[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Estates 12-13-2010 by L.L. No. 4-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 109.
Hawking, peddling and advertising in parks — See Ch. 150.
Sale of personal property — See Ch. 170.
Dealers in secondhand articles — See Ch. 178.
[1]
Editor’s Note: This local law also repealed former Ch. 157, Peddling, Soliciting and Canvassing, consisting of Art. I, Unauthorized Distribution or Deposit of Printed or Other Matter, adopted 3-7-1983 by L.L. No. 5-1983 (Ch. 95 of the 1981 Code), as amended, and Art. II, Unwanted Deliveries or Deposits of Printed or Other Matter, adopted 7-14-2008 by L.L. No. 3-2008.
[Amended 11-14-2011 by L.L. No. 5-2011]
A.
License required; unlawful practices.
(1)
Public property. It shall be unlawful for any person or entity to
offer, hawk, vend, peddle or solicit orders for the purchase or sale
of goods, wares, merchandise or other commercial commodities or services
on public property in the Village without a license issued with the
consent of the Board of Trustees.
(2)
Private property. It shall be unlawful for any person or entity to
offer, hawk, vend, peddle or solicit orders for the purchase or sale
of goods, wares, merchandise or other commercial commodities or to
perform work, labor or services on private property, or by going from
door to door to perform any such activity on private property, in
the Village. Notwithstanding the foregoing, such activities may be
conducted on private property in the Village if such activity is conducted
wholly within the boundaries of such property with the consent of
the owner of such property, and such business is conducted solely
with the owner and occupants of the property and their lawful guests,
and is otherwise lawful.
(3)
It shall be unlawful for any person or entity to employ any trick
or device, or by any false or misleading statement or representation,
to obtain or attempt to obtain admission to the property of any person
or entity in the Village or to obtain or attempt to obtain the consent
or permission of the owner or occupant of any premises within the
Village to enter in or upon the same for the purpose of soliciting
subscriptions for any book, publication, paper, magazine or periodical,
or to solicit orders for, sell or offer for sale any item of merchandise,
or for the purpose of seeking employment or for the purpose of soliciting
orders for work, labor or services to be performed within or without
the Village, or to obtain any license or permission required by this
article.
B.
Application procedure; fee; issuance of commercial solicitation license.
(1)
An application for a license required by this section shall be in
writing, and shall contain the following information:
(a)
Purpose for which the license is sought.
(b)
Names and addresses of the persons, organization, society, association,
company or corporation seeking such permission.
(c)
Whether or not any commissions, fees, wages or emoluments are
to be expended, paid or provided in connection with such activity.
(d)
The dates upon which the hawking, vending, peddling or soliciting
of orders for the purchase or sale of goods or wares, merchandise
or other commodities will be conducted, and the locations where such
activities are proposed to take place.
(e)
Such other information as the officer or Board with authority
to approve the application may require.
(2)
All applications must be accompanied by a processing fee as determined
by the Board of Trustees from time to time by resolution.
(3)
Within a reasonable time after receiving such application with all
required information, taking into account the Board meeting schedule,
the Board of Trustees shall grant or deny such application within
a reasonable period of time.
(4)
The Board of Trustees may deny such application, or impose conditions
in the approval of an application, as may be consistent with the public
health, safety and general welfare, or to protect the health or safety
of the residents of the Village.
(5)
Any license or approval granted pursuant to this section with respect
to private property shall be subject to the following restrictions:
(a)
All hawking, vending, peddling or soliciting orders for the
purchase or sale of goods or wares, merchandise or other commodities
must be conducted between the hours of 9:00 a.m. and 1/2 hour after
sunset, except that the Board of Trustees may, in appropriate cases,
permit such activities at other and different times.
(b)
Such license shall be effective for a period to be established
by the Board of Trustees.
(6)
Any consent or approval granted with respect to public property shall
be subject to such restrictions as may be imposed by the Board of
Trustees in granting such consent or approval.
C.
This section shall not be construed to prohibit any commercial solicitation
or sale of any goods or merchandise which is permitted pursuant to
State law to be conducted on public or private property by any veteran,
disabled person or producer of farm products, and any such activity
shall be permitted upon issuance of a license for the same by the
Mayor. The application for such license, and the approval or denial
thereof by the Mayor, shall be conducted in the same manner as provided
herein for licenses to be issued by the Board of Trustees, and with
respect to any such licenses the Mayor shall have the powers and duties
otherwise provided herein for the Board of Trustees.
