[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-1971 as Sec. G109 of the 1971 Code; amended in its entirety7-10-2019 by L.L. No. 3-2019]
As used in this chapter, the following terms shall have the meanings indicated:
- The purpose of an organization which has received a letter of determination approving tax-exempt status under Title 26 of the United States Code § 501(c)(3) or the purpose of a school club, recognized and affiliated with a public or private school, having a program with annual campaigns to support the public or private school club.
- The purpose of solicitation is related to the taking or attempting to take orders for, or the selling or making immediate delivery of, any goods, wares, merchandise, personal property, anything of value, or services of any kind or description for future delivery or for services to be performed in the future, either in person or by distributing flyers and leaflets and does not constitute noncommercial solicitation, as defined in this section.
- The meaning consistent with the New York State Business Corporation Law and the New York State Not for Profit Corporation Law.
- HAWKER AND PEDDLER
- Any person, either principal or agent, who engages in any solicitation other than noncommercial solicitation.
- The purpose of solicitation that is charitable, as defined in this section, religious or political.
- Any individual, corporation, firm, partnership, joint venture, association, social club, league, fraternal organization, society, joint-stock company, estate, trust, business trust, receiver, trustee, syndicate or any other group acting as a unit.
- A. The act of any person, whether a resident of the Village of Munsey Park or not, traveling by foot, vehicle or any other type of conveyance who goes from house to house, from place to place or in or along any highway, street or sidewalk within the Village of Munsey Park either:
- (1) Requesting, soliciting, hawking, or peddling, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value;
- (2) Taking, soliciting, hawking, or peddling, or attempting to take orders for the sale of any goods, wares, merchandise, personal property, anything of value, or services of any kind or description for future delivery or for services to be performed in the future, either in person or by distributing flyers and leaflets; and
- (3) Selling, soliciting, hawking, peddling, or making immediate delivery of any goods, wares, merchandise, personal property, anything of value, or services of any kind or description, commonly referred to as "peddling."
- B. Solicitation shall not include the following so long as the person is not requesting, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value:
- (1) A person communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, educational, or charitable nature;
- (2) A person seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
- (3) A person seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;
- (4) A person conducting a poll, survey or petition drive in regard to any political matter; and
- (5) A person carrying, conveying, delivering or transporting dairy products, newspapers, periodicals, books or similar printed material, or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products, goods or services and is entitled to receive the same.
- Any person, whether a resident of the Village of Munsey Park or not, engaged in solicitation.
Except as may be otherwise provided herein, it shall be unlawful for any person, or its agents or representatives, to engage in commercial solicitation 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 Clerk of the Village of Munsey Park, and shall contain the following information:
Names and business addresses of the person that is seeking a license pursuant to this chapter. If the applicant is not a natural person, then the applicant shall provide the names and business addresses of the directors (or similar) of the organization, firm, society, association, company or corporation.
Address for service of process, within New York State.
Time for which permission is sought and localities and places of activity, giving the date of the commencement and termination of the planned solicitation.
Legal and tax status of any person applying for a license pursuant to this chapter.
The name, address, date of birth, social security number (or similar), personal photograph(s) and complete driver's license information (or similar identification) of the person or persons who shall be conducting the solicitation.
A brief description of the nature of the business and the goods to be sold or services to be performed.
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, vehicle registration information and liability insurance information or other satisfactory means of identification.
Such other relevant information as the Board of Trustees may reasonably require.
All applications must be accompanied by a nonrefundable processing fee of $25 payable to the Clerk, Village of Munsey Park. Upon approval of the license, an annual fee of $250 for commercial solicitations for each solicitation period, from the issuance of the license to its termination, shall be paid to the Village of Munsey Park. The annual application fee shall authorize one individual commercial hawker or peddler to operate within said Village. Applicants shall pay an additional sum of $50 for each additional individual hawker or peddler intended to solicit within said Village.
All licenses granted pursuant to this chapter shall expire one year from date of issuance following the granting thereof, unless sooner suspended or revoked. All such licenses may be suspended, for good cause, and are revocable, as provided for in this chapter.
