Village of East Aurora, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 9-21-1953; amended in its entirety 7-19-2004 by L.L. No. 6-2004 (Chapter 48 of the 1972 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 137, Art. II.
As used in this article, the following terms shall have the meanings indicated:
CHARITABLE
Patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal.
CLERK
The Municipal Clerk.
CONTRIBUTIONS
Alms, money, subscription, property or any donations.
PEDDLER
Any person who goes upon the premises of any private residence, not having been invited by the occupant thereof, or any person who goes upon the streets, roads or highways within the Village of East Aurora, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This includes any person who solicits orders and as a separate transaction makes deliveries to purchasers.
PERSON
A person or any firm, corporation, association, club, society or organization.
SOLICITOR
Any person who goes upon the premises of any private residence, not having been invited by the occupant thereof, or any person who goes upon the streets, roads or highways within the Village of East Aurora, for the purpose taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future. This includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious, or other noncommercial purposes.
It shall be unlawful for any person to engage in peddling or solicitation activities within this municipality without first obtaining a permit issued by the Clerk; provided, however, that the following are exempt from the provisions of this section:
A. 
Notwithstanding any of the provisions herein contained, any person, corporation, partnership or association engaged in charitable, benevolent, veterans, religious or school purposes, or engaged in selling produce or products raised in the Village which are offered for sale, who are soliciting shall be permitted to obtain a permit in compliance with the regulations hereof, without payment of any fee therefore.
B. 
Persons under 19 years of age shall not be required to register and obtain a permit as heretofore provided for, in the event that they are soliciting for any purposes directly connected with a religious, charitable, benevolent, school or service organization native to the Village of East Aurora.
C. 
Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made.
D. 
Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation.
E. 
Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person.
No person under the age of 18 shall be permitted to engage in peddling except as provided in this section.
A. 
A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one or more persons under 18 years of age.
B. 
The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling under the sponsor's permit.
C. 
The sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification that identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when the individuals are peddling or soliciting.
Every person subject to the provisions of this article shall file with the Clerk an application in writing on a form to be furnished by the Clerk, which shall provide the following information:
A. 
Proof of age, address and identification of the applicant;
B. 
A brief description of the business or activity to be conducted;
C. 
The length of time for which the right to peddle or solicit is desired; not exceeding 60 days;
D. 
If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
E. 
A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or local law violation, the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof;
F. 
The type of vehicle that will be used and its registration number;
G. 
Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this article; and
H. 
Two photographs of the applicant that shall have been taken within 60 days immediately prior to the date of filing of the application. The photographs shall measure one inch by two inches and show the head and shoulders of the applicant in a clear and distinguishing manner.
A. 
At the time the application is filed with the Clerk, the applicant shall pay a fee to cover the cost of processing the application and investigating the facts stated therein. The permit fee shall be as set forth in Chapter 137, Article II, of this Code.
[Amended 3-14-2006 by L.L. No. 1-2006]
B. 
No permit fee shall be required from any person or entity to whom a permit has been issued pursuant to § 32 of the New York General Business Law to hawk, peddle, vend and sell his own goods, wares and merchandise or to solicit or trade upon the streets and highways within the state, and no permit fee shall be required in any case whereby so doing it would unlawfully interfere with interstate commerce.
[Amended 3-14-2006 by L.L. No. 1-2006]
All solicitors requiring cash deposits or taking orders for cash on delivery purchases (COD) or who require a contract of agreement to finance the sale of any goods, services, or merchandise for future delivery, or for services to be performed in the future, shall furnish to the Clerk a bond in an amount as set from time to time by resolution of the Board of Trustees.
A. 
Upon receipt of an application, the Clerk shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
B. 
If the Clerk finds the application to be satisfactory, such application shall be referred to the Police Department of the Village of East Aurora for approval, and after such approval has been received, the application shall be eligible for the issuance of such permit.
C. 
The permit shall show the name, address and photograph of the permit holder, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued.
D. 
Permits will be issued within five business days from the receipt of the completed application.
A. 
Upon the review of the application, the Clerk may refuse to issue a permit to the applicant under this article for any of the following reasons:
(1) 
The location and time of solicitation or peddling would endanger safety and welfare of the solicitors, peddlers or their customers;
(2) 
An investigation reveals that the applicant falsified information on the application;
(3) 
The applicant has been convicted of a felony, misdemeanor or local law violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property, such conviction being entered within the five years preceding the date of application;
(4) 
The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application;
(5) 
The applicant offers no proof of authority to serve as an agent; or
(6) 
The applicant has been denied a permit under this article within the immediate past year, unless the applicant can and does show to the satisfaction of the Clerk that the reasons for such earlier denial no longer exist.
B. 
The disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
All permits issued under the provisions of this article shall expire 60 days from the date of issuance, unless an earlier expiration date is noted on the permit.
Every person required to obtain a permit under the provisions of this article shall exhibit the permit when requested to do so by any prospective customer or individual.
