N.Y. General Business Law § 32: Licenses to veterans of the armed forces of the United States

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

1. Every member of the armed forces of the United States who (a) was

honorably discharged from such service, or (b) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (c) is a discharged LGBT veteran, as defined in section

one of the veterans' services law, and has received a discharge other

than bad conduct or dishonorable from such service, and who is a

resident of this state and a veteran of any war, or who shall have

served in the armed forces of the United States overseas, and the

surviving spouse of any such veteran, if a resident of the state, shall

have the right to hawk, peddle, vend and sell goods, wares or

merchandise or solicit trade upon the streets and highways within the

county of his or her residence, as the case may be, or if such county is

embraced wholly by a city, within such city, by procuring a license for

that purpose to be issued as herein provided. No part of the lands or

premises under the jurisdiction of the division of the state fair in the

department of agriculture and markets, shall be deemed a street or

highway within the meaning of this section.

2. Any such former member of the armed forces of the United States may

present to the clerk of any county in which he has resided for a period

of at least six months, his original certificate of release or discharge

from active duty, or a copy thereof duly certified by the recording

officer or a certificate in lieu of lost discharge issued by a

department of the armed forces of the United States which shall show

that the person presenting it is a veteran of any war, or that he has

served overseas in the armed forces of the United States. He shall also

fill out a blank which shall when filled out state his name, residence

at the time of application, nature of goods to be sold, and if the

applicant is working on commission or percentage for any person, firm or

corporation, the name and business address of such person, firm or

corporation. This statement shall be signed by the applicant in the

presence of the county clerk, or a deputy designated by him, and the

name on this application and on the original certificate of release or

discharge from active duty shall be compared by the county clerk to

ascertain if the person so applying is the same person named in the

original certificate of release or discharge from active duty. Such

county clerk when so satisfied shall issue, without cost, to such former

member of the armed forces of the United States, a license certifying

him to be entitled to the benefits of this section.

3. A copy of this statement shall be attached to the license granted

by the county clerk and shall remain attached thereto. On presentation

to such clerk of the affidavit of such surviving spouse and two other

residents of the county, that he or she is such surviving spouse,

accompanied by such original certificate of release or discharge from

active duty of his or her deceased spouse, and the filing of the

statement hereinabove required, such county clerk shall issue, without

cost to the surviving spouse, a license certifying the surviving spouse

to be entitled to the benefits of this section.

4. The license provided for by this section shall be used and valid

only for use in the county in which it was issued, except that if issued

in a county embraced wholly by a city, it may be used within such city.

5. The application for the license herein provided shall be

accompanied by a photograph of the applicant taken within thirty days

prior to such application and upon the issuance of such license shall be

attached thereto.

6. A license issued without cost, under the provisions of this

section, shall be personal to the licensee and any assignment or

transfer thereof shall be absolutely void. Upon satisfactory proof by

affidavit of the loss or destruction of any license issued as herein

provided, the county clerk shall issue a duplicate license for the one

so lost or destroyed and in which event the word "duplicate" shall be

legibly written in ink across the face thereof.

7. A person assigning or transferring, or attempting to assign or

transfer any such license or using or attempting to use such license

contrary to the provisions of this section shall be guilty of a

misdemeanor.

8. Any provisions of this section to the contrary notwithstanding, any

city, village or town may, by local law or ordinance, require a person

holding a license issued pursuant to the provisions of this section by

the clerk of the county in which such city, village or town is located,

to file a further application with such official of the city, village or

town as is designated in such local law or ordinance, for the issuance

of a local license and may prescribe the terms and conditions under

which such local license may be issued and may prohibit the right to

hawk, peddle, vend and sell goods, wares or merchandise or solicit trade

upon the streets and highways within any such city, village or town

under the provisions of this section unless such local license has been

issued.