Village of Nassau, NY Chapter 85 Peddling and Soliciting

[HISTORY: Adopted by the Board of Trustees of the Village of Nassau during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]

§ 85-1 Legislative intent.

The licensing and regulation of persons engaged in peddling, vending, hawking and soliciting is required so that the identity of persons going from door to door is known and established, to avoid traffic congestion in and about certain areas of the village and for the protection and maintenance of the health, safety and welfare of the inhabitants of the village.

§ 85-2 Definitions.

As used in this chapter, the following words shall have the meanings indicated:

MERCHANDISE

All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers, hawkers, solicitors or vendors as used herein.

PEDDLER

Any person, whether a resident of the village or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "vendor."

PERSON

Any individual, firm, partnership, corporation, organization, activity, society, club or association or any principal or agent thereof.

SOLICITOR

A. Any person, whether a resident of the village or not, who goes from door to door, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind of future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place.

B. Any person who goes from door to door, as described above, for the purpose of soliciting and/or collecting funds or from a stationary location on any street or other public place.

C. Includes the word "canvasser."

§ 85-3 License required; fees.

It shall be unlawful for any peddler or solicitor to sell, offer for sale or distribute merchandise or services within the Village of Nassau without first applying for and obtaining a license from the Clerk of the Village of Nassau. The cost of such license shall be determined by resolution adopted by the Board of Trustees.

§ 85-4 Application procedure.

A. Every applicant for a license shall submit to the Village Clerk a written verified application containing the following information:

(1) The name of the applicant, permanent home residence and address of his current place of sojourn if different from the home address.

(2) The names and addresses of all entities where products he intends to sell or for which he intends to solicit orders.

(3) The length of time for which the license is desired.

(4) If a vehicle is to be used, a description of such vehicle and its license number.

(5) A description of the merchandise or services to be offered for sale.

B. To the application must be appended a letter of authorization from the firm which the applicant claims to represent.

C. If the applicant has one (1) or more employees who will work in the village, the same information required above must be supplied as to each employee.

§ 85-5 Issuance, nontransferability and possession of license.

Upon receipt of the application and upon compliance with all of the requirements of this chapter, the Village Clerk shall issue a license to the applicant. This license shall be nontransferable. It shall be in the continuous possession of the licensee while engaged in the business licensed.

§ 85-6 Exemptions from license and/or fee requirements.

A. Any person possessing a peddler's license issued in conformity with § 32 of the General Business Law of the State of New York shall be exempt from the payment of a fee but shall be required to obtain a license as set forth herein.

B. The following persons shall be exempt from the payment of a fee as hereinafter provided and from the obtaining of a license hereunder but shall be subject to those provisions of this chapter specifically made applicable to said persons:

(1) A truck farmer or gardener who himself/herself vends, sells or disposes of products of his/her own farm or garden.

(2) Any school, youth activity or nonprofit organization, including churches or religious societies or organizations, political or civic organizations, benevolent societies, youth groups, service clubs or other such nonprofit organizations, provided that the peddling, hawking, soliciting or vending is in the exercise of the legitimate purposes of said organizations, societies, activities or groups and provided further that such persons or the organization, society, activity or group they represent, prior to the commencement of such activity, notify the Village Clerk of their intended peddling, hawking, vending or soliciting and further provided that such activities are carried out in an orderly manner, solely between the hours of 9:00 a.m. and 7:00 p.m., without annoyance or harassment to the persons solicited, vended to, hawked to or peddled to or in any manner or way disturbing the peace or creating or causing a public or private nuisance.

§ 85-7 General regulations.

A. No license issued hereunder shall be exercisable and no person exempted, as set forth in § 85-6, from paying a fee or obtaining a license hereunder shall conduct the activities regulated hereby in or upon any public property, in or on any public school or church premises or within one thousand (1,000) feet of the same or in or upon any street, sidewalk, open lot or premises abutting upon or located within any portion of the village designated on the Zoning Map of the village as General Business District B.

B. No licensee nor person described in § 85-6B(1) and (2) shall:

(1) Peddle, solicit or distribute merchandise, except between the hours of 9:00 a.m. and 7:00 p.m., unless specifically having been invited into a house by the occupant or having made an appointment with a person previously.

(2) Conduct himself/herself in such a manner as to become objectionable to or annoy an occupant of any residence.

(3) Shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device upon any of the streets, parks or public places of the village or upon the private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being heard upon the streets, avenues, parks or other public places of the village or upon the private premises thereof for the purpose of attracting attention to any merchandise or services or to bring attention to himself/herself.

(4) Distribute, peddle or sell obscene merchandise or printed material or that which advocates unlawful conduct.

(5) Litter the streets, public beaches, places or properties within the village with any merchandise or printed material.

C. It shall be unlawful for any licensee or person described in § 85-6B(1) and (2) to ring the bell of, knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "no peddlers," "no solicitors" or "no agents," in letters at least one (1) inch in height.

D. Special licenses.

(1) No licensee or person described in § 85-6B(1) shall conduct any of the activities regulated hereunder from any fixed point or place, but shall constantly be on the move except when stopped or hailed by a prospective purchaser or customer, provided that operations may be permitted, upon special application to and approval of the Village Board of Trustees, by a licensee at a fixed point or place during a fixed period of time assigned by the Board of Trustees at the time of granting of permission to the licensee in, upon or adjacent to any public bathing beach.

(2) The fee for said special license shall be as set by resolution of the Board of Trustees.

(3) The number of licensees permitted to be present at any public bathing beach at any one (1) time shall be two (2) licensees for every two (2) acres of public bathing beach property.

§ 85-8 License suspension or revocation; hearing, notice; determination.

A. Any and all licenses which may be granted by the Village Clerk pursuant to this chapter may, for cause, be suspended by the Mayor until the next regular meeting of the Board. Thereafter, the license may be revoked by the Board after notice and hearing for any of the following causes:

(1) Fraud, misrepresentation or false statement contained in the application for a license.

(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed business.

(3) Any violation of this chapter.

(4) Conviction of any crime or misdemeanor involving moral turpitude.

(5) Conducting the licensed business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of the hearing for revocation of a license shall be given in writing by mail to the licensee at his last known address at least five (5) days prior to the date set for the hearing. The licensee shall be given an opportunity to be heard. A continuation of operation following suspension shall constitute, for each day of such continuance, a separate violation of this chapter.

C. The determination of the Village Board of Trustees shall be issued in writing within twenty (20) days of the hearing.

§ 85-9 Appeals.

Any person aggrieved by the action of the Village Clerk in the denial of an application for a license shall have the right to appeal to the Village Board of Trustees. Such appeal shall be taken by filing, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five (5) days prior to the date set for the hearing. The applicant shall be granted an opportunity to be heard. The determination of the Village Board of Trustees shall be issued in writing within twenty (20) days of the date of the hearing.

§ 85-10 Penalties for offenses.

Any person who shall act as a peddler, vendor or solicitor, as herein defined, without a license or who shall violate any of the provisions of this chapter or who shall continue to act as a peddler, vendor, hawker or solicitor subsequent to the revocation of his license shall be guilty of an offense and punishable by a fine of not more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both. Each day on which such violation continues shall constitute a separate offense.