City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 88.
Handbills and posters — See Ch. 145.
Noise — See Ch. 178.
Pawnbrokers — See Ch. 189.
Peace and good order — See Ch. 191.
Special sales — See Ch. 215.
Transient retail businesses — See Ch. 249.
[Adopted 7-8-1992, approved 7-9-1992[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Peddling, adopted 11-13-1957 as Ch. 31 of the General Ordinances of the City of Mount Vernon, approved 11-15-1957, as amended. This ordinance also provided that it shall take effect 1-1-1993.
The purpose of the article is to prevent dishonest business practices by providing for the registration and regulation of the conduct of peddlers. Inasmuch as the primary purposes of the public streets, sidewalks and other public ways is for use by vehicular and pedestrian traffic, reasonable regulation of peddling on public ways is necessary to protect the public health, safety and welfare of the City and its inhabitants. Therefore, this article is meant as an expression of the police power of the City and is established for the public health, safety and welfare of the City and its inhabitants.
[Amended 11-26-2013, approved 11-27-2013]
As used in this article, the following words shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where business is transacted dealing in goods, wares and merchandise, on a regular, continuing, ongoing basis.
FOOD
Any raw, cooked or processed edible substances, beverages, ingredients, ice or water used or intended for use or for sale in whole or in part for human consumption.
FOOD VENDING BUSINESS
The business of selling or offering food for sale at retail in a public space engaged in by a food vendor.
FOOD VENDOR
A person who hawks, peddles, sells or offers food for sale at retail in any public space.
ITINERANT VENDOR
A person or entity who or which sells goods, wares, food or merchandise at a special event from various locations on public streets or sidewalks in the City or in a City park.
MOTOR VEHICLE
Any vehicle used for the displaying, storing, preparing and cooking or transporting of articles for sale, by a peddler or food vendor which is required to be licensed and registered by the State Department of Motor Vehicles. The term is to include trailers, trucks, automobiles and motorcycles.
PEDDLER
Any person, either principal or agent, who in any public way, or by traveling from house to house or established place of business to established place of business, on foot or on or from any animal, bicycle, boat or motor vehicle, sells or barters, offers for sale or barter or exposes for sale or barter any goods, wares or merchandise.
PUBLIC WAY
All areas legally open to public use, including but not limited to public streets, sidewalks, roadways, highways, parkways and alleys.
PUSHCART
Any wheeled vehicle or device used by a food vendor, other than a motor vehicle or trailer, which may be moved with or without the assistance of a motor and which does not require registration by the department of motor vehicles.
SPECIAL EVENT
Any occasion, including but not limited to fairs, shows, exhibitions, City-wide celebrations, and festivals, taking place within a specifically defined area of the City for a period of time not to exceed three days.
STAND
Any table, bench, booth, rack, handcart, pushcart, bicycle or any other fixture or device which is not required to be licensed and registered by the state department of motor vehicles, and is used for the display, storage, preparation or transportation of articles, offered for sale by a peddler or food vendor.
VEND
To hawk, peddle, sell or offer to sell food at retail in a public space, delivered immediately upon consummation of purchase.
[Amended 11-26-2013, approved 11-27-2013]
It shall be unlawful for any person to engage in the business of peddler or food vendor, as defined in § 194-2 of this article, within the City of Mount Vernon without having in force a license therefor as herein provided.
Nothing contained in this article shall be deemed to apply to any of the following:
A. 
A sale conducted pursuant to order of any court.
B. 
The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities on their own land, provided that they have otherwise complied with any licensing and health and safety requirements of any other competent governmental body or agency and the sale takes place from a stationary location owned or leased by the seller.
C. 
Any person selling newspapers or periodicals or distributing free samples from his or her person.
D. 
The activities of a religious organization governed by Article III of this chapter.
A. 
Written application. Any person desiring a license as herein provided shall file with the City Clerk a written application therefor, duly verified by the applicant upon blank forms provided by the City Clerk. A license may be taken out only by such person and not in the name of a firm, corporation, association, club, etc. Such application shall include but not be limited to the following information:
(1) 
The name, address, date of birth, social security number and motorist identification number of such person and the name of the corporation, firm, association, club, partnership or any other organization represented by such person.
(2) 
A certificate of authority which is issued by the State of New York for the purpose of certifying that the possessor of said certificate is authorized to collect and retain sales tax in accordance with the laws of the State of New York. A photostatic copy of said certificate of authority shall be made and attached to the written application.
