Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Noise — See Ch. 158.
Parks — See Ch. 170.
Fees — See Ch. A257.

§ 174-1 License required.

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.

§ 174-2 Definitions and exemptions.

[Amended 4-27-2004 by L.L. No. 6-2004]
A. 
For the purpose of this chapter, the following definitions shall apply:
HANDBILL
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.
PEDDLE
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.
SOLICIT
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:
(1) 
Any person soliciting or collecting for any bona fide charitable or religious organization which has been classified as tax exempt by the Internal Revenue Service; and
(2) 
Any person soliciting or collecting for any political or educational noncommercial purpose.
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.

§ 174-3 Application for license.

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.

§ 174-4 Issuance or denial of license; conditions; fee; appeals.

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.

§ 174-5 Restrictions.

[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.
(4) 
Permit any vehicle to stand or remain:
(a) 
Within 100 feet of any intersection.
(b) 
On any crosswalk.
(c) 
Within 300 feet of any school property, commercial establishment, church or synagogue property.
(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.
(6) 
Park a vehicle or cart, from which goods are sold or orders taken, on or adjacent to any of the following streets:
(a) 
King Street.
(b) 
Westchester Avenue.
(c) 
North and South Ridge Street.
(d) 
Bowman Avenue.
(e) 
Lincoln Avenue.
(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.

§ 174-6 License revocation.

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.

§ 174-7 Record of licenses issued.

The Village Clerk shall keep an accurate record of all licenses issued under this chapter.

§ 174-8 Renewal.

[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.

§ 174-9 Penalties for offenses.

[Amended 12-15-1992 by L.L. No. 2-1992]
Any violation of this chapter shall be punishable as provided in § 1-17 of Chapter 1, General Provisions. Each day on which such violation continues shall constitute a separate offense.

§ 174-10 Do-not-knock registry.

[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.