It shall be unlawful for any person to act as
a hawker, peddler or solicitor as herein defined within the corporate
limits of the City, without first having in full force and effect
a license therefor.
A.
Required information. Any person desiring to procure
a license as herein provided shall file with the Glen Cove Police
Department a written application upon a blank form prepared by the
Glen Cove Police Department and furnished by the City, and shall file
at the same time satisfactory proof of good character.
[Amended 3-26-1991; 8-24-2004]
(1)
Such application shall state:
(a)
The number and kind of vehicles to be used by
the applicant in carrying on the business for which the license is
desired.
(b)
The kind of goods, wares and merchandise he
or she desires to sell or the kind of service he or she desires to
perform.
(c)
The method of distribution.
(d)
The name, address and age of the applicant(s),
not to exceed 20.
(e)
The name and address of the person, firm or
corporation he or she represents.
(f)
The length of time the applicant desires the
license, not to exceed 30 days.
(g)
A statement as to whether or not the applicant
has ever been convicted of any crime, misdemeanor or violation of
any municipal ordinance or local law, the nature of the offense and
the punishment or penalty assessed therefor.
(2)
Application must be filed one month prior to the actual
date when the badges will be needed.
B.
Photographs. Four photographs of the applicant, taken
not more than 30 days prior to the date of filing of the application,
which pictures shall be two inches by two inches, showing the head
and shoulders of the applicant in a clear and distinguishing manner
shall accompany the application.
C.
Additional information. Such other information as
may be required by the Glen Cove Police Department to clarify any
of the above statements shall accompany such application. If applicable,
such application shall also be accompanied by a certificate issued
by the Director of Weights and Measures certifying that applicant's
scales or measures have been examined and approved. If the party applying
for a license is a company, the applicant shall, as part of the application,
give the name, address and title of an officer of the company upon
whom process or other legal notice may be served; and if for a vehicle,
its license number or other means of identification shall be given.
[Amended 8-24-2004]
D.
Bond.
(1)
An application for a license shall be accompanied
by a bond in the penal sum of $1,000, which bond shall be approved
as to form and surety by the City Attorney. Such bond shall be conditioned
for the due observance of any and all ordinances and local laws of
the City, and the laws of the State of New York relative to hawking,
peddling and soliciting. In the case of solicitors who demand, accept
or receive payments or deposits of money in advance of final delivery,
such bond shall be in the sum of $1,000 and shall be further conditioned
for making final delivery of the goods, wares or merchandise ordered
or service to be performed in the terms of such order, or failing
therein that the advance payment be refunded. Any person aggrieved
by the action of any such licensed solicitor shall have a right of
action on the bond for the recovery of money or damages or both.
[Amended 4-9-2002]
(2)
Where an application is made by a company which expects
to have four or more peddlers, hawkers or solicitors licensed pursuant
to the rules and regulations of this chapter, then and in that event
only said company shall provide a bond in the amount stated above
providing for the coverage stated above for each of its employees,
agents or servants so licensed and providing that in no case the coverage
required to be furnished by the bond shall, in any way, be limited
or reduced in any fashion whatsoever for the purposes of this chapter.
A.
Authority of issuing officer. Upon the filing of the application and certificate as provided in § 208-5, the Glen Cove Police Department shall, upon its approval of such application, issue to the applicant a license as provided in § 208-4, signed by the Glen Cove Police Department. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. Before issuing a license, the Glen Cove Police Department shall refer the application to the Chief of Police for investigation and report.
[Amended 8-24-2004]
B.
Registry of license issued. All licenses shall be
issued from a properly bound book with proper reference stubs kept
for the purpose, numbered in the order in which they are issued and
shall state clearly the kind of vehicle to be used, the kind of goods,
wares and merchandise to be sold or service to be rendered, the number
of his or her badge, the dates of issuance and expiration of the license,
the fee paid and the name and address of the licensee.
C.
Scope of license. Such license shall include the right
to use only one vehicle in carrying on the business for which the
person is licensed.
No license shall be granted to a person under
18 years of age.
A.
Designated. The following fees shall be paid by the
applicant at the time that the application for a license is submitted
to the Glen Cove Police Department:
[Amended 12-27-1994; 8-24-2004]
(1)
For each person or company proposing to peddle or
solicit, whether on foot or from a licensed vehicle, $75 per annum.
