[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 5-6-1991 by L.L. No. 5-1991. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the distribution of certain materials, peddling, soliciting and related activities within the Village of Tarrytown. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or distributing materials within the village may be established; the rights of legitimate businesses may be protected; general regulations may be more effectively enforced; the health, safety and welfare of the inhabitants of the village may be protected and maintained; and dishonest business practices and dishonest solicitation of funds in the village may be prevented.
For the purpose of this chapter, the following words, as used herein, shall be considered to have the meanings herein ascribed thereto:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which a person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits.
- HAWKER AND PEDDLER
- Except as hereinafter expressly provided, any person, either principal or agent, who, in any public street or public place or in an open area on private property adjacent to a public way or by going from house to house or place of business on foot or on or from any animal or vehicle standing in a street, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except as hereinafter exempted.
- One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind.
- Includes any one or more of the following activities:
- A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatever.
- B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character.
- C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type of publication.
- D. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization or project.
[Amended 9-20-2010 by L.L. No. 12-2010]
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Village where there are employees for soliciting orders from customers and delivering the same; to farmers and persons who produce such commodities; or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of 50 miles of the Village of Tarrytown. All persons named above shall be subject to restrictions hereinafter delineated in §§ 225-7, 225-8, 225-9, 225-10 and 225-16. Any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York shall not have to comply with the provisions of §§ 225-4, 225-5 or 225-6 and any fees associated with obtaining a certificate, provided that a copy of a valid license so issued is provided to the Village Clerk.
[Amended 1-4-1999 by L.L. No. 2-1999]
Every person desiring to engage in soliciting, hawking and peddling, as herein defined, from persons in residences on any public property or in any public place, within this municipality, is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor, hawker or peddler.
Application for a certificate of registration shall be made upon a form provided by the municipality. The applicant shall truthfully, under penalty of perjury, state in full the information requested on the application as follows:
The name and address of his present place of residence and the length of residence at such address; also his business address if other than his present address.
The address of his place of residence during the past three years if other than his present address.
The age of the applicant.
A physical description of the applicant.
The name and address of the person, firm or corporation or association whom the applicant is employed by or represents and the length of time of such employment or representation.
The name and address of his employer during the past three years if other than the present employer.
A description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
The period of time for which the certificate is applied.
The date or approximate date of the latest previous application for a certificate under this chapter, if any.
Whether or not a certificate of registration issued to the applicant under this chapter has ever been revoked.
Whether or not the applicant has ever been convicted of a misdemeanor or a felony under the laws of the state or any other state or federal law of the United States.
Whether or not the applicant or representative has ever been denied a registration or had a registration revoked; if so, from where, when and why.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
The Village Clerk shall cause to be kept in her/his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued under the provisions of this chapter and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.
No certificate of registration shall be issued to any person who has been convicted of the commission of a crime under the laws of the state or any other state or federal law of the United States; to any person who has been denied other permits for good cause; to any person who has been convicted of a violation of any provisions of this chapter, or to any person whose certificate of registration issued hereunder has previously been revoked as herein provided or who has a history of complaints from our or other communities.
On or before the date that the person(s) with the certificate of registration commences door-to-door peddling and/or soliciting in the Village, that person(s) shall first appear at the Village of Tarrytown Police Department and provide a valid photo identification issued by a governmental agency. The Police Department shall perform identification verification through the New York State Police Information Network. Should the identification verification provide information to the Police Department that past actions of the person(s) seeking to peddle and/or solicit door to door in the Village pose a concern to the Police Department, that person(s) shall not be permitted to peddle and/or solicit door to door in the Village. There shall be no appeal of the decision of the Police Department. Should the person(s) seeking to peddle and/or solicit door to door in the Village not have a valid photo identification issued by a governmental agency, that person(s) shall not be permitted to peddle or solicit door to door. Should the person(s) seeking to peddle and/or solicit door to door be approved for such peddling and/or soliciting by the Police Department, the photo identification shall be copied onto a license form to be supplied by the Police Department. This form shall be carried by the peddler or solicitor and used as identification and evidence that the person(s) may peddle and/or solicit in the Village should the peddler and solicitor be questioned by a resident. The peddler and solicitor shall inform the Police Department of the day(s) that the peddler and solicitor intend to peddle and solicit in the Village.