Upon receiving such application, the Village Clerk shall present the same to the Board of Trustees at its next regular meeting, but not later than 20 business days from the date upon which the application is filed. 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:
The applicant provided false information on the application.
The individual listed or employed by 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.
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, which is based upon fraud, deceit or misrepresentation.
The solicitation involves the sale of illegal substances or services.
The applicant does not possess any applicable licenses required by the laws of the United States, the State of New York, the County of Nassau, the Town of North Hempstead, and/or the Village of Munsey Park for such solicitation.
A determination by the Board of Trustees that the location and time of the activities described in the application would endanger the safety and welfare of the applicant or potential customers.
No license shall be granted, and no license shall be effective, pursuant to this section, until the applicant has presented a surety bond with a surety company reasonably approved by the Village of Munsey Park, in the amount of $1,000.
Upon approval of the application by the Board of Trustees, the Village Clerk shall provide written notice to the applicant's address set forth within the application within seven days of the approval. If the Board of Trustees denies the application, the Village Clerk shall provide written notice of the denial to the applicant's address set forth within the application, which shall include the reason(s) for denial, within 14 days.
Any license approval granted by the Board of Trustees is subject to the following restrictions:
All solicitation must be conducted on weekdays and Saturdays only between the hours of 10:00 a.m. and either 9:00 p.m. or 30 minutes after sunset, whichever is earlier.
Any solicitor licensed under this chapter shall not have more than five individuals engaged in the solicitation at any one time.
All solicitors shall obtain and maintain the current do-not-knock registry, established pursuant to this chapter, at the time of issuance of license and, thereafter, not less frequently than quarterly, for the duration of the license to conduct solicitation pursuant to the provisions of this chapter.
Solicitation is expressly prohibited with respect to owners and occupants who have made an appropriate filing with the do-not-knock registry, as described in this chapter.
Any owner or occupant of residential property located in the Village who wishes to prohibit solicitation on the premises, owned or occupied by such person, may complete a form available in the Village Clerk's office or on the Village's website, setting forth the common street address of such premises. Upon completion of the form, Village Hall includes the owner/occupant's premises on a list of properties that do not permit solicitation (herein referred to as the "do-not-knock registry" or "registry").
In order to be removed from the registry, the owner and/or occupant must complete a form deleting the premises from the registry.
The Board of Trustees shall, at its sole discretion, periodically provide all solicitors with an updated do-not-knock registry.
Solicitors shall not conduct any solicitations at any premises identified on the then-current do-not-knock registry.
It shall be the sole responsibility of the solicitor to abide by updated versions of the registry.
All solicitors shall, at all times during such solicitation, carry an identification card issued by the person licensed to conduct the solicitation. Each identification card shall be prominently displayed on the outer garment, and shall plainly show the name of the individual who is soliciting, his or her photograph, and the person on whose behalf such solicitation is being made.
Any and all licenses that may be granted by the Board of Trustees pursuant to any part of this chapter may, for good cause, be suspended by the Mayor, and the giving of written notice by the Village Clerk, for any of the following causes:
The licensee violates any provision of this chapter, including, but not limited to, § 132-7, the "Do not knock" registry.
Fraud, misrepresentation or a false statement contained in the application for a license.
Violation of any of the restrictions imposed on the issuance of such license or on the conduct of any solicitations so licensed.
The licensee, or any individual working on behalf of or who worked on behalf of or with the licensee, is convicted of violating any federal, state or local law while in the course of operating under the license;
The activities for which the license was granted were or are being conducted in a manner that is detrimental to the public health, safety, peace or welfare.
Within 10 days after receipt of written notice of the suspension, the licensee may file a written objection to the suspension with the Village Clerk, setting forth fully the grounds for objection. The Board of Trustees will thereafter hold a hearing, within 30 days of receipt of a written objection or within 40 days of the suspension if no written objection is timely made by the licensee, for a hearing to review the determination by the Mayor and to decide whether to implement a full revocation of the license or to reinstate the license. The Village Clerk shall send notice of such hearing to the licensee's address set forth in the application at least three days prior to the date set for the hearing, which the licensee shall be permitted to attend. The Board of Trustees shall consider any objection to the proposed revocation, whether by written objection pursuant to this provision or made in person at said hearing.
