As used in this article, the following terms
shall have the meanings indicated:
Patriotic, philanthropic, social service, health, welfare,
benevolent, educational, civic, cultural or fraternal.
The Municipal Clerk.
Alms, money, subscription, property or any donations.
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.
A person or any firm, corporation, association, club, society
or organization.
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.
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.