(3) 
A description of the type of goods, wares, food or merchandise which the applicant intends to sell.
[Amended 11-26-2013, approved 11-27-2013]
(4) 
If applicable, a description of the motor vehicle or pushcart which the applicant intends to use in carrying out the proposed business or occupation, the name of the owner of such vehicle and a copy of the registration of such vehicle and insurance coverage.
[Amended 11-26-2013, approved 11-27-2013]
(5) 
Any County Health Department permit number, if a food vendor.
(6) 
Whether applicant has ever been convicted of a crime and, if so, under what name, with a listing of such convictions, including crime, jurisdiction, date and sentence imposed.
B. 
Photographs and fingerprints. Each application for a license required by this article shall be accompanied by a photograph of the applicant, in quadruplicate, passport size, taken within 30 days prior to such application, as well as the fingerprints of both hands, of the person applying for the license and of each assistant and employee who shall engage in peddling or food vending within the City. The taking and processing of fingerprints shall be as directed by the Commissioner of Public Safety. Said fingerprints shall be submitted to the New York State Division of Criminal Justice Services or other appropriate agency for processing and investigation. All costs incurred for this process must be paid by the applicant. The fee for the processing of fingerprints is mandated by the State of New York and § 126-2.2A of the Code of the City of Mount Vernon. No application for a peddling or food vending license shall be approved, nor any license issued under the provisions of this article, until the commanding officer of the Bureau of Criminal Investigation in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of a felony or misdemeanor involving violence, dishonesty or deceit.
[Amended 11-26-2013, approved 11-27-2013]
C. 
Insurance coverage. In addition to filing a written application with the City Clerk, any person desiring to procure a license shall provide proof of financial responsibility consisting of a policy or certificate of insurance. Said certificate shall be for comprehensive general liability insurance, which includes products and completed operations coverage, in an amount of $1,000,000. The City of Mount Vernon, New York, shall be named as an additional insured on said certificate. If a motor vehicle is used in the conduct of peddling or food vending business, then a certificate of automotive liability insurance must also be provided evidencing, at a minimum, the statutory limits of coverage required by the Vehicle and Traffic Law.
[Amended 11-26-2013, approved 11-27-2013]
D. 
Bond. An application for a license shall be accompanied by a bond in the sum of $2,500, which bond shall be approved as to form and surety by the Corporation Counsel. Said bond shall be conditioned for the due observance of all ordinances of the City of Mount Vernon and laws of the State of New York relative to peddling and food vending, including but not limited to all provisions of the New York State and Westchester County Sanitary Codes.
[Amended 11-26-2013, approved 11-27-2013]
E. 
The maximum number of such licenses which may be in effect shall be 20 and no new licenses shall be issued in excess of such maximum number.
[Added 11-26-2013, approved 11-27-2013]
A. 
Provided that such person has completed the application for a license and has met all other requirements as set forth in this article, there shall be no fee for such license, other than the fingerprint processing charge, for an honorably discharged member of the armed forces of the United States, or surviving spouse of the same, who is the holder of a license issued pursuant to § 32 of the General Business Law of the State of New York.
B. 
A person who is 65 years of age or over shall be exempt from the fee for a license to peddle or vend as herein provided to the extent of 50% thereof, provided that such person is actually engaged in peddling or food vending business within the City of Mount Vernon and is the owner and operator of the business using or employing a motor vehicle, pushcart or stand. Said exemption shall not include any fingerprint processing charge and is contingent upon such person completing the application for a license and meeting all other requirements as set forth in this article.
[Amended 11-26-2013, approved 11-27-2013]
A. 
The City Clerk, with such assistance from the Police Department as may be reasonably necessary, shall investigate all applicants and shall thereafter issue or deny such license to the applicant. No license shall be issued for a period greater than one year. The date of issuance and expiration of such license, as well as the purpose for which it has been issued, shall be set forth on the face thereof.
B. 
Authorizations to grant and refuse license.
(1) 
The City Clerk is hereby authorized to issue licenses under his hand, to be sealed with the Corporate Seal and countersigned by the Mayor, to such persons to peddle goods, wares or merchandise or vend food within the limits of the City, if the applicant complies with all application requirements and is found to have no nonconformity rationally related to activity as a peddler or food vendor.