If the Board of Trustees decides to implement a revocation, then the Village Clerk shall provide written notice of the revocation to the licensee, which shall include the reason(s) for revocation, within three days of the hearing. If the Board of Trustees determines not to implement a revocation, and determines to reinstate the license, the Village Clerk shall provide written notice to the licensee within three days of the hearing. When a license has been revoked, no other license shall be issued under the provisions of this chapter to the same applicant within six months of the date of revocation.
Any applicant or licensee aggrieved by any action or determination of the Board of Trustees or the Village Clerk hereunder may appeal to the Board of Trustees, within 14 days after notice of the action or determination complained of has been mailed to the address set forth in the application, by filing a written statement setting forth fully the grounds for appeal. The Village Clerk shall set a time and place for a hearing on such appeal, within 30 days of receipt of the appeal, and notice of such hearing shall be mailed to the applicant or licensee's last known address at least seven days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
This chapter shall not apply to persons for whom exemption is made by any special provision of law from any of the provisions of this chapter, provided they are engaged in noncommercial solicitation. This chapter shall also not apply to any duly organized religious corporation, lodge, benevolent or fraternal order, political organization; nor to a local community group or organization such as the fire district, Boy Scouts, Girl Scouts, or other such youth organization, or to any political party or candidate.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, and as otherwise provided herein. Each day of continuance of an offense shall be considered a separate offense.
[Adopted 7-14-2002 by L.L. No. 1-2002]
As used in this article, the following terms shall have the meanings indicated:
- Any confectionery food, fruit or other edible commodity or drink or carbonated beverage.
- STREET VENDOR
- Any vendor who sells ice cream or any other refreshment as a primary product from a motor vehicle and along the public streets.
All street vendors are prohibited from vending in a manner that interferes with pedestrians or vehicular traffic or other legitimate business in the Village of Munsey Park and shall in any event be restricted to legal parking spaces and shall not stand, stop or park therein for a period exceeding 10 minutes.
All street vendors are prohibited from vending on certain streets to be designated on the map, a copy of which shall be provided with the permit, before 5:00 p.m. on days when school is in session at the Munsey Park Elementary School.
Every vehicle which is used to vend ice cream or refreshments along the public streets shall be equipped with a caution arm on the left side, which shall be illuminated or otherwise be equipped with reflective material viewable from a distance of at least 500 feet and any other device which meets the standards set forth by the Commissioner of Motor Vehicles.
No street vendor shall, directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
No street vendor shall vend between sunset and 11:00 a.m. of the following day.
Persons licensed pursuant to the provisions of § 32 of the General Business Law of the State of New York shall be prohibited from vending within the Village of Munsey Park unless they have obtained a permit in accordance with the provisions of this chapter.
Any person, firm or corporation who or which shall violate or cause to be violated any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
If a court of competent jurisdiction shall declare any section of this article unconstitutional or otherwise void and ineffective, the validity of the remainder of this article shall not be affected thereby.
Street vendors shall file with the Village Clerk a certificate of insurance (or a duplicate of an insurance policy) on each and every vehicle for which an application is made. The policy or certificate shall name the Village of Munsey Park as an additional insured and shall be filed prior to issuance of a permit. Such proof of insurance shall identify each vehicle covered by such policy or certificate according to vehicle identification number. Cancellation or lack of insurance shall be cause for immediate suspension of any license under this chapter.
Insurance coverage shall be at least in the amount of $2,000,000 for personal injury, including death, to any one person and $1,000,000 for damages on account of any one accident.
Vehicle operators shall file with the Clerk a copy of their valid New York State driver's license, a valid New York State registration card for the vehicle, a copy of the Nassau County Department of Health Form DH-2447 for the vehicle, a copy of their license issued by the Town Clerk of the Town of North Hempstead, and a letter from the ice cream distributor, authorizing the permittee to sell its product.