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:
HAWKER or PEDDLER
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.
NONPROFIT ORGANIZATION
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.
SOLICITOR or PLACE-TO-PLACE SALESPERSON
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.
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:
(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.
(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. For each motorized vehicle used by any of the foregoing in any such
business within the Village of Webster.
B. For each pushcart or handcart used by any of the foregoing for such
business within the Village of Webster.
C. For each person engaged in the occupation of peddler, hawker or solicitor or place-to-place salesperson without either of the vehicles named in Subsections
A and
B of this section.
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.
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.