[Amended 11-26-2013, approved 11-27-2013]
(2) 
The City Clerk shall deny issuance of a license to any person who fails to comply with all application requirements and/or to any person who has been convicted of a felony or misdemeanor involving violence, dishonesty or deceit and shall give written notice to the applicant setting forth the reason or reasons for said denial.
[Amended 11-26-2013, approved 11-27-2013]
All renewal applications shall be processed as new applications. The City Clerk shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this article. If the City Clerk finds that the application meets the above requirements, the City Clerk shall issue a new license pursuant to the provisions of this article.
[Amended 6-26-2002, approved 6-27-2002; 11-26-2013, approved 11-27-2013]
The City Clerk shall collect the following peddling and food vending application or renewal fees:
A. 
For each license to any person to peddle goods, wares or merchandise or to any person who is in the food vending business when using or employing a motor vehicle or pushcart: the sum of $600 per year.
B. 
For each license to any person to peddle goods, wares or merchandise when using or employing a stand or carrying his or her merchandise: the sum of $250 per year.
C. 
For each license for an itinerant vendor who sells goods, wares, food or merchandise: the sum of $225.
A. 
Any license issued to a peddler or food vendor shall be carried with said peddler or food vendor at all times when he or she is engaged in the business of peddling or vending and shall be exhibited to any person upon request. If said peddler sells food or beverages, the health permit must also be displayed.
[Amended 11-26-2013, approved 11-27-2013]
B. 
In addition to such license, the City Clerk shall issue an identification badge to every peddler or food vendor, who shall display such badge so that the badge may be easily read while doing business. If a badge becomes damaged or obscured, such peddler or food vendor shall return it to the City Clerk for replacement. The City Clerk shall be required to collect from each person to whom a badge is so issued the sum of $10.
[Amended 6-26-2002, approved 6-27-2002; 11-26-2013, approved 11-27-2013]
C. 
For each license issued employing a stand or motor vehicle, the City Clerk shall issue two license decals containing the licensee's number and date of expiration of the license; said license decals are to be placed conspicuously on both sides of the stand or vehicle.
D. 
Licenses and license decals shall be used only by the licensee to whom they were issued, or the authorized assistant or employee of said licensee, and may not be transferred to any other person. Identification badges shall only be used by the person to whom they were issued.
A. 
Licensed peddlers and food vendors shall not:
[Amended 11-26-2013, approved 11-27-2013]
(1) 
Enter upon private or public property for the purpose of peddling before the hour of 7:00 a.m. or after the hour of 7:00 p.m. on any day except:
(a) 
Upon the express invitation of the owner or occupant of said private property.
(b) 
In the case of motor vehicles used to sell food, the hours of operation shall be extended to 8:00 p.m., September 16 through June 14, and to 9:30 p.m., June 15 through September 15.
(2) 
Resort to deceptive acts or practices, physical abuse, threats, intimidation or harassment in the course of conducting business or offer for sale any provision, food or merchandise that is unfit or otherwise harmful to the user or consumer thereof.
(3) 
Peddle or vend on private or public property which has displayed a sign bearing words "No Peddling" or words of the like intent, nor shall any licensee remain on the premises after the owner or occupant thereof shall have requested the licensee's departure therefrom.
(4) 
Have an exclusive right to any location in the public way, nor be permitted to stand or remain in one place in any public way for more than 30 consecutive minutes without moving a minimum of 200 feet.
(5) 
Be permitted to operate in a congested area where such operation would increase traffic congestion or delay, constitute a hazard to life or property, interfere with an abutting property owner or obstruct access to emergency vehicles.
(6) 
Create, erect, maintain or place any stand, pushcart or obstruction upon any public way for the selling or exposing for sale any goods, wares, food or merchandise which shall restrict the flow of vehicular or pedestrian traffic.
(7) 
Permit any stand, pushcart or vehicle used in such business to stand or remain:
(a) 
In any crosswalk or driveway.
(b) 
Within 100 feet of any intersection.
(c) 
Within 250 feet of any fire hydrant, fire escape, bus stop, loading zone, handicap area or driveway of a fire station, police station or hospital.
(d) 
Unattended at any time.
(8) 
Use any sound-amplifying device, including but not limited to any loudspeaker, public address system, radio, sound amplifier or similar device, to attract public attention.