A.
Public property. It shall be unlawful for any person or entity to
proselytize or canvass or to distribute handbills, pamphlets or other
written material, or to solicit donations or contributions of money
or property or financial assistance of any kind, on any public property
in the Village without the consent of the Board of Trustees.
B.
Private property. It shall be unlawful for any person or entity to proselytize or canvass, or distribute handbills, pamphlets or other written material, or solicit donations or contributions of money or property or financial assistance of any kind, on any private property in the Village without a license previously issued by the Mayor pursuant to this section or, with or without such license, to enter upon the premises of any Village resident who has noted objection to such entry and whose address has been provided to such person or entity, or its agents or representatives, pursuant to § 157-4.
C.
It shall be unlawful for any person or entity to employ any trick
or device, or by any false or misleading statement or representation,
to obtain or attempt to obtain a license, or to obtain or attempt
to obtain admission to the property of any person or entity in the
Village or to obtain or attempt to obtain the consent or permission
of the owner or occupant of any premises within the Village to perform
any act on such property which would require a license or the consent
of the owner or occupant of such property pursuant to this section,
or to obtain any license or permission pursuant to this article.
D.
Applications to the Board of Trustees for a consent pursuant to this
section shall be in writing, and shall contain such information as
is required for an application to the Mayor, and such other information
as the Board of Trustees may require. An application to the Mayor
for a license or consent as provided for in this section shall be
in writing, filed with the Village Administrator, and shall contain
at a minimum the following information:
(1)
The purpose for which the license is sought.
(2)
The full legal name and status of the entity, and the names and addresses
of the officers and directors of the entity, seeking such license
or consent.
(3)
The dates and times for which permission is sought, and the locations
where the activity is proposed to be conducted.
(4)
The tax exempt status, if any, of any entity so applying.
(5)
Whether any commissions, fees, wages or emoluments are to be paid
or expended in connection with such activity.
(6)
Whether any persons under the age of 18 years will be engaged in
such activity and, if so, the names and addresses of such persons
and the written consent of the parent or legal guardian of each such
person.
(7)
Whether such entity previously has been denied permission to conduct
the same or similar activity in any other jurisdiction and, if so,
a copy of such denial.
(8)
An acknowledgment that the applicant is familiar with, and agrees to conform to, the provisions of § 157-4 of this Code.
(9)
Such other information as the Mayor may require.
E.
All applications pursuant to this section must be accompanied by
a processing fee as determined from time to time by resolution of
the Board of Trustees.
F.
Upon receiving such application with all required information, and
the payment of any processing fee, the licensing officer or board
shall promptly determine whether to grant or deny such application.
(1)
With respect to an application to the Board of Trustees for such
activities public property, the Board of Trustees shall have discretion
whether to permit such activity, and to impose reasonable conditions
in the case of any approval.
(2)
With respect to applications to the Mayor for such activities on
private property, if the Mayor determines that granting the application
will be inconsistent with the public health or safety, or will create
or exacerbate any dangerous condition, or will permit an activity
not consistent with a tax-exempt purpose, or that the application
is for an activity which is not entitled to the protection of the
First Amendment to the United States Constitution or the Constitution
of the State of New York, the licensing officer or board shall deny
such application. Otherwise, the Mayor shall grant any application
from a bona fide applicant who has complied with the above provisions.
Any license granted by the Mayor shall include and be subject to the
following restrictions:
(a)
All activity must be conducted between the hours of 9:00 a.m.
and 1/2 hour after sunset, unless the Mayor permits such activity
at other times.
(b)
Any licensee shall not have more than four individuals engaged
in the licensed activity within the Village at any one time.
(c)
The license shall be effective for a period not to exceed 10
days from the date of issuance, unless the Mayor determines otherwise
for good cause shown. Nothing in this section shall prohibit a person
from obtaining successive licenses for the same or similar activity.
G.
All persons conducting any activity licensed under this section shall
at all times while doing so carry and prominently display an identification
card issued by the licensee, which identification card shall plainly
show the name of the person conducting the activity, a photograph
of such person, and the name and address of the licensee on whose
behalf such activity is being conducted. Such identification card
shall be displayed upon the request of any person to whom any licensed
activity is directed, and any person requesting such display shall
be permitted to copy or otherwise record such information.
H.
No person conducting any activity pursuant to this section or any license issued pursuant to this section shall enter upon the premises of any owner or occupant who has expressed a desire in writing not to be visited, canvassed, proselytized or solicited, or whose address has been provided pursuant to § 157-4.