[Added 11-1-2010 by L.L. No. 17-2010]
Background check application fee.
[Added 1-18-2011 by L.L. No. 1-2011]
Any person or entity engaged in religious, political or not-for-profit activities shall be exempt for the fee requirement of this section.
Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the Village receives three verified complaints regarding improper actions of the holder of the certificate. In the case of a door-to-door solicitor or peddler, a verified complaint shall include a complaint from a resident that the solicitor or peddler contacted a household with a sign excluding peddlers and solicitors, as included in § 225-11 hereinbelow. Immediately upon such revocation, written notice thereof shall be given by the Village Clerk to the holder of the certificate in person or by certified United States Mail addressed to his or her residence set forth in the application.
[Amended 11-1-2010 by L.L. No. 17-2010]
Immediately upon giving of such notice, the certificate of registration shall become null and void.
The certificate of registration shall state the expiration date thereof.
Every person desiring to secure the protection provided by the regulations pertaining to soliciting, hawking and peddling contained in this chapter shall comply with the following directions. Notice of the determination by the occupants of giving invitation to solicitors, hawkers or peddlers or the refusal of invitation to solicitors, hawkers or peddlers to any residence shall be given in the following manner:
A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant and containing the applicable words as follows: "Only Solicitors Registered in Tarrytown Invited" or "No Solicitors Invited."
For the purpose of uniformity, the cards shall be provided by the Village Clerk to persons requesting the same, at the cost thereof.
Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
It shall be the duty of every solicitor, hawker and peddler, upon going onto any premises in the municipality upon which a residence, as herein defined, is located first to examine the notice provided in this chapter, if any is attached, and to be governed by the statement contained on any notice. If the notice states "Only Solicitors Registered in Tarrytown Invited," then the solicitor, hawker or peddler not possessing a valid certificate of registration, as herein provided, shall immediately and peacefully depart from the premises; and if the notice states "No Solicitors Invited," then the solicitor, hawker or peddler, whether registered or not, shall immediately and peacefully depart from the premises.
Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 225-8 of this chapter.
[Amended 1-7-2008 by L.L. No. 2-2008]
It is hereby declared to be unlawful for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, prior to 9:00 am. or after 7:00 p.m. when daylight saving time (spring/summer) is in effect and after 6:00 p.m. when eastern standard time is in effect (fall/winter).
[Added 8-19-1991 by L.L. No. 13-1991]
Exclusion sign requirements. Any resident of the village who wishes to exclude peddlers or solicitors, including charitable solicitors, from premises occupied by him or her may place upon or near the usual entrance to such premises a printed placard or sign bearing, substantially, the following notice: "Peddlers and Solicitors Prohibited." Such placard shall be at least 3 3/4 inches long and 3 3/4 inches wide.
Peddlers and solicitors excluded. No peddler or solicitor or charitable solicitor shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained without the consent of an occupant of said premises being previously given.
Removal or defacement of exclusion signs. No person other than the person occupying such premises shall remove, damage or deface such placard or sign.
The Village Clerk shall maintain a listing of premises where a sign to exclude peddlers and solicitors has been placed. The list shall be provided to all persons obtaining a certificate of registration.
[Added 11-1-2010 by L.L. No. 17-2010]
A registration shall not be assignable. Any holder of such registration who permits it to be used by any other person and any person who uses such registration granted to any other person shall be guilty of a violation of this chapter. Such registration shall automatically expire on January 1 following the date of issuance thereof, but such registration may provide for an earlier expiration date. No applicant to whom a registration has been refused or who has had a registration which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation unless he can show that the reason for such rejection or revocation no longer exists. Every registered person, while exercising his registration, shall carry the registration with him and shall exhibit the same upon demand in any police officer or citizen.