(9) 
Sell food, drink, ice cream or confections of any kind for immediate consumption, unless the licensee has a litter receptacle available for public use which shall be clearly marked and maintained, nor shall any peddler leave any location without first picking up, removing and thereafter disposing of all trash or refuse remaining from any sales.
(10) 
Exhibit, display, offer for sale or sell any goods, wares or merchandise on the following public ways:
(a) 
Fourth Avenue between First Street and Third Street.
(b) 
Gramatan Avenue, Broad Street, and Grand Street.
(c) 
Fleetwood Avenue, Prospect Avenue and Sanford Boulevard.
(d) 
Fifth Avenue between First Street and Third Street.
(e) 
Third Street.
(f) 
First Street between Second Avenue and Eleventh Avenue.
(g) 
Any areas designated as "residential" on the Mount Vernon Zoning Map.
B. 
No peddler or food vendor shall be allowed to sell within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
[Amended 11-26-2013, approved 11-27-2013]
C. 
Each license shall include the right to use only one stand, pushcart or motor vehicle in carrying out the business for which the person is licensed; provided, however, that said stand, pushcart or motor vehicle:
[Amended 11-26-2013, approved 11-27-2013]
(1) 
Displays thereon the full name and location, by street and number, of the licensee's place of business, in plain letters and figures not less than 2 1/2 inches in length, painted on the both sides thereof; and
(2) 
Displays the license decals to be issued by the City Clerk, containing the licensee's number and date of expiration of said license in a conspicuous place on both sides of such stand, pushcart or motor vehicle.
D. 
Such license shall not be interpreted or construed to supersede any and all applicable laws, ordinances, rules and regulations.
E. 
No vending vehicle or pushcart or any other item related to the operation of a food vendor's business shall touch, lean against or be affixed permanently or temporarily in any building or structure including, but not limited to, lamp posts, parking meters, mail boxes, traffic signal stanchions, fire hydrants, tree boxes, benches, bus shelters, refuse baskets or traffic barriers.
[Added 11-26-2013, approved 11-27-2013]
F. 
All items relating to the operation of a food vending business shall be kept in or under the vending vehicle or pushcart, except that samples of the nonperishable items sold may be displayed on the vending vehicle or pushcart. No items relating to the operation of a food vending business other than an adjoining acceptable waste container shall be placed upon any public space adjacent to the vending vehicle or pushcart, and no food shall be sold except from an authorized vehicle or pushcart.
[Added 11-26-2013, approved 11-27-2013]
G. 
No vending pushcart shall be located against display windows of fixed location businesses, nor shall they be within 15 feet of an entranceway to any building, store, theatre, movie house, sports arena or other place of public assembly.
[Added 11-26-2013, approved 11-27-2013]
H. 
Each food vendor who vends from a pushcart or vehicle in the roadway shall obey all traffic and parking laws, rules and regulations as now exist or as may be promulgated, but in no case shall a food vendor vend so as to restrict the continued maintenance of a clear passageway for vehicles. Any vendors using portable heating units, propane tanks, sternos, charcoal grills or any open flames must have a portable fire extinguisher as per the New York State Fire Code, and must be first approved by the Mount Vernon Fire Department for an additional fee of $100.
[Added 11-26-2013, approved 11-27-2013]
I. 
No person shall sell, give or otherwise transfer any food to an unlicensed food vendor for resale.
[Added 11-26-2013, approved 11-27-2013]
J. 
Motorized, moving ice cream trucks shall not be included among the licensed peddlers and food vendors restricted to areas set forth in Subsection A(10). However, such ice cream trucks shall not be permitted to remain stationary within park areas of the City unless by written authorization of the Mount Vernon Recreation Department.
[Added 11-26-2013, approved 11-27-2013]
K. 
Notwithstanding any of the areas restricted under Subsection A(10) of this article, it shall be within the purview of the City Council, as necessity demands, to modify and/or supplement prohibited as well as permissible areas.
[Added 11-26-2013, approved 11-27-2013]
A. 
Licenses issued under the provisions of this article may be suspended or revoked by the City Clerk of the City of Mount Vernon for cause, after giving written notice to the licensee, including but not limited to the following:
(1) 
Fraud, misrepresentation or false statement in the application for the license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying out the licensee's trade, business or occupation.
(3) 
Any violation of this article.
(4) 
Conviction of any crime involving moral turpitude while holding a peddler's or solicitor's license from the City of Mount Vernon.
