Chapter 171, PEDDLING AND SOLICITING

Text relating to Ilion laws has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

Chapter 171, PEDDLING AND SOLICITING

§ 171-1. Definitions

As used in this chapter, the following terms shall have the meanings indicated:

SOLICITOR -- Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. The term "solicitor" shall not apply to a person selling milk, newspapers and food distributed on regular customer routes.

VENDOR, HAWKER and PEDDLER -- Includes, except as hereinafter expressly provided, any person, either principal or agent, who, from any vehicle or any public street or public place or by going from house to house or place of business to place of business on foot or on or from any animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and food distributed on regular customer routes.

§ 171-2. Applicability; exemptions

A. Nothing in this chapter shall be held to apply to:

(1) Any sales conducted pursuant to statute or by order of any court.

(2) Any person selling personal property at wholesale to dealers in such articles.

(3) Persons under the age of eighteen (18) years.

(4) Farmers and truck gardeners who themselves or through their employees vend, sell or dispose of products of their own farms and gardens.

(5) Any 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.

(6) Berry pickers who sell berries of their own picking.

B. Nonprofit organizations and persons working for such organizations shall also be exempt. However, such organizations shall register annually with the Village Clerk in the event that they plan to engage in vending, hawking, peddling or soliciting and shall indicate the type of activities to be undertaken and the time when they will be performed; provided, however, that those who shall be exempt under this subsection from the terms of this chapter shall nevertheless register with the Village Clerk before doing any of the acts regulated by this chapter and receive from the Village Clerk a permit indicating that they or he have so registered.

§ 171-3. License required

It shall be unlawful for any person within the corporate limits of the village to act as a vendor, hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.

§ 171-4. Application for license; certificate of weights and measures

A. Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form furnished by the village and shall file at the same time satisfactory proof of good character. Such application shall give:

(1) The number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired.

(2) The kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform.

(3) The method of distribution.

(4) The name, address and age of the applicant.

(5) The name and address of the person, firm or corporation he represents.

(6) The length of time for which the applicant desires the license.

(7) Such other information as may be required by the Village Clerk.

B. If applicable, such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.

§ 171-5. Bond

A. An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the Village of Ilion, New York, approved as to form and surety by the Village Attorney, in the penal sum of one thousand dollars ($1,000.) with a sufficient surety or sureties or sufficient collateral security, conditioned for making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order be refunded.

B. Any person aggrieved by the action of any licensed solicitor shall have a right by action on the bond for the recovery of money or damages, or both.

C. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the Village of Ilion, New York, for a period of ninety (90) days after the expiration of any such license, unless sooner released by the Board of Trustees of the Village of Ilion, New York.

§ 171-6. License issuance or refusal

A. Upon the filing of the application, bond and certificate as provided in the preceding sections, the licensing officer shall, upon his approval of such application, issue to the applicant a license as provided in § 171-3 signed by him.

B. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.

§ 171-7. Assign ability of license

A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this chapter.

§ 171-8. Loss or destruction of license

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 and bond may be issued by the licensing officer upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.

§ 171-9. Record and content of license

All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly:

A. The kind of vehicle to be used.

B. The kind of goods, wares and merchandise to be sold or service to be rendered.

C. The number of the license.

D. The dates of issuance and expiration of the license.

E. The fee paid.

F. The name and address of the licensee.

§ 171-10. Expiration of license

Such licenses shall automatically expire on January 1, following the date of issuance of such licenses, but such licenses may specifically state and provide for an earlier expiration date.

§ 171-11. Reapplication for license after refusal or revocation

No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.

§ 171-12. Exhibition of license

Every licensee while exercising his license shall carry the license with him and shall exhibit the same, upon demand, to any police officer of the village.

§ 171-13. License fees

A. License fees shall be charged for such periods of time as determined by resolution of the Village Board

B. An additional fee as determined by resolution of the Village Board shall be charged for each additional vehicle used.

§ 171-14. Employment by licensee

Any licensee may employ two (2) persons, and no more, to assist the licensee in selling and delivering merchandise. Nothing contained herein, however, shall be construed to prohibit the licensing of additional persons under the employ of one (1) person or firm.

§ 171-15. Suspension or revocation of license

The licensing officer may, at any time, suspend any license until the next meeting of the Board of Trustees, and thereupon said license may be revoked or continued by the Board. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served upon the person named in the application or by mailing the same by registered mail to the address given in the application and upon filing a copy of such notice with the Chief of Police.

§ 171-16. Permits for exempted persons and organizations

A. Nonprofit organizations and persons working for such organizations who are exempt under the licensing provisions of this chapter shall file with the Village Clerk a written application upon a blank form furnished by the village, stating:

(1) The kind of goods, wares and merchandise desired to be sold.

(2) The method of distribution.

(3) The name, address and type of organization and also the name and address of all persons working for such organization.

(4) Such other and additional information as the Village Clerk deems necessary.

B. Upon the filing of said application, the licensing officer, upon his approval of such application, shall issue without charge or fee to the applicant a permit to vend, sell or dispose of goods, wares and merchandise in any public street or public place or going from house to house or place of business to place of business on foot or on or from any motor or other vehicle, said permit to expire on January 1 following the date of issuance, which said permit shall be signed by said licensing officer; and no permit shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare and except also that it appears that the applicant is not entitled to said permit.

§ 171-17. Reapplication for permit after refusal or revocation

No applicant to whom a permit has been refused or who has had a permit revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or revocation.

§ 171-18. Suspension or revocation of permit

The licensing officer may suspend any such permit until the next meeting of the Board of Trustees, and thereupon said permit may be revoked or continued by the Board. Notice of such revocation and the reason or reasons therefor, in writing, shall be served upon the organization or person named in said permit or by mailing the same by registered mail to the address given in the application for such permit and upon filing a copy of such notice with the Chief of Police. Every organization and person having such a permit shall exhibit the same, upon demand, to any police officer of the village.

§ 171-19. Activities regulated

A licensed hawker, peddler or solicitor or one who has a permit issued pursuant to § 171-16 shall:

A. Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.

B. Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.

C. Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.

D. Not stand or permit the vehicle used by him to stand in one (1) place in any public place or street for more than ten (10) minutes or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects or within prohibited parking space beyond the time allotted thereto.

E. Not sell any confectionery or ice cream within two hundred fifty (250) feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.

F. Not permit any vehicle used by him to stop or remain on any crosswalk.

G. Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.

§ 171-20. Orders with payment or deposit in advance of delivery

All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one (1) copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.

§ 171-21. Licensing officer

For the purposes of this chapter, the term "licensing officer" shall mean the Mayor or any other village officer so designated, in writing, by the Mayor. Such designation shall be filed with the Village Clerk.

§ 171-22. Records

It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses and permits granted under the provisions of this chapter, giving the number and date of each license and permit, the name and residence of the person licensed or obtaining a permit, the amount of the license fee paid and also the date of revocation of all licenses and permits revoked.

§ 171-23. Penalties for offenses

Any person committing an offense against any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both.