Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation
or their agents or representatives to proselytize, canvass, solicit
business, take orders for goods or services or to distribute handbills,
pamphlets or other written material or solicit donations or contributions
of money or property or financial assistance of any kind upon the
streets, upon private property, by house-to-house canvass or in public
places in the Village of Cove Neck without a license previously issued
pursuant to this chapter.
Application for a license as provided in this chapter shall
be in writing and addressed to the Village Clerk and shall contain
the following information:
A. Name, address
and purpose of the cause for which the license is sought.
B. Names and
addresses of the officers and directors of the organization, firm,
society, association, company or corporation.
C. Length
of time for which the right to do business is desired.
D. Legal and
tax status of any organization, firm, society, association, company
or corporation so applying.
E. Whether
or not any commissions, fees, wages or emoluments are to be expended
in connection with such activity.
F. The name,
address, date of birth, social security number, personal photograph(s)
and complete driver's license information or other satisfactory means
of identification of the person or persons who shall be conducting
the solicitation or otherwise peddling, soliciting or canvassing.
G. A brief
description of the nature of the business and the goods to be sold
or services to be performed for which funds are to be solicited and
an explanation of the intended use of the funds toward that purpose.
H. If a vehicle
or vehicles are to be used in the solicitation, a description of same,
including year, make and model, together with a license plate number,
registration certification information and liability insurance information
or other satisfactory means of identification. Such information shall
be presented for inspection, upon demand, by any Cove Neck Village
Code Enforcement Officer or Cove Neck Village Police Officer.
I. Such other
information as the Board of Trustees may require.
All applications must be accompanied by a $25 processing fee
payable to the Village of Cove Neck. Upon approval of the license,
a fee of $200 shall be paid to the Village of Cove Neck.
Upon receiving such application, the Village Clerk shall present
the same to the Board of Trustees at its next regular meeting. The
Board of Trustees shall approve the application of all bona fide applicants
who have complied with the above provisions. The Board of Trustees
may deny the application for any of the following reasons:
A. An investigation
reveals that the applicant falsified information on the application.
B. The applicant
has been convicted of a felony, misdemeanor or ordinance violation
involving a sex offense, trafficking in controlled substances or any
violent act against persons or property.
C. The applicant
is a person against whom a judgment or administrative agency determination
has been entered or a conviction obtained within the five years immediately
preceding the date of the application based upon fraud, deceit or
misrepresentation.
D. The solicitation
involves the sale of illegal substances or services.
E. The applicant
does not possess any applicable licenses required by the United States,
the State of New York, the County of Nassau or the Town of Oyster
Bay.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A. Payment
by the applicant of the license fee of $200.
B. All activity
must be conducted on weekdays and Saturdays only between the hours
of 9:00 a.m. and dusk (i.e., 30 minutes after sunset).
C. Solicitation
shall not take place at any household or premises which has a "no
solicitation" sign visibly posted on the premises or house.
D. The license
shall be effective for no more than one calendar year from the date
of issuance, and all licenses shall terminate on December 31 in the
year in which they were issued. There shall be no proration of fees
over the calendar year.
E. The Board
of Trustees shall not grant permission for applicants' activity with
respect to those persons who have advised the Board of Trustees, in
writing, that they do not desire solicitation.
Any person not desiring solicitation upon the person's private
property may advise the Board of Trustees by written notice objecting
to any or all solicitation or distributions. Such notice shall include
the name of the person filing; the address of the property affected;
the date of such filing; a statement specifically identifying the
organizations or institutions which the person filing objects to permitting
entrance onto his private residential property for the purpose of
solicitation or distribution; or that all such solicitation or distribution
is objected to.
All persons soliciting donations or contributions or proselytizing
pursuant to this chapter shall, at all times during such period, carry
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the solicitation. Each
identification card shall be displayed on the outer garment and shall
plainly show the name of the person who is soliciting, his or her
photograph and the person, organization, society, association, company
or corporation on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees
pursuant to any part of this chapter may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
A. Fraud,
misrepresentation or a false statement contained in the application
for a license.
B. Violation
of any of the restrictions imposed on the issuance of such license
or on the conduct of any solicitations so licensed.
Any person committing an offense against the provisions of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $500 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provision of this chapter shall constitute, for each day
the offense is continued, a separate and distinct offense hereunder.
If any section, subsection or provision of this chapter or the
application of such section, subsection or provision to any person
or circumstances shall be held invalid, illegal or unconstitutional,
the validity of the remainder of this chapter and the applicability
of such section, subsection or provision to other persons or circumstances
shall not be affected thereby.