(5) 
Carrying out of the licensed business, trade or occupation in an unlawful manner, or in such a way as to breach the peace or to constitute a menace to the health, welfare or safety of the public.
(6) 
Conducting the business of peddling contrary to the conditions of the license.
(7) 
Cancellation of Health Department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations.
B. 
Any license issued pursuant to this article is good only for the purposes stated thereon, and a change of product being sold without written consent from the City Clerk shall constitute cause for revocation of said license, and the licensee shall thereby be guilty of violating this article; no application for a further license may be made by said licensee for a period of one year from the date of revocation.
Any person aggrieved by the decision of the City Clerk in regard to the denial of application for a license as provided for in § 194-7 of this article or in connection with the suspension or revocation of a license as provided for in § 194-12 of this article shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk a written statement of appeal setting forth the grounds for the appeal within 14 days after the notice of decision by the City Clerk has been mailed to such person's last known address as indicated on the application or license. The City Council shall set the time and place for a hearing on such appeal to be held no later than 30 days after the written statement of appeal is filed with the City Clerk, and notice of such hearing shall be given to such person no later than 10 days prior to the hearing date. The City Council shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the City Clerk should not be upheld. At the conclusion of the hearing, the City Council shall make a final and conclusive decision. This decision shall be immediately appealable to a court of competent jurisdiction.
Any license issued pursuant to this article shall automatically expire on the first day of May next following the date of its issuance.
A. 
Any license issued pursuant to this article shall not be transferable nor assignable. In the event that a licensee shall permit any other person to possess or use such license other than the authorized assistant or employee of said licensee, such licensee shall be guilty of violating this article and said license shall be revoked by the City Clerk pursuant to § 194-12 herein; no further application for a license may be made by said licensee for a period of one year from the date of revocation.
B. 
No vehicle, trailer or pushcart used to vend food in a public place shall be assignable or transferable with a license, permit or plate that has been used under this article.
[Added 11-26-2013, approved 11-27-2013]
The City Clerk, in accordance with the laws of the State of New York, shall keep an accurate record of all licenses issued pursuant to this article.
It shall be the duty of any police officer or Code Enforcement Officer of the City of Mount Vernon to require any person seen peddling who is not known by such officer to be duly licensed to produce the appropriate identification and to enforce the provisions of this article against any person found to be violating the same.
A. 
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed $250 or by imprisonment not to exceed 15 days, or both.
B. 
Any person who fails to produce a proper license, identification badge or applicable license decals issued pursuant to this article or in any other way violates the provisions of this article may have his or her merchandise seized and impounded by the City until the termination of any action against said person to recover the fine therefor and thereafter until the fine imposed by the court has been paid. Such seizure and impoundment of any merchandise shall be at said person's risk. Should said person fail to pay the fine imposed by the court as the same shall be assessed, all merchandise seized and impounded shall be forfeited to the City, subject to public sale. Notice of the sale, specifying the date, place and hour of the sale, shall be served upon said person personally or by registered mail, addressed to him or her at his or her last known post office address and published not less than 10 days before the sale. The publication of the notice of sale shall be made in a newspaper or newspapers designated by the City Clerk having general circulation in the City and county where such merchandise was seized and impounded. The proceeds of the sale shall first be applied in payment of the fine and expenses of sale and any remainder shall be forfeited to the City.
All ordinances, laws or parts of ordinances or laws in conflict with this article are hereby repealed.
The provisions of this article are declared to be severable, and if any section, sentence, clause or phrase of this article shall for any reason be held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this article, but they shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part.
[Adopted 12-10-1969 as Ch. 4-A of the General Ordinances, approved 12-11-1969]
It shall be unlawful for any person to enter upon private residential property in the City of Mount Vernon without prior consent of the occupant for the purpose of canvassing, vending or soliciting orders for any merchandise, device, books, periodical or printed matter whatsoever: or for the purpose of soliciting alms, or for a subscription or contribution to any church, charitable or public institution whatsoever; or for the purpose of distributing any handbills, pamphlets, tract, notice or advertising matter, except where expressly provided for in Chapter 145 of the Code of the City of Mount Vernon; or for the purpose of selling or distributing any ticket or chance whatsoever, without first having obtained a license from the office of the City Clerk and without the prior consent of the occupant of the premises, except that no license shall be required:
A. 
