[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill 1-6-1976 as Ch. 45 of the 1976 Code; amended in its entirety 11-10-1999 by L.L. No.
3-1999. Subsequent amendments noted where applicable.]
A.
License required. No person shall, within the Village
of Flower Hill, pursue or exercise any trade or occupation hereinafter
set forth or conduct or maintain any business, place or thing hereinafter
mentioned or do any act or thing herein specified without first obtaining
a license therefor.[1]
B.
Issuance, revocation. All licenses granted pursuant
to any section of this chapter shall be issued by the Mayor only to
such persons as he shall deem fit and proper, and no license shall
be granted which shall, in the judgment of the Mayor, and not inconsistent
with existing law, be likely to be prejudicial to the preservation
of peace and good order, to the safety and health of the inhabitants
of the Village, the protection of their property, the suppression
of vice or the benefit of trade or to be a nuisance or be in violation
of any federal, state or other law, ordinance or regulations. The
provisions, requirements and restrictions hereinafter provided shall
be in addition to all other requirements set forth in any other ordinance
or regulation of this Village or of any federal, state or other law.
The Mayor shall have the authority and retain the right to cancel
and revoke any licenses granted by him prior to the expiration thereof,
with or without notice, for any cause for which such license might
have been refused originally, and to refund such portion of the license
fee as may be suitable and proper.
C.
Reapplication. Any applicant who has been refused
a license by the Mayor or whose license has been revoked or cancelled
by the Mayor may apply to the Board of Trustees at a regular meeting
of the same, which Board of Trustees may grant, refuse or reinstate
said license.
D.
Fees. Every license issued by the Mayor shall be countersigned
by the Clerk or Clerk-Treasurer of the Village of Flower Hill who
shall keep a record thereof and of the amount of the fee paid therefor.
Said Village Clerk or Village Clerk-Treasurer shall collect the fees
for all licenses granted and shall pay the same to the Village Treasurer
or Village Clerk-Treasurer to be applied to the general fund of the
Village.[2]
E.
Term. All licenses granted herein shall be for a period
of one year or less and shall expire on the 31st day of March following
the granting of such licenses unless otherwise specifically provided
and must be renewed on or before the date of expiration. Any license
for a period of less than a year shall be at the same fee as required
for a full year's license unless otherwise specifically provided.
[Amended 11-6-2000 by L.L. No. 3-2000; 4-3-2006 by L.L. No.
2-2006; 9-12-2022 by L.L. No. 11-2022]
A.
CHARITABLE
COMMERCIAL
CORPORATION
HAWKER and PEDDLER
NONCOMMERCIAL
PERSON
SOLICITATION
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(e)
SOLICITOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The purpose of an organization which has received a letter
of determination approving tax-exempt status under Title 26 of the
United States Code, § 501(c)(3), or the purpose of a school
club, recognized and affiliated with a public or private school, having
a program with annual campaigns to support the public or private school
club.
The purpose of solicitation is related to the taking or attempting
to take orders for, or the selling or making immediate delivery of,
any goods, wares, merchandise, personal property, anything of value,
or services of any kind or description for future delivery or for
services to be performed in the future, either in person or by distributing
flyers and leaflets and does not constitute noncommercial solicitation,
as defined in this section.
The meaning consistent with the New York State Business Corporation
Law and the New York State Not-for-Profit Corporation Law.
Any person, either principal or agent, who engages in any
solicitation other than noncommercial solicitation.
The purpose of solicitation that is charitable, as defined
in this section, religious or political.
Any individual, corporation, firm, partnership, joint venture,
association, social club, league, fraternal organization, society,
joint-stock company, estate, trust, business trust, receiver, trustee,
syndicate or any other group acting as a unit.
