[HISTORY: Adopted by the Village Board of the Village of
Webster 6-9-1994 by L.L. No. 2-1994; amended in its entirety 11-11-2010 by L.L. No.
3-2010. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Webster Peddler's License
Ordinance."
The purpose of this chapter shall be to preserve the public
peace and good order in the Village of Webster and to contribute to
the peace, welfare and good order of its people by licensing the occupation
of peddler as herein defined and thereby identifying and regulating
the conduct of persons engaged in the same.
As used in this chapter, the following terms shall have the
meanings indicated:
One who goes from place to place or from house to house or
from street to street or who stands in a street or upon a sidewalk
selling, bartering or offering for sale or barter any items whatsoever,
including but not limited to the following: goods, wares, merchandise,
magazines, food products and farm products.
Any organization organized exclusively for literary, religious,
education, scientific, civic, charitable or similar purposes, and
not part of the profits or benefits of said organization shall inure
to the benefit of its members, officers, directors or stockholders.
One who goes from place to place or from house to house or
street to street or who stands in the street or upon a sidewalk taking
orders for any items whatsoever, including but not limited to the
following: goods, wares, merchandise, magazines, food products and
farm produce, which items are to be delivered in the future, or for
service to be performed in the future or making, manufacturing or
repairing any article or thing to be delivered in the future.
It shall be hereafter unlawful for any person, firm, association or corporation to carry on any occupation as defined in § 97-3 hereof without having obtained the license prescribed by this chapter.
All license fees shall be paid when the license is issued. License
fees shall be established by the prevailing fee schedule.[1]
[1]
Editor's Note: The Village Fee Schedule is available in the
Village office and can also be found on the Village website.
A.
All
licenses pursuant to this chapter shall be issued for a period of
not to exceed one year and shall, in any event, expire on the 31st
day of December following the date of its issuance.
B.
All
licenses pursuant to this chapter shall be issued by the Village Clerk,
who shall keep an accurate and permanent record of the name, address
and occupation of the licensee, the date of issuance and expiration
of the license.
C.
A
license may be refused to the applicant if the applicant shall have
been convicted of a misdemeanor or felony which, in the judgment of
the Village Clerk, renders the applicant unfit or undesirable to carry
on the occupation of peddling, soliciting or hawking. The Village
Clerk may also refuse a license to any person who, in the Clerk's
judgment, shall be an undesirable person or unable to properly conduct
the soliciting, hawking or peddling within the Village of Webster.
D.
Any applicant who has been refused a license by the Village Clerk
may apply to the Village Board therefor, and the same may be granted
or refused by the Board.
E.
The Village Clerk may conduct an investigation into any of the above
matters to enable the Village Clerk to determine the advisability
of issuing a peddler's license to the applicant, and said Village
Clerk shall have a minimum period of two weeks to conduct said investigation.
The issuance of the license shall be delayed for such period of two
weeks and for a longer period of time, if necessary, to complete said
investigation.
The following activities or persons shall be exempt from the
licensing requirements of this chapter:
A.
Any
sales conducted pursuant to law or by order of any court;
B.
Sales
of newspapers or other periodicals, classified as second-class postal
matter;
C.
Dissemination of written materials pertaining to a candidate for
public office or a political party;
D.
Members of religious sects who sell bibles and other religious materials
without profit to themselves;
E.
Fund-raising activities of a child permanently residing in Webster
and attending any public, parochial or private school located in Webster
or an immediately adjacent town that are an authorized activity of
either an organization of which such person is a member or the school
that such person attends; and
F.
Persons, organizations, firms or corporations who or which call at
only those places where they have been requested by the owner or occupant
to call.
License fee exemptions shall be as follows:
A.
Honorably discharged member of the armed forces who has procured
a license issued by the County Clerk as provided by the General Business
Law of the State of New York.
B.
If the solicitor intends to sell goods that are being shipped into
the state, a fee may not be imposed upon the solicitor, as such a
fee would violate the Interstate Commerce Clause.
C.
