[HISTORY: Adopted by the Board of Trustees
of the Village of Naples 8-13-2003 by L.L. No. 4-2003. Amendments noted where
applicable.]
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:
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.
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.
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.
A.
Nothing in this chapter shall be held to apply to
any sales:
(1)
Conducted pursuant to law or by order of any court.
(2)
By persons under the age of 18 years.
(3)
Of fruit and farm produce by farmers and persons who
produce such commodities.
(4)
By any honorably discharged member of the armed forces
who has procured a permit issued by the County Clerk as provided by
the General Business Law of the State of New York.
B.
Nonprofit organizations and persons working for such
organizations shall be exempt from the payment of fees otherwise required
by this chapter. However, in order to obtain such exemption, each
nonprofit organization shall be required to complete the appropriate
permit application.
C.
Vendors, hawkers, peddlers and solicitors who have
registered with a nonprofit organization and who are conducting business
in connection with a flea market, festival or other event sponsored,
organized or promoted by said nonprofit organization shall be exempt
from the requirements of this chapter.
D.
Persons, organizations, firms or corporations who
or which call at only those places where they have been requested
by the owner or occupant to call shall be exempt from the provisions
of this chapter.
E.
Persons, organizations, firms or corporations who
or which call at business places exclusively for the purpose of arranging
or soliciting the sale of goods or merchandise to the business owner
at wholesale for the purpose of sale of such goods and merchandise
by said owner at retail shall be exempt from the provisions of this
chapter.
F.
Persons, organizations, firms or corporations who
or which call at businesses or school or municipal offices for the
purpose of selling or soliciting the sale of goods or merchandise
of a type customarily used in the normal day-to-day activities of
such business, municipality or school shall be exempt from the provisions
of this chapter.
The following information shall be provided to the Village Clerk by nonprofit organizations seeking the exemption provided by § 241-4B of this chapter:
A.
Name of organization.
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.
F.
Product(s) to be sold.
G.
Dates.
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.
A.
Any person desiring to procure a permit as herein
provided shall file with the Code Enforcement Officer of the Village
a written application upon a form furnished by the Village Clerk or
Code Enforcement Officer. A permit will only be valid for the person
making application. For each additional person a separate permit is
required. Food vendors must be in compliance with all applicable state
health regulations and show proof thereof. Such application shall
give:
(1)
The number and kind of vehicles to be used by the
applicant in carrying on the business for which the permit is desired.
(2)
The kind of goods, wares and merchandise such person
desires to sell or the kind of service such person desires to perform.
(3)
The method and place or places of distribution.
(4)
The name, address and date of birth of the applicant.
(5)
The name and address of the person, firm or corporation
represented by the applicant.
(6)
The length of time the applicant desires the permit.
(7)
Business card or business letterhead.
(8)
Doing business as (DBA) certificate.
(9)
Proof of liability insurance.
(10)
Proof of workers' compensation.
(11)
Photo identification from the Department of Motor
Vehicles (DMV) or appropriate law enforcement agency.
B.
Each applicant shall sign, on a form approved by the
Village Attorney, an agreement indemnifying, defending and holding
harmless the Village of Naples for any and all injuries caused or
sustained by the applicant while carrying on the business for which
the permit is desired. If applicable, such application shall be accompanied
by a current certificate from the Sealer of Weights and Measures certifying
that all weighing and measuring devises to be used by the applicant
have been examined and approved.
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.
A.
Such permit shall include the right to use only one
vehicle in carrying on the business for which the person has been
issued a permit.
B.
No permit shall be granted to a person under 18 years
of age.
C.
No applicant to whom a permit has been refused or
who has a permit which has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection no longer exists.
D.
Every person, while exercising his permit, shall carry
the permit with him and shall exhibit the same upon demand.
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.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all or the following words: "No Peddlers,"
"No Solicitors," "No Agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell
his goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he
permit his cart, wagon or vehicle to stand on any public highway within
said distance of such school property during such time as school is
in session.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall, by any trick or device or by any false
representation, obtain or attempt to obtain admission to the house
or building of any person in the Village.
E.
It shall be unlawful to create or maintain any booth
or stand or place any barrel, boxes, crates or other obstructions
upon the paved sections of any street or sidewalk or upon any public
place for the purpose of selling or exposing for sale any goods, wares
or merchandise. Nothing in this subsection shall prohibit the placement
of signs upon any street or sidewalk in accordance with the Zoning
Law of the Village of Naples.[1]
F.
Nothing in this chapter or any amendment thereto shall
prohibit any use or activity permitted by the Zoning Law of the Village
of Naples (Local Law No. 1 of the year 1999) or amendments thereto.
Such use(s) or activity(ies) shall be governed solely by the Zoning
Law.
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.
