This chapter shall be known as the "Village
of Naples Peddlers and Solicitors Law."
The purpose of this chapter is to regulate the
conduct and to provide for the issuance of permits to vendors, hawkers,
peddlers and solicitors within the Village of Naples, which the Village
Board finds will protect the citizens of the Village from the fraudulent
and criminal practices of unscrupulous persons posing as hawkers,
vendors, peddlers or solicitors engaged in lawful business, and to
further prohibit the placement of booths or barrels or other obstructions
upon any streets or public places within the Village for the purpose
of selling or exposing for sale any goods, wares or merchandise, which
the Board of Trustees feels will promote the health, safety and general
welfare of the citizens of the Village of Naples.
As used in this chapter, the following terms
shall have the meanings indicated:
NONPROFIT ORGANIZATION
Any organization organized exclusively for literary, religious,
educational, scientific, civic, charitable or similar purposes, and
no part of the profits or benefits of said organization shall inure
to the benefit of its members, officers, directors or stockholders.
SOLICITOR
Includes any person who goes from place to place or house
to house or who stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, or for services to
be performed in the future, or for making, manufacturing or repairing
any article or thing whatsoever for future delivery. The term "solicitor"
shall not apply to a person selling milk, newspapers and food distributed
on regular customer routes.
VENDOR, HAWKER and PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from any vehicle or any public street
or public place or by going from house to house or place of business
to place of business on foot or from any animal or vehicle, sells
or barters or offers for sale or barter any goods, wares or merchandise,
except milk, newspapers and food distributed on regular customer routes.
The following information shall be provided to the Village Clerk by nonprofit organizations seeking the exemption provided by §
241-4B of this chapter:
B. Name of the person responsible, together with the
person's address and phone number.
C. Certification of insurance (name of Village as additional
insured).
D. Estimated number of people expected to conduct the
activity.
E. Specific daily selling hours.
H. Specialty permits required and agencies involved.
I. Tax-exempt number or other appropriate proof of nonprofit
status; for example, certificate of incorporation or affidavit.
It shall be unlawful for any person within the
corporate limits of the Village to act as a vendor, hawker, peddler
or solicitor as herein defined without first having obtained and paid
for and having in force and effect a permit therefor.
Upon the filing of the application, the Code Enforcement Officer shall, upon his approval of such application, issue to the applicant a permit as provided in §
241-6 signed by said officer and setting forth the date of issuance and the effective date of said permit. Except as hereinafter provided, no permit shall be refused except for specific reason and for the protection of the public safety, health, morals or general welfare.
A permit shall not be assignable. Any holder
of such permit who permits it to be used by any other person and any
person who uses such permit granted to any other person shall each
be guilty of a violation of this chapter.
Whenever a permit shall be lost or destroyed
on the part of the holder or his agent or employee, a duplicate in
lieu thereof under the original application may be issued upon payment
of the required fee.
Each permit shall automatically expire on the
last day of the calendar month in which it is issued.
All permit fees shall be paid when the permit
is issued. Permit fees shall be established by the Village Board by
resolution.
The Code Enforcement Officer may, at any time,
for a violation of this chapter, revoke any permit. When a permit
shall be revoked, no refund of any unearned portion of the permit
fee shall be made. Written notice of such revocation and the reason
or reasons therefor shall be served by the Code Enforcement Officer
upon the person named in the application or by mailing the same to
the address given in the application.
All orders taken by solicitors issued permits
who demand, accept or receive payment of deposit of money in advance
of final delivery shall be in writing, made in duplicate and signed
by the solicitor, stating the name, address and permit number of the
solicitor, the terms thereof and the amount paid in advance, and one
copy shall be given to the purchaser at the time the deposit is paid
to the solicitor.
It shall be the duty of the Code Enforcement
Officer to keep a record of all applications and of all permits granted
under the provisions of this chapter, giving the number and date of
each permit, fee paid and the date of revocation of all permits revoked.
[Amended 7-16-2008 by L.L. No.
4-2008]
Any infraction of this chapter shall be deemed
to be a violation within the meaning of the Penal Law of the State
of New York and shall be subject to a fine of not more than $250 or
imprisonment for not more than 15 days, or both.