Nonprofit organizations and person working for such organizations
shall be exempt from payment of fees otherwise required by this chapter.
However, in order to obtain such exemption, each nonprofit organization
shall be required to complete the appropriate license application.
(1)
The following information shall be provided to the Village Clerk
by any nonprofit organizations seeking the exemption provided by this
chapter:
(a)
Name of organization.
(b)
Name of the person responsible, together with the person's
address and phone number.
(c)
Certification of insurance (naming the Village as additionally
insured).
(d)
Estimated number of people expected to conduct the activity.
(e)
Specific daily selling hours.
(f)
Products to be sold.
(g)
Dates for licensing.
(h)
Specialty licenses required and agencies involved.
(i)
Tax-exempt number or other appropriate proof of nonprofit status,
for example certificate of incorporation or affidavit.
A license shall be secured by every peddler, hawker and solicitor
or place-to-place salesperson from the Village Clerk, as follows:
A.
All licensees hereunder shall comply with the following regulations:
(1)
Each of such licensees shall carry upon the licensee's person
at all times the license issued to the licensee by the Village Clerk
and shall produce such license and exhibit the same at any time to
any person who demands an inspection thereof.
(2)
In the event that the Village shall issue a metal sign to be used
on vehicles used by any of the foregoing licensees, such metal sign,
bearing the year of its issuance and its license number and the name
of the business, shall be fastened in a conspicuous place on every
vehicle used in such business.
(3)
None of the foregoing licensees shall use any of the public streets
or public places within the Village of Webster as standing places
for their vehicles, handcarts or pushcarts, for the conduct of their
business.
(4)
Such licensees shall not cry out or make loud noises in any public
place or public street for the purpose of selling of any merchandise.
(5)
None of such licensees shall falsely or fraudulently misrepresent
the quality, quantity or character of any products or services offered
for sale or hire.
(6)
A license will not be assignable. Any holder of such license who
permits it to be used by another person and any person who uses such
license granted to any other person shall each be guilty of a violation
of this chapter.
(7)
It shall be unlawful for any peddler or solicitor in plying his trade
to ring the bell or knock upon or enter any building whereon there
is painted or otherwise affixed or displayed to public view any sign
containing any or all or the following words: "No Peddlers," "No Solicitors,"
"No Agents" or other wording, the purpose of which purports to prohibit
peddling or soliciting on the premises.
(8)
It shall be unlawful to create or maintain any booth or stand or
place any barrel, boxes, crates or other obstructions upon the paved
sections of any street or sidewalk or upon any public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
B.
Nothing in this chapter shall be construed so as to prevent any person
having an established place for the transaction of business within
said Village from soliciting orders in such line of business from
customers and filling the same, nor so as to prevent the sale or inspection
of milk, baked goods, ice or sale or delivery of newspapers by newspaper
carriers, and such articles which are governed by the provisions of
the statutes of the State of New York.[1]
No person shall engage in soliciting or peddling at any time
before 9:00 a.m. or after 7:30 p.m. except upon invitation from or
an appointment with the resident.
Whenever a license shall be lost or destroyed on the part of
the holder or his agent or employee, a duplicate in lieu thereof under
the original application may be issued upon payment of the required
fee.[1]
[1]
Editor's Note: The Village Fee Schedule is available in the
Village office and can also be found on the Village website.
A.
Any license issued hereunder may be revoked by the Village Board
after a hearing on five days' notice to the licensee, upon proof
that such licensee has violated any of the regulations of this chapter.
B.
No applicant to whom a license has been refused or who has a license
which has been revoked shall make further application until a period
of a least six months have elapsed since the last previous rejection.
No person duly licensed pursuant to § 32 of the General
Business Law of the State of New York shall be required to secure
a license hereunder, but shall comply with all the regulations hereof.
A violation of this chapter shall be punishable by a fine not
exceeding $250 or imprisonment not exceeding 15 days, or by both such
fine and imprisonment. Each day that such violation continues shall
be deemed to be a separate offense.