A.
Any and all licenses, approvals or consents granted pursuant to this
article may be suspended by the Mayor for cause and without notice,
and may be revoked by the Board of Trustees after notice and an opportunity
to be heard, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Violation of any of the restrictions imposed on the issuance of such
license on the conduct of any activity so licensed, or any of the
provisions of this article.
(3)
Activity which is deemed to be dangerous or otherwise inimicable
to the public safety and welfare.
B.
Any person aggrieved by a determination by the Mayor to suspend a
license, approval or consent pursuant to this section may appeal to
the Board of Trustees in writing within five business days after notice
of such suspension. The Board of Trustees shall hear and determine
such appeal within 25 business days after the receipt of notice of
such appeal, and the person filing such appeal shall have the right
to notice of the date and time when such appeal will be heard and
the right to be heard with respect to such appeal.
The Village Clerk shall maintain a list of residents within
the Village who have expressed in writing a desire not to be visited
by any person, organization, society, association, company or corporation
or its agents or representatives for the purpose of proselytizing,
canvassing or distributing handbills, pamphlets or other written material
or soliciting donations or contributions of money or property or financial
assistance of any kind. Upon the issuance of any license hereunder,
the Village Clerk shall provide the licensee with a copy of the then-current
list of such Village residents who have expressed in writing a desire
not to have any such person, organization, society, association, company
or corporation or its agents or representatives enter upon their property
or to have such activities performed on their property. By applying
for a license pursuant to this section, each licensee shall be deemed
to have agreed not to conduct any licensed activity at any premises
so enumerated in the list provided by the Village.
Any person or entity found to have violated any provision of this article shall be guilty of an offense, and shall be subject to a fine in an amount to be set by the court not less than $250 nor more than $750 for each such violation. In the case of a violation of § 157-2H of this article, each visit to each premises registered pursuant to this article shall constitute a separate violation for each person making such visit. Notwithstanding the foregoing, such fine shall be in an amount not less than $500 nor more than $1,000 for each violation found to have occurred within one year of a previous violation by the same person or entity, and such fine shall be in an amount not less than $750 for each violation found to have occurred within two years of a previous violation by the same person or entity.
It shall be unlawful for any person or entity, or the agents
or representatives of any person or entity, to distribute, dispose
of or deposit printed matter or any other personal property on any
private property in the Village if the property is registered with
the Village pursuant to this article. Such registration shall be deemed
to constitute a declaration that the owner or owners of such property
do not consent to entry upon such property for such purpose, or to
the distribution, disposition or deposit of such matter on such property.
A.
This section shall not be applicable to delivery or distribution
of any printed or other matter by the United States Postal Service.
B.
This section shall not be applicable to the delivery or distribution
of printed matter or other materials or property which have been ordered
by the owner or resident of the property, or to which the owner or
any resident of the property has subscribed, or a delivery, distribution
or deposit made with the consent of an owner or resident of the private
property or any person acting with the permission or consent of such
owner or resident.
The Village Clerk shall maintain a list of private properties
in the Village with respect to which the owner or owners of such property
have filed a written registration, in a form acceptable to the Village
Clerk, declaring that such owner or owners do not permit the distribution,
deposit or disposition of printed matter or other personal property
upon such property. Such list shall be a public record, and a copy
thereof shall be available from the Village Clerk, upon request, without
fee.
A.
Any registration filed with the Village Clerk pursuant to this article
shall expire on June 1 next succeeding the date of such registration;
provided, however, that such registration may be renewed or refiled
at any time, and any renewed or refiled registration shall remain
in effect until one year next succeeding such June 1 expiration date.
B.
Any registration filed with the Village Clerk pursuant to this article
may be canceled at any time by the owner or owners of the registered
property, and any such cancellation shall be effective immediately
upon written notice to the Village Clerk to do so. Upon any such cancellation,
the registered property shall be removed from the registration list.
Any person or entity found to have violated any provision of
this article shall be guilty of an offense, and shall be subject to
a fine in an amount, to be set by the court, not less than $250 nor
more than $350 for each item of printed matter delivered or deposited
in violation of this article; provided, however, that such fine shall
be in an amount not less than $350 nor more than $500 for each violation
found to have occurred within one year of a previous violation by
the same person or entity, and such fine shall be in an amount not
less than $500 for each violation found to have occurred within two
years of a previous violation by the same person or entity.