No registration shall be granted to a person under 18 years of age.
The fee for an application for certification for hawkers or peddlers pursuant to this chapter shall be as adopted by resolution of the Board of Trustees. This application fee shall be nonrefundable and shall not be credited to any registration fee. The fee for each registration issued pursuant to this chapter shall be as adopted by resolution of the Board of Trustees.
Editor's Note: Such fees are on file and available for inspection in the office of the Village Clerk during regular office hours.
Any registered person using a motor vehicle may employ not more than two persons to assist in selling and delivering the wares, but such person shall so act only while accompanying a registered peddler, hawker or solicitor.
Every vehicle used by a registered hawker or peddler in or about his business shall have the name of the registered person and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the registration.
Causes. Registrations issued under the provisions of this chapter may be revoked by the Village Clerk of the Village of Tarrytown, after notice and hearing, for any of the following causes.
Fraud, misrepresentation or false statement contained in the application for the registration.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler.
Any violation of this chapter.
Conviction of any crime, misdemeanor or violation of any local law of the Village of Tarrytown.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
A complaint received by the village in violation of a "no soliciting" sign on a private residence or business.
A notice of hearing for revocation of a registration shall be given, in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the registered person at his last known address at least five days prior to the date set for the hearing. The revocation of registration shall only extend to the end of the fiscal year in which the registration was issued.
[Amended 11-1-2010 by L.L. No. 17-2010]
[Amended 11-1-2010 by L.L. No. 17-2010]
Any person aggrieved by the action of the Village Clerk in the denial or revocation of a certificate shall have the right of appeal to the Police Committee. Such appeal shall be taken by filing with the Committee, within 10 days after the notice of revocation or denial is mailed or served, whichever is shorter, a written statement setting forth fully the grounds for appeal. The Police Committee shall set a time and place for a hearing of such appeal, and notice of such hearing shall be forwarded to said person at his last known residence, as indicated in his application, by mailing such notice by first-class mail at least five days prior to the hearing. The decision of the Police Committee shall be final and conclusive.
Editor's Note: Former § 225-17, Bond, was repealed 8-19-1991 by L.L. No. 13-1991.
A registered hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicles and receptacles used by him in a clean and sanitary condition and keep the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not stand or permit the vehicle used by him to stand on a private lot or on a public or private street, or on a sidewalk in front of any premises for any period of time if the owner or lessee of the premises objects.
[Amended 12-7-2015 by L.L. No. 9-2015]
Not stand or permit the vehicle used by him to stand at any of the following locations:
[Added 9-20-2010 by L.L. No. 12-2010]
Broadway: between Wildey Street and Franklin Street.
Main Street: between Broadway and Cortlandt Street/Depot Plaza.
Neperan Road: between Broadway and Grove Street.
Any Village parking lot.
Any Village park, subject to the following exceptions:
During organized activities under the direction or sponsorship of the Recreation Department where prior permission has been granted by the Village.
During organized activities under the direction or sponsorship of the Village where prior permission has been granted by the Village.
During other scheduled events where the sponsor of the event has given written permission and a copy has been provided to the Village Clerk.
Editor's Note: This local law also provided for the redesignation of former Subsection D as Subsection F.
Not stand or permit the vehicle used by him to stand in any one place in any public place, street or on a private lot adjacent to a public street for more than two hours. For the purposes of this chapter, the vehicle must be moved out of the area (at least 1/4 mile) where the vehicle has been located for peddling and/or soliciting.
[Added 9-20-2010 by L.L. No. 12-2010]
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or in an open lot adjacent to a street or public way for the purpose of selling or exposing for sale any goods, wares or merchandise.
All orders taken by registered solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of all applications and of all registrations granted under the provisions of this chapter, giving the number and date of each registration, the name and residence of the person registered, the amount of the registration fee paid and also the date of revocation of all registrations revoked.