The act of any person, whether a resident of the Village of
Flower Hill or not, traveling by foot, vehicle or any other type of
conveyance who goes from house to house, from place to place or in
or along any highway, street or sidewalk within the Village of Flower
Hill either:
Requesting, soliciting, hawking, or peddling, either directly
or indirectly, money, credit, funds, contributions, personal property
or anything of value;
Taking, soliciting, hawking, or peddling, or attempting to take
orders for the sale of any goods, wares, merchandise, personal property,
anything of value, or services of any kind or description for future
delivery or for services to be performed in the future, either in
person or by distributing flyers and leaflets; or
Selling, soliciting, hawking, peddling, or making immediate
delivery of any goods, wares, merchandise, personal property, anything
of value, or services of any kind or description, commonly referred
to as "peddling."
Solicitation shall not include the following, so long as the
person is not requesting, either directly or indirectly, money, credit,
funds, contributions, personal property or anything of value:
A person communicating or otherwise conveying ideas, views or
beliefs or otherwise disseminating oral or written information to
a person willing to directly receive such information, provided that
such information is of a political, religious, educational, or charitable
nature;
A person seeking to influence the personal belief of the occupant
of any residence or business in regard to any political or religious
matter;
A person seeking to obtain, from an occupant of any residence
or business, an indication of the occupant's belief in regard
to any political or religious matter;
A person conducting a poll, survey or petition drive in regard
to any political matter; and
A person carrying, conveying, delivering or transporting dairy
products, newspapers, periodicals, books or similar printed material,
or other goods to regular customers on established routes or to the
premises of any person who had previously ordered such products, goods
or services and is entitled to receive the same.
Any person, whether a resident of the Village of Flower Hill
or not, engaged in solicitation.
B.
License required. Except as may be otherwise provided herein, it
shall be unlawful for any person, or its agents or representatives,
to engage in commercial solicitation without a license previously
issued pursuant to this section.
C.
Application for license. Application for a license as provided in
this section shall be in writing and addressed to the Administrator
of the Village of Flower Hill, and shall contain the following information:
(1)
Names and business addresses of the person that is seeking a license
pursuant to this section. If the applicant is not a natural person,
then the applicant shall provide the names and business addresses
of the directors (or similar) of the organization, firm, society,
association, company or corporation.
(2)
Address for service of process, within New York State.
(3)
Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
planned solicitation.
(4)
Legal and tax status of any person applying for a license pursuant
to this section.
(5)
The name, address, date of birth, social security number (or similar),
personal photograph(s) and complete driver's license information
(or similar identification) of the person or persons who shall be
conducting the solicitation.
(6)
A brief description of the nature of the business and the goods to
be sold or services to be performed.
(7)
If a vehicle or vehicles are to be used in the solicitation, a description
of same, including year, make and model, together with a license plate
number, vehicle registration information and liability insurance information
or other satisfactory means of identification.
(8)
Such other relevant information as the Board of Trustees may reasonably
require.
D.
License fee. All applications must be accompanied by a nonrefundable
processing fee of $25 payable to the Administrator, Village of Flower
Hill. Upon approval of the license, an annual fee of $250 for commercial
solicitations for each solicitation period, from the issuance of the
license to its termination, shall be paid to the Village of Flower
Hill. The annual application fee shall authorize one individual commercial
hawker or peddler to operate within said Village. Applicants shall
pay an additional sum of $50 for each additional individual hawker
or peddler intended to solicit within said Village.
E.
Expiration of license. All licenses granted pursuant to this section
shall expire one year from date of issuance following the granting
thereof, unless sooner suspended or revoked. All such licenses may
be suspended, for good cause, and are revocable, as provided for in
this section.
F.
Approval of application.
(1)
Upon receiving such application, the Village Administrator shall
present the same to the Board of Trustees at its next regular meeting,
but not later than 20 business days from the date upon which the application
is filed. The Board of Trustees shall approve the application of all
bona fide applicants who have complied with the above provisions.
The Board of Trustees may deny the application for any of the following
reasons:
(a)
The applicant provided false information on the application.
(b)
The individual listed or employed by the applicant has been
convicted of a felony, misdemeanor or ordinance violation involving
a sex offense, trafficking in controlled substances or any violent
act against persons or property.
(c)
The applicant is a person against whom a judgment or administrative
agency determination has been entered or a conviction obtained within
the five years immediately preceding the date of the application,
which is based upon fraud, deceit or misrepresentation.
(d)
The solicitation involves the sale of illegal substances or
services.
(e)
The applicant does not possess any applicable licenses required
by the laws of the United States, the State of New York, the County
of Nassau, the Town of North Hempstead, and/or the Village of Flower
Hill for such solicitation.
(f)
A determination by the Board of Trustees that the location and
time of the activities described in the application would endanger
the safety and welfare of the applicant or potential customers.
(g)
No license shall be granted, and no license shall be effective,
pursuant to this section, until the applicant has presented a surety
bond with a surety company reasonably approved by the Village of Flower
Hill, in the amount of $1,000.
(2)
Upon approval of the application by the Board of Trustees, the Village
Administrator shall provide written notice to the applicant's
address set forth within the application within seven days of the
approval. If the Board of Trustees denies the application, the Village
Administrator shall provide written notice of the denial to the applicant's
address set forth within the application, which shall include the
reason(s) for denial, within 14 days.
G.
Restrictions. Any license approval granted by the Board of Trustees
is subject to the following restrictions:
(1)
All solicitation must be conducted on weekdays and Saturdays only
between the hours of 10:00 a.m. and either 3:00 p.m. or 30 minutes
after sunset, whichever is earlier.
(2)
Any solicitor licensed under this section shall not have more than
five individuals engaged in the solicitation at any one time.
(3)
All solicitors shall obtain and maintain the current do-not-knock
registry, established pursuant to this section, at the time of issuance
of license and, thereafter, not less frequently than quarterly, for
the duration of the license to conduct solicitation pursuant to the
provisions of this section.
(4)
Solicitation is expressly prohibited with respect to owners and occupants
who have made an appropriate filing with the do-not-knock registry,
as described in this section.
H.
Do-not-knock registry.
(1)
Any owner or occupant of residential property located in the Village
who wishes to prohibit solicitation on the premises owned or occupied
by such person may complete a form available in the Village Administrator's
office or on the Village's website, setting forth the common
street address of such premises. Upon completion of the form, Village
Hall includes the owner's/occupant's premises on a list
of properties that do not permit solicitation (herein referred to
as the "do-not-knock registry" or "registry").
(2)
In order to be removed from the registry, the owner and/or occupant
must complete a form deleting the premises from the registry.
(3)
The Board of Trustees shall, at its sole discretion, periodically
provide all solicitors with an updated do-not-knock registry.
(4)
Solicitors shall not conduct any solicitations at any premises identified
on the then-current do-not-knock registry.
(5)
It shall be the sole responsibility of the solicitor to abide by
updated versions of the registry.
I.
Identification cards. All solicitors shall, at all times during such
solicitation, carry an identification card issued by the person licensed
to conduct the solicitation. Each identification card shall be prominently
displayed on the outer garment, and shall plainly show the name of
the individual who is soliciting, his or her photograph, and the person
on whose behalf such solicitation is being made.
J.
Suspension and revocation of license.
(1)
Any and all licenses that may be granted by the Board of Trustees
pursuant to any part of this section may, for good cause, be suspended
by the Mayor, and the giving of written notice by the Village Administrator,
for any of the following causes:
(a)
The licensee violates any provision of this section, including, but not limited to, Subsection H, Do-not-knock registry.
(b)
Fraud, misrepresentation or a false statement contained in the
application for a license.
(c)
Violation of any of the restrictions imposed on the issuance
of such license or on the conduct of any solicitations so licensed.
(d)
The licensee, or any individual working on behalf of or who
worked on behalf of or with the licensee, is convicted of violating
any federal, state or local law while in the course of operating under
the license.
(e)
The activities for which the license was granted were or are
being conducted in a manner that is detrimental to the public health,
safety, peace or welfare.
(2)
Within 10 days after receipt of written notice of the suspension,
the licensee may file a written objection to the suspension with the
Village Administrator, setting forth fully the grounds for objection.
The Board of Trustees will thereafter hold a hearing, within 30 days
of receipt of a written objection or within 40 days of the suspension
if no written objection is timely made by the licensee, for a hearing
to review the determination by the Mayor and to decide whether to
implement a full revocation of the license or to reinstate the license.
The Village Administrator shall send notice of such hearing to the
licensee's address set forth in the application at least three
days prior to the date set for the hearing, which the licensee shall
be permitted to attend. The Board of Trustees shall consider any objection
to the proposed revocation, whether by written objection pursuant
to this provision or made in person at said hearing.
(3)
If the Board of Trustees decides to implement a revocation, then
the Village Administrator shall provide written notice of the revocation
to the licensee, which shall include the reason(s) for revocation,
within three days of the hearing. If the Board of Trustees determines
not to implement a revocation, and determines to reinstate the license,
the Village Administrator shall provide written notice to the licensee
within three days of the hearing. When a license has been revoked,
no other license shall be issued under the provisions of this section
to the same applicant within six months of the date of revocation.
K.
Exemptions. This section shall not apply to persons for whom exemption
is made by any special provision of law from any of the provisions
of this section, provided they are engaged in noncommercial solicitation.
This section shall also not apply to any duly organized religious
corporation, lodge, benevolent or fraternal order, political organization;
nor to a local community group or organization such as the fire district,
Boy Scouts, Girl Scouts, or other such youth organization, or to any
political party or candidate.
L.
Penalties for offenses. Any person, firm or corporation who or which shall violate any of the provisions of this section shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, and as otherwise provided herein. Each day of continuance of an offense shall be considered a separate offense.
A.
No person shall engage in the business of conducting
a restaurant, hotel or inn, or sell soft drinks, refreshments and
beverages of any kind in the Village of Flower Hill without first
obtaining a license therefor from the Mayor of the Village.
B.
The license fee for conducting a restaurant, hotel, inn, lunch counter or similar establishment or for selling soft drinks, refreshments or beverages of any kind is hereby fixed in the sum set forth in Chapter A243, Fees, Charges and Deposits.
C.
All food
establishments must certify that they are vermin, rodent and pest
free by certification of a licensed pest management professional upon
the annual renewal of their license.
[Added 5-2-2022 by L.L. No. 4-2022]
[Amended 6-4-2001 by L.L. No. 6-2001]
A.
All landscaping and/or tree-removal businesses shall be required to be licensed annually by the Village, and to display a sticker to be issued by the Village upon the payment of the annual licensing fees upon each and every motor vehicle used within the Village. The fees for said licenses shall be as set forth in Chapter A243, Fees, Charges and Deposits.
B.
The failure to display a current sticker on a motor
vehicle operated by a landscaping and/or tree-removal business within
the Village shall be a violation of this chapter.
[Added 10-4-2004 by L.L. No. 19-2004[1]
A "security service" is a company or individual
who, for a fee or otherwise, by foot, motor vehicle or otherwise,
provides personnel who monitor, patrol and report in an attempt to
keep private property safe from intrusion, vandalism, hazards, trespass
and other violations or crimes of a like kind by unauthorized persons.
A central station alarm company shall not be deemed a security service
within the meaning of this provision.
A.
All security services are required to be licensed by the Village. The fee for said license shall be as set forth in Chapter A243, Fees, Charges and Deposits.
B.
A schedule shall be deposited by the security service
with the Village setting forth the routes and times that the service
shall be in operation in the Village, together with the name, address
and telephone number of each and every person who shall engage in
rendering the service in the Village, either on foot or by motor vehicle,
together with a certified copy of the record of conviction of any
crime previously committed by such person.
C.
If motor vehicles are used by the security service,
the make, model, license plate number and a description of each and
every vehicle employed by the service in the Village shall be provided
to the Village.
D.
The name, address and telephone number of the owner,
tenant or person in possession of each and every home serviced by
the security service shall be provided to the Village.
E.
Each and every owner, tenant and person in possession
who shall have contracted or otherwise engaged a security service
shall be responsible for compliance with this section.
F.
Every security service shall deposit with the Village
such documentation as will certify that the service is licensed by
the State of New York, together with satisfactory proof that the service
is fully bonded.
