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This entry was published on 2020-11-13
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SECTION 32
Licenses to veterans of the armed forces of the United States
General Business (GBS) CHAPTER 20, ARTICLE 4
§ 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 three hundred fifty of the executive
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 three hundred fifty of the executive 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.