§ 32 — Licenses to veterans of the armed forces of the United States

New York § 32

• Jurisdiction: New York
• Law GBS: General Business
• Art. 4: Peddlers

Text

§ 32. Licenses to veterans of the armed forces of the United States.\n1. Every member of the armed forces of the United States who (a) was\nhonorably discharged from such service, or (b) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (c) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, and who is a\nresident of this state and a veteran of any war, or who shall have\nserved in the armed forces of the United States overseas, and the\nsurviving spouse of any such veteran, if a resident of the state, shall\nhave the right to hawk, peddle, vend and sell goods, wares or\nmerchandise or solicit trade upon the streets and highways within the\ncounty of his or her residence, as the case may be, or if such county is\nembraced wholly by a city, within such city, by procuring a license for\nthat purpose to be issued as herein provided. No part of the lands or\npremises under the jurisdiction of the division of the state fair in the\ndepartment of agriculture and markets, shall be deemed a street or\nhighway within the meaning of this section.\n 2. Any such former member of the armed forces of the United States may\npresent to the clerk of any county in which he has resided for a period\nof at least six months, his original certificate of release or discharge\nfrom active duty, or a copy thereof duly certified by the recording\nofficer or a certificate in lieu of lost discharge issued by a\ndepartment of the armed forces of the United States which shall show\nthat the person presenting it is a veteran of any war, or that he has\nserved overseas in the armed forces of the United States. He shall also\nfill out a blank which shall when filled out state his name, residence\nat the time of application, nature of goods to be sold, and if the\napplicant is working on commission or percentage for any person, firm or\ncorporation, the name and business address of such person, firm or\ncorporation. This statement shall be signed by the applicant in the\npresence of the county clerk, or a deputy designated by him, and the\nname on this application and on the original certificate of release or\ndischarge from active duty shall be compared by the county clerk to\nascertain if the person so applying is the same person named in the\noriginal certificate of release or discharge from active duty. Such\ncounty clerk when so satisfied shall issue, without cost, to such former\nmember of the armed forces of the United States, a license certifying\nhim to be entitled to the benefits of this section.\n 3. A copy of this statement shall be attached to the license granted\nby the county clerk and shall remain attached thereto. On presentation\nto such clerk of the affidavit of such surviving spouse and two other\nresidents of the county, that he or she is such surviving spouse,\naccompanied by such original certificate of release or discharge from\nactive duty of his or her deceased spouse, and the filing of the\nstatement hereinabove required, such county clerk shall issue, without\ncost to the surviving spouse, a license certifying the surviving spouse\nto be entitled to the benefits of this section.\n 4. The license provided for by this section shall be used and valid\nonly for use in the county in which it was issued, except that if issued\nin a county embraced wholly by a city, it may be used within such city.\n 5. The application for the license herein provided shall be\naccompanied by a photograph of the applicant taken within thirty days\nprior to such application and upon the issuance of such license shall be\nattached thereto.\n 6. A license issued without cost, under the provisions of this\nsection, shall be personal to the licensee and any assignment or\ntransfer thereof shall be absolutely void. Upon satisfactory proof by\naffidavit of the loss or destruction of any license issued as herein\nprovided, the county clerk shall issue a duplicate license for the one\nso lost or destroyed and in which event the word "duplicate" shall be\nlegibly written in ink across the face thereof.\n 7. A person assigning or transferring, or attempting to assign or\ntransfer any such license or using or attempting to use such license\ncontrary to the provisions of this section shall be guilty of a\nmisdemeanor.\n 8. Any provisions of this section to the contrary notwithstanding, any\ncity, village or town may, by local law or ordinance, require a person\nholding a license issued pursuant to the provisions of this section by\nthe clerk of the county in which such city, village or town is located,\nto file a further application with such official of the city, village or\ntown as is designated in such local law or ordinance, for the issuance\nof a local license and may prescribe the terms and conditions under\nwhich such local license may be issued and may prohibit the right to\nhawk, peddle, vend and sell goods, wares or merchandise or solicit trade\nupon the streets and highways within any such city, village or town\nunder the provisions of this section unless such local license has been\nissued.\n