[Amended 4-12-2016]
(2)
For each additional person, in addition to the regular
license fee proposed to peddle or solicit whether employed by a company
or self-employed, an additional $50 per annum.
(3)
For each vehicle from which a licensed party proposes
to peddle or solicit, $100 per annum.
[Amended 4-12-2016]
B.
Assessment. The annual fees herein provided shall
be assessed on a calendar year basis, and all licenses shall expire
on the 31st day of December immediately following the date of issuance.
C.
Proration, refund. There shall be no reduction of
fees for parts of a year, and no fee paid shall be returned to the
applicant after proper acceptance of his or her application for license.
A.
Term of license. A license issued hereunder shall
automatically expire on December 31 following the date of its issuance;
but such licenses may specifically state and provide for an earlier
expiration date.
B.
Transferability of license. A license issued hereunder
shall not be assignable. Any holder of such license who permits it
to be used by any other person, and any person who uses such license
granted to any other person, shall each be guilty of a violation of
this chapter.
C.
License to be displayed on demand. Every peddler or
solicitor licensed under this chapter shall have his or her license
in his or her immediate possession at all times when peddling or soliciting,
and shall display the same upon demand of any person.
D.
Duplicate license. Whenever a license or license badge
shall be lost or destroyed without fault on the part of the holder
or his or her agent or employee, a duplicate in lieu thereof under
the original application may be issued by the Glen Cove Police Department
upon the filing with it by the licensee of an affidavit setting forth
the circumstances of the loss and what, if any, search has been made
for its recovery.
[Amended 8-24-2004]
E.
Badges and license plates.
(1)
Badge. To each person licensed under this chapter,
the Glen Cove Police Department shall issue a badge which shall bear
the word "peddler" or "solicitor," the number of the license, and
the calendar year for which the license is issued in figures plainly
discernible and a photograph of the applicant. Such badge shall be
worn constantly by the licensee on his or her outer garment, in such
a way as to be conspicuous during such time as the licensee is plying
his or her trade. A charge of $5 shall be made by the Glen Cove Police
Department for each badge, at the time of application filing, which
sum shall be refunded when the badge is returned by the license. All
requests for refunds, as authorized in this subsection, must be made
within 30 days of license expiration or said fee shall be forfeited
to the City of Glen Cove.
[Amended 3-26-1991; 4-25-1995; 8-24-2004]
(2)
License plate. For each vehicle licensed under this
chapter, the Glen Cove Police Department shall issue a license plate
which shall bear the word "peddler" or "solicitor," the number of
the license and the calendar year for which such license is issued,
in figures plainly discernible. Said license plate shall be attached
to the rear of each vehicle in a conspicuous place, and shall be kept
clear and readable at all times.
(3)
Transferability of license plate or badge. No license
plate or badge issued under the provisions of this chapter shall be
transferred from one person to another person or from one vehicle
to another vehicle, nor shall the badge so issued be used or worn
at any time by any person other than the one to whom it was issued.
A.
Exemption from license fee. Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Nassau County Clerk to hawk, peddle, vend or solicit shall be exempt from payment of the fee of $25 for a license as required by § 208-8.
B.
Issuance of badge, permit. In lieu of a license fee as prescribed in § 208-8, the Glen Cove Police Department upon approval of the veteran's application shall issue a badge and permit to such veteran to ply his or her trade within the City, subject to all other provisions of this chapter, including § 208-5D. A veteran employing one or more motor vehicles for plying his or her trade of hawking, peddling or soliciting shall be required to pay the proper fee therefor, in accordance with § 208-8; provided, however, that such plate shall be issued only if the vehicle is registered in the name of and operated by the veteran. Such permit shall be stamped in ink on the face of the license.
[Amended 8-24-2004]
A.
Grounds for revocation. Licenses issued under the provisions of this chapter may be revoked by the Glen Cove Police Department or a hearing officer designated by it after notice and hearing as provided in § 184-2 of this Code for any of the following:
[Amended 8-24-2004]
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his or her business as peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling or soliciting
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 hearing. Notice of the hearing for the revocation of a license shall be given as provided in § 184-2B of this Code.
C.
Authority of hearing officer. The issuing officer or any hearing officer shall have the powers set forth in § 184-2C.
No applicant to whom a license has been refused
or who has had a license which has been revoked shall make further
application until a period of at least six months shall have elapsed
since the last previous rejection or revocation, unless he or she
can show that the reason for such rejection no longer exists.
