Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 149, PEDDLERS, ARTICLE II, Transient Merchants

Body:

149-18.  Definitions.

 

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

TRANSIENT MERCHANT  -- Any person, partnership or corporation who displays samples, models, goods, wares or merchandise in any outdoors area or in any hotel or motel room, rooming house, store, club, storehouse, house or other indoor place for the purpose of securing orders or completing sales for the retail sale of such goods, wares, or merchandise, and who does not own said premises or is not the holder of a formal lease thereof for a term of not less than one month and for a rental of not less than $250.  

 

149-19.  License required. 

 

A.  No person shall engage in business as a transient merchant unless he shall first have obtained a license to do so from the Village Clerk. The fee for a transient merchant's license shall be as set from time to time by resolution of the Board of Trustees. The license issued by the Village Clerk to the transient merchant must be at all times prominently displayed in a location visible to the public in or about the premises used by the transient merchant in conducting his business. 

B.  Every person to whom a license has been granted hereunder, while exercising his license, shall place the license number and date of issuance in all advertisements placed in newspapers and provide that the number and date of issuance shall be announced in the course of all radio and television commercials placed during such period of time the license is in operation and effect.   

 

149-20.  Application for license.

 

An applicant for a transient merchant's license shall provide the following information: 

A.  Address of his place of residence. 

B.  The firm or firms he represents, together with copies of documents establishing the firm's state or country, form of organization, ownership, and qualifications to do business in this state, and the exact relationship between the firm and the transient merchant. 

C.  A brief description of the nature of the business and the kind of goods or commodities he desires to sell. 

D.  The place where the applicant proposes to sell such merchandise.   

 

149-21.  Bonding. 

 

A.  Before such license is issued by the Village Clerk, the applicant will be required to post a surety bond in an amount of not less than $500 for each transaction made and bonded for and for $25,000 protection in the aggregate for transactions occurring in a license period of 30 days or a portion thereof. Any extension of a license period will require the same bonding before said license is extended and said bond shall be approved as to form and sufficiency by the Village Attorney before such license is issued or extended. 

B.  The condition of such bond shall be that said transient merchant will pay all state and local taxes applicable to his transactions entered into in this municipality; that he will well and truly perform any and all contracts or sales orders for merchandise to be delivered at a future date and accepts payment in part or in full therefor, within a period of four months from the date of said contract, a copy of which contract or sales order with full particulars to be delivered to the purchaser at the time of sale. 

C.  There shall be no forfeiture in respect to the four months' limitation where there is proof that nondelivery was due to strikes or other extraordinary events beyond the control of said transient merchant; however, in such event, the transient merchant upon demand shall promptly return in full the purchaser's deposit; and if he fails to do so, the surety will be required to make restitution under said bond.   

 

149-22.  Report by hotel keeper.

 

The owner, proprietor or manager of any outdoor or indoor place shall report, within six hours after renting the same, to the Village Clerk the name of any person who has rented said outdoor or indoor space for the sale and display of merchandise of a transient merchant, giving the location of the room so rented. 

 

149-23.  Penalties for offenses.

 

Any person violating the provisions of this section shall, upon conviction thereof, be fined not more than $250 for each offense, and every day that a violation of this section shall continue shall constitute a separate and distinct offense. 

 

149-24.  Applicability.

 

This article is not intended to apply to: 

A.  The casual sale of food or fish products or vegetable product; or 

B.  The display of samples, models, goods, wares or merchandise in any outdoors area or in any hotel or motel room, rooming house, store, club, storehouse, house or other indoor place or outdoor space for the purpose of securing orders or completing sales for the retail sale of such goods, wares or merchandise by a person, partnership or corporation, duly formed or operating for not-for-profit, charitable purposes, the proceeds of which retail sales are to be used for charitable purposes.