Of any holder of a license granted pursuant to § 32 of the General Business Law.
B. 
For the soliciting of orders for, or the vending or offering for sale of, meats, fish, fruit or farm products by farmers or other persons who produce the same.
C. 
Of any person who has been a bona fide resident of the City of Mount Vernon for at least six months last past, or of any person who has maintained a place of business in the City of Mount Vernon for at least six months prior thereto, or his duly authorized representative.
A. 
Each application for a license required by this article must be filed with the City Clerk of the City of Mount Vernon and must be accompanied by the required license fee. Such application shall be on a form provided by the City Clerk and must be sworn to before a notary public and contain, among other things, the following information concerning the applicant:
(1) 
Applicant's name, residence, place of residence for past three years previous, date and place of birth, height, color of eyes and hair, whether a citizen of United States, and if naturalized, the place and date of securing such citizenship.
(2) 
Names and addresses of past employers for the past five years.
(3) 
Name and address of present employer and name and address of immediate supervisor.
(4) 
Whether single or married.
(5) 
All felonies or misdemeanors with which applicant has been charged and the disposition of each such charge.
(6) 
What, if any, licenses for peddling or vending issued by any state, municipality or other such authority have previously been held by applicant.
(7) 
All instances in which any such licenses may have been revoked or suspended and the details thereof.
(8) 
Any other information of similar nature that may reasonably be required.
B. 
No license shall be issued to a person who has been convicted of a felony or to a person convicted of a misdemeanor involving theft or moral turpitude.
[Amended 4-13-1989; approved 4-13-1989]
Each application for a license required by this article shall be accompanied by a photograph, in duplicate, in passport size, and also the fingerprints of both hands of the person applying for the license and of each assistant and employee who shall be so engaged within the City. If the applicant be a corporation, such photograph and fingerprints of each agent or employee who shall be so engaged within the City shall be submitted with the application. The fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. The Commissioner of Public Safety shall have the authority to submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigation. No application for a soliciting license shall be approved nor any license issued under the provisions of this article until after the commanding officer of the Bureau of Criminal Identification in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of any felony or any misdemeanor involving violence, dishonesty or deceit.
[Amended 9-26-2012, approved 9-27-2012]
If the applicant satisfactorily meets the foregoing requirements for the issuance of a license required by this article, the City Clerk shall issue to the applicant a license upon the payment of a fee of $200 for a term of one year.
[Amended 9-26-2012, approved 9-27-2012]
The City Clerk shall also issue to each person receiving a license a pocket card containing the photograph of the licensee, assistant or employee, as the case may be, the name and residence address of such licensee, assistant or employee and the name of the employer licensed hereunder, if any, and bearing the notation that such card is a license to canvass, vend or solicit and an imprint of the Official Seal of the City of Mount Vernon affixed thereto. The City Clerk shall be required to collect from each person to whom such card is so issued the sum of $5.
No person shall canvass, vend or solicit under a license issued pursuant to this article except during the hours from 9:00 a.m. to 6:00 p.m. on Monday through Saturday of each week, other than legal holidays.
Should an owner, tenant or manager of private property display a sign prohibiting canvassing or soliciting, the permit granted hereunder shall not authorize the permittee to enter upon such property. Further, no permittee should engage in any unconsented touching of another person or interfere with the pedestrian or vehicular traffic flow while conducting his or her solicitation. Disregard of such prohibitions shall result in revocation of the permit.
[1]
Editor's Note: This section, formerly § 194-37, was renumbered as § 194-27 6-26-2002, approved 6-27-2002.
Any person who shall violate, neglect or refuse to comply with any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not exceeding $250 or by imprisonment not exceeding 15 days, or both.
[1]
Editor's Note: This section, formerly § 194-27, was renumbered as § 194-28 6-26-2002, approved 6-27-2002.
Should some or any one provision under this article be held unconstitutional by a court, nothing herein shall affect the validity of the remaining provisions.[2]
[1]
Editor's Note: This section, formerly § 194-40, was renumbered as § 194-29 6-26-2002, approved 6-27-2002.
[2]
Editor's Note: Former Art. III, Religious Organizations, adopted 5-23-1979 as Ch. 4-B of the General Ordinances of the City of Mount Vernon, as amended, which immediately followed this article, was repealed 6-26-2002, approved 6-27-2002.