[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:
CHARITABLE
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.
COMMERCIAL
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.
CORPORATION
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.
NONCOMMERCIAL
The purpose of solicitation that is charitable, as defined
in this section, religious or political.
PERSON
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.
SOLICITATION
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.
SOLICITOR
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:
A. 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.
B. Address for service of process, within New York State.
C. Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
planned solicitation.
D. Legal and tax status of any person applying for a license pursuant
to this chapter.
E. 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.
F. A brief description of the nature of the business and the goods to
be sold or services to be performed.
G. 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.
H. 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.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A. 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.
B. Any solicitor licensed under this chapter shall not have more than
five individuals engaged in the solicitation at any one time.
C. 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.
D. 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.
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 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]
Article
I of Chapter
132 will not apply to street vendors, and this Article
II will apply.
As used in this article, the following terms
shall have the meanings indicated:
REFRESHMENT
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.
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.