchants having an established place of business within the village for soliciting orders from customers and delivering the same; or to nonprofit organizations. This chapter shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person within the corporate limits of the Village of Oxford, New York, 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 by the Village Clerk and furnished by the village. 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; and the length of time the applicant desires the license.
An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the Village of Oxford, approved as to form and surety by the Village Attorney, in the penal sum of one hundred dollars ($100.), with a sufficient surety or sureties or sufficient collatoral security, conditioned for making a final delivery of goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment for such order is refunded. Any person aggrieved by the action of any licensed solicitor shall have the right of action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in the case of a cash deposit such deposit shall be retained by the Village of Oxford for the period of ninety (90) days after the expiration of any license, unless sooner released by the Village Clerk.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 205-3, signed by the Village Clerk.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.
Such license shall include the right to use only one (1) vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under twenty-one (21) years of age.
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 (6) months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
Licenses shall be issued from 9:00 a.m. to 5:00 p.m., and the hours for peddling and soliciting within the village shall be from 9:00 a.m. to 5:00 p.m.
The license fee shall be the sum of twenty-five dollars ($25.) per day, which said daily fee is hereby ordained and established therefor, and each such license shall be issued as aforesaid by the Village Clerk. Any applicant who shall have been refused such license by the Clerk may apply to the Board of Trustees therefor at a meeting thereof, and the same may be granted or refused by the Board.
The Village Clerk may, at any time for a violation of this chapter or any other law, revoke any license. Notice of such revocation and the reason or reasons therefor shall be served, in writing, by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.