[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 11-23-1981 by L.L. No. 10-1981 (Ch. 144 of the 1982 Code). Amendments noted where applicable.]
Fees — See Ch. 130.
As used in this chapter, the following terms shall have the following meanings, except as otherwise indicated from the text:
- HAWKER, PEDDLER and SOLICITOR
- Any person, either principal or agent, who, 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 on or from any animal or vehicle standing in a street, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares, merchandise, services or contracts of any kind.
- One 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.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, nor to any person selling personal property at wholesale to dealers in such articles, nor to dealers of heating oil, nor to any honorably discharged member of the Armed Forces or any other person who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York; nor shall §§ 169-3 through 169-10 hereof apply to any person collecting for any charitable institution or organization having obtained tax exempt status under the Internal Revenue Code. This chapter shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person within the limits of the Village of North Hills 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.
Every applicant for a license is required to submit to the Village Clerk a written application supplying, under affidavit, the following information:
That he is a citizen of the United States.
That he has never been convicted of a felony or a misdemeanor.
In detail, the particular business, trade or occupation for which the license is required.
The manner or means of conveyance in which the said business or trade shall be conducted.
The locality within which it is desired to carry on or engage in said trade, business or occupation.
The name of the person or persons or the residence of the person composing any such firm, or the principal place of business of any such corporation, and the name of the officer in the case of a corporation upon whom process or other legal notice may be served.
Upon the filing of the application as provided in § 169-4, the Mayor shall, upon his approval of such application, issue to the applicant a license as provided by § 169-3, signed by the Mayor. 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. A license shall not be assignable, and unauthorized use thereof, either by a holder of such license or by any other person, shall be deemed to be a violation of this chapter.
The license fee for hawkers, peddlers or solicitors shall be as set forth in Chapter 130, Fees.
The Mayor may, at any time for a violation of this chapter or any other ordinance or any law, revoke any license. When a license is revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor in writing shall be served by the Mayor upon the person named in the application or by mailing the same to the address given in the application, and a copy of such notice shall be filed with the Village Clerk. Any person whose license has been so revoked may appeal the said revocation, in writing, to the Board of Trustees within 20 days after the service or mailing of the notice of revocation.
A licensed hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity or quality of any article offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
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.
Not stand or permit the vehicle used by him to stand in one place in any public street or place for more than 10 minutes or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
Not sell any confectionery 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.
Not permit any vehicle used by him to stop or remain on any crosswalk.
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.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in § 1-12 of this Code. Each day such violation occurs shall be a separate violation, punishable separately.
Any person or organization exempt from the provisions of this chapter by reason of its status under the Internal Revenue Code shall, prior to soliciting funds, notify the Village Clerk of his or its intention to solicit funds. Such organization shall submit to the Village Clerk a written statement under oath, giving the name of the organization, its address, the names of persons who will be soliciting funds, the dates of such solicitation and its tax exempt number. Upon the submittal of such statement, the Village Clerk shall issue, at no cost, a certificate of compliance with this chapter.