It shall be unlawful for any person to engage
in the sale of goods, wares, services or contracts or in the collection
of money within the Village of Rye Brook without first having duly
obtained and having in force a license therefor as herein provided.
[Amended 4-27-2004 by L.L. No. 6-2004]
A. For the purpose of this chapter, the following definitions
shall apply:
HANDBILL
Any printed or written matter, any sample or device, or any
other printed or otherwise reproduced original or copies of any matter
or literature, including but not limited to circular, leaflet, pamphlet,
paper, or booklet.
PEDDLE
To carry or transport goods, wares, merchandise or personal
property of any nature and offering the same for commercial sale.
This includes any person who solicits orders as part of a commercial
enterprise and as a separate transaction makes deliveries to purchasers.
SOLICIT
To request contribution of funds or anything of value, or
sell goods or services, or to distribute handbills in connