[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 9-22-1987 by L.L. No. 10-1987. Amendments noted
where applicable.]
It shall be unlawful for any person to engage
in the sale of goods, wares, services or contracts or in the collection
of money within the Village of Rye Brook without first having duly
obtained and having in force a license therefor as herein provided.
[Amended 4-27-2004 by L.L. No. 6-2004]
A.
HANDBILL
PEDDLE
SOLICIT
For the purpose of this chapter, the following definitions
shall apply:
Any printed or written matter, any sample or device, or any
other printed or otherwise reproduced original or copies of any matter
or literature, including but not limited to circular, leaflet, pamphlet,
paper, or booklet.
To carry or transport goods, wares, merchandise or personal
property of any nature and offering the same for commercial sale.
This includes any person who solicits orders as part of a commercial
enterprise and as a separate transaction makes deliveries to purchasers.
To request contribution of funds or anything of value, or
sell goods or services, or to distribute handbills in connection with
a commercial enterprise or in connection with political, educational,
charitable, religious or other noncommercial purposes.
B.
Nothing in this chapter shall be deemed to apply to
any person acting as a dealer in milk, bakery products, heating fuel
or newspapers.
C.
A license shall not be required but compliance with the restrictions set forth below in § 174-5A shall be required of the following:
D.
A license shall not be required and the restrictions contained in § 174-5 shall not apply:
(1)
For any holder of a license granted pursuant to § 32
of the General Business Law.
(2)
For the soliciting of orders, or peddling, vending
or the offering for sale of meats, fish, fruit or farm products by
farmers or other persons who produce the same.
(3)
For any honorably discharged member of the armed forces
who is disabled as the result of an injury received while in the naval
or military service of the United States.
(4)
For any holder of a license granted pursuant to § 35
of the General Business Law.
(5)
For the solicitation of orders or peddling, vending
or offering for sale insurance, which activities are regulated by
New York State Insurance Law.
A.
Any person desiring a license, as herein provided,
shall file with the Village Clerk a written application therefor,
duly verified by the applicant upon blank forms provided by the Village
Clerk. A license may be taken out only by an individual and not in
the name of a firm, corporation, association, club or other group.
Such application shall include, but not be limited to, the following
information:
(1)
The name, address, date of birth, social security
number and motorist identification number of said person, and the
name of any corporation, firm, association, club, partnership or other
organization involved.
(2)
A description of the type of goods, wares and/or merchandise
that the applicant wishes to sell or solicit orders for.
(3)
A description of the vehicle that the applicant wishes
to use in carrying out his/her business or occupation.
(4)
The owner of the vehicle and registration details
thereof.
(5)
The County Health Department permit number, if a food
vendor.
(6)
If peddling or soliciting for a corporation, the date
of incorporation, state in which it is incorporated and name, address,
date of birth and social security number of all officers.
(7)
Whether applicant has ever been convicted of a crime
and, if so, under what name, with a listing of such convictions, including
crime, jurisdiction, date and sentence imposed.
B.
Such application shall also be accompanied by three
photographs, two by two inches in size, taken within 30 days prior
to the date of filing of the application, full face on white background.
C.
Each person seeking a license shall submit a set of
fingerprints on a form approved by the Rye Brook Police Department.
A.
The Village Clerk, with such assistance from the Police
Department as may be reasonably necessary, shall investigate all applications
and shall, thereafter, issue or deny said license to the applicant.
B.
The Village Clerk shall refuse issuance of a license
to any person who has been convicted of a felony.
C.
The license shall automatically expire on January
1 following the date of its issuance. The date of issuance and expiration
of the license, as well as the purpose for which it has been issued,
shall be set forth on the face thereof.
D.
The license shall be carried on the person of the
licensee at all times while being exercised and shall be exhibited
by the licensee to any person on demand thereof. A picture of the
applicant shall appear on the valid license with the Village Seal
imprinted on same.
E.
The license shall not be transferable or assignable.
In the event that a licensee shall permit any person other than himself/herself
to possess or use such license, such license shall automatically be
revoked, and the licensee shall thereby be guilty of violating this
chapter, and no application for a further license may be made for
a period of one year from the date of revocation.
F.
The license is good only for the purposes stated thereon,
and any change of product being sold or offered for sale, without
written consent from the Village Clerk, shall constitute cause for
revocation of the license, and the licensee shall thereby be guilty
of violating this chapter, and no application for a further license
may be made for a period of one year from the date of revocation.
If a Board of Health or other county permit is required, the sale
of a product not covered by such permit shall be a violation of this
chapter, and no application for a further license may be made for
a period of one year from the date of revocation.
G.
The application fee for such license shall be in an
amount set by resolution of the Board of Trustees. The current License
and Fee Schedule is on file in the Village Clerk's office. In addition,
a check or money order in the amount specified by, and made payable
to, the New York State Division of Criminal Justice Services to cover
the cost of processing the fingerprints shall accompany the license
application.
[Amended 12-15-1992 by L.L. No. 2-1992]
H.
An applicant who has had a license denied or revoked
by the Village Clerk may appeal to the Board of Trustees in writing.
The Board of Trustees will thereafter hold a public hearing to review
the determination of the Village Clerk.
[Amended 4-27-2004 by L.L. No. 6-2004]
A.
Peddlers or solicitors, whether licensed or unlicensed,
shall provide to the Village Clerk prior to engaging in peddling or
soliciting, their name(s); affiliation; dates and times of peddling
and soliciting; and make, model and license plate number of all vehicles
to be used during peddling and soliciting, and shall not:
[Amended 10-17-2012 by L.L. No. 8-2012]
(1)
Enter upon private or public property for the purpose
of soliciting or peddling for a commercial enterprise before the hour
of 9:00 a.m. or after the hour of 7:00 p.m. on any day, except upon
the express invitation of the householder or occupant. In the case
of motor vehicles selling food, the hours of operation shall be extended
to 9:30 p.m., June 1 through September 15.
(2)
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his/her
business or offer for sale any provision, food or merchandise that
is unwholesome, unfit or otherwise harmful to the user or consumer
thereof.
(3)
Stand or remain, or permit any vehicle used in such
business to stand or remain, for more than 10 consecutive minutes
on the same street or place or for more than 15 minutes of any hour
on any public place or street.
(5)
Peddle or solicit on private or public property which
has displayed a sign bearing the words "No Peddling or Soliciting"
or words of like intent; nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested said licensee's
departure therefrom.
(7)
Create, erect or maintain any booth or stand, or place
any barrels, boxes, crates or other obstruction upon any street or
public or private property for the selling of, or exposing for sale,
any goods, wares or merchandise.
(8)
Have any exclusive right to location in the public
street; nor shall any peddler or solicitor be permitted a stationary
location for more than 10 minutes nor be permitted to operate in a
congested area where such operation might impede or inconvenience
the public. For the purpose of this chapter, the judgment of any police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or inconvenienced.
(9)
Cry his or her wares or make use of bells, whistles
or other noise, except that an ice cream vendor's bell may be rung.
B.
A license granted pursuant to this chapter shall include
the right to use only one vehicle or conveyance in carrying out the
business for which the person is licensed.
C.
A license granted pursuant to this chapter shall not
be construed so as to supersede any applicable ordinances.
D.
All orders taken by a licensed solicitor or peddler
for which he or she demands, accepts or receives payment or deposit
of money in advance of final delivery shall be in writing, in duplicate,
stating the terms thereof and said amount paid in advance, and one
copy shall be given to the purchaser at the time the deposit of money
is paid to the solicitor or peddler. Such orders can be taken only
in compliance with applicable state and federal laws and Federal Trade
Commission rulings, and nothing herein shall be taken to waive such
restrictions.
Licenses issued under the provisions of this
chapter may be revoked by the Village Clerk of the Village of Rye
Brook for cause, after written notice, including but not limited to
the following:
A.
Fraud, misrepresentation or false statements in the
application for the license.
B.
Fraud, misrepresentation or false statements in the
course of carrying out the applicant's trade, business or occupation.
C.
Any violation of this chapter.
D.
Conviction of any felony.
E.
Conducting the licensed business, trade or occupation
in an unlawful manner or in such a way as to breach the peace or to
constitute a menace to the health, safety or welfare of the public.
The Village Clerk shall keep an accurate record
of all licenses issued under this chapter.
[Amended 12-15-1992 by L.L. No. 2-1992; 8-26-2003 by L.L. No. 13-2003]
Provided that such application is made before
the prior license has expired, a license issued under the terms of
this chapter may be renewed by the Village Clerk for a fee in an amount
set by resolution of the Board of Trustees. The current License and
Fee Schedule is on file in the Village Clerk's office.
[Amended 12-15-1992 by L.L. No. 2-1992]
[Added 10-17-2012 by L.L. No. 8-2012]
A.
Any owner
or occupant of residential property located in the Village who wishes
to prohibit soliciting and peddling on the premises shall complete
a form available in the Village Clerk's office and on the Village's
website. The completion of the form will allow the owner/occupant's
premises to be included on a list of properties that do not permit
solicitation or peddling (herein referred to as the "do-not-knock
registry" or "registry").
B.
In order
to be removed from the registry, the owner and/or occupant must complete
a form indicating that he/she does not want his/her property to be
included on the registry.
C.
Any owner
and/or occupant who has requested enlistment on the do-not-knock registry,
pursuant to this chapter, shall be able to purchase from the Village,
for a nominal fee, a sticker or sign for display indicating enlistment
on the do-not-knock registry.
D.
All solicitors
and peddlers shall obtain the current do-not-knock registry at the
time of issuance of a permit or at the time of registration to solicit
pursuant to the provisions of this chapter.
E.
Solicitors
and peddlers shall not solicit or peddle at any premises identified
on the then current do-not-knock registry.
F.
It shall
be the responsibility of the solicitor and peddler to check each residence
for the presence of such signage and to obtain updated copies of the
registry.
G.
Solicitation
in connection with political, educational, charitable, religious or
other noncommercial purposes shall not be subject to the provisions
of this section regarding the do-not-knock registry.