It shall be unlawful for any person other than the permit holder to use or wear any permit or badge issued under the provisions of this article.
Entering a private residence or business by a solicitor or peddler, as defined herein, for the purpose of selling or offering for sale or for soliciting orders for goods, wares, merchandise, contracts or personal services, or remaining in a private residence or on the premises thereof, or any place of business or on the premises thereof, after the owner or occupant thereof shall have requested any solicitor or peddler to leave, or going in and upon the premises of a private residence or place of business by a solicitor or peddler, as defined herein, for any such purposes when the owner or occupant has displayed a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import is prohibited and is declared to be an offense.
No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts or services upon any streets, roads or highways within the Village, nor shall he use any loudspeaker, horn or any other device for announcing his presence by which members of the public are annoyed.
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 8:00 p.m. and 9:00 a.m.
Any permit issued under this article may be revoked or suspended by the Clerk, after notice for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for a permit;
B. 
Fraud, misrepresentation or false statement made by the permit holder in the course of conducting solicitation or peddling activities;
C. 
Conducting peddling or solicitation activities contrary to the provisions of the permit;
D. 
Conviction for any crime involving moral turpitude; or
E. 
Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under this article shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be faxed or mailed to the permit holder at the address shown on the permit application or at the last known address of the permit holder or by causing a copy of such notice to be personally delivered the applicant. In either case, the permit will be deemed revoked upon mailing or delivery of such notice.
A. 
Any person aggrieved by the action or decision of the Clerk to deny, suspend or revoke a permit applied for under the provisions of this article shall have the right to appeal such action or decision to the Mayor within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, or to his last known address.
B. 
An appeal shall be taken by filing with the Clerk a written statement setting forth the grounds for the appeal.
C. 
The Clerk shall transmit the written statement to the Mayor within 10 days of its receipt and the Mayor shall set a time and place for a hearing on the appeal.
D. 
A hearing shall be set not later than 20 days from the date of receipt of the appellant's written statement.
E. 
Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
F. 
The decision of the Mayor on the appeal shall be final and binding.
A. 
Violations of any of the provisions of this article shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.
[Amended 3-14-2006 by L.L. No. 1-2006]
B. 
In addition to any criminal enforcement, the municipality or any individual may pursue any available civil remedies deemed appropriate and necessary.
This article is enacted for the purpose of regulating the conduct and business practices of transient merchants within the Village of East Aurora.
As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
TRANSIENT RETAIL BUSINESS
A retail or wholesale business conducted in a temporary structure or tent; or from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right-of-way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three months' or more duration, sealed by monetary consideration, shall be presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation.
The purpose of this article is to assist the government of the Village of East Aurora, the management of its business, the preservation of good order and the peace, health, safety and welfare of its inhabitants and the protection and security of their property.
A. 
No person shall engage in business as a transient merchant unless he shall first obtain a license to do so from the Village Clerk no later than 14 business days before the first date of business.
B. 
The fee for a transient merchant's license shall be as set forth in Chapter 137, Article II, of this Code.
[Amended 3-14-2006 by L.L. No. 1-2006]
C. 
Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York shall obtain a license as required under this article but shall be exempt from any fee.
D. 
All license applications of transient retail merchants shall require the approval of the Village of East Aurora Police Department, Village Attorney and Building Inspection Department.
[Amended 3-14-2006 by L.L. No. 1-2006]
An application for a transient merchant's license shall provide the following information:
A. 
The address of the applicant's residence.
B. 
The firm or firms represented, together with copies of documents establishing the firm's state or county, form of organization, ownership and qualifications to do business in the State of New York, including but not limited to, doing business as certificates, certificates of incorporation, certificate of authority from the New York Sales Tax Department, Disability and Workers' Compensation Insurance and the exact relationship between the firm and the transient merchant.
C. 
A brief description of the firm and the kind of goods or commodities the applicant desires to sell.
D. 
The hotel, room or other location where the applicant proposes to sell such merchandise, and the time during which said business is to be conducted.
This article shall not be held to apply to any of the following:
A. 
Sales conducted pursuant to statute or otherwise regulated pursuant to the Village of East Aurora Building and Zoning Code.[1]
[1]
Editor's Note: See Ch. 285, Zoning.
B. 
Sales conducted pursuant to the order by any court.
C. 
Any person selling personal property at wholesale to dealers in such articles.
D. 
The sale of fruits and vegetables raised on the property where being sold.
E. 
Persons soliciting, collecting or operating a sale on behalf of any bona fide charitable educational, scientific, health, religious, patriotic or other organization of worthy cause deemed to be in the public interest.
F. 
Any person selling personal property at a garage sale held at his residence.
The laws of the Village of East Aurora, including but not limited to Chapter 285, Zoning, of the Village of East Aurora shall apply to all licenses granted under this article. The Village reserves the right to revoke any license that violates such laws of the Village of East Aurora.
[Amended 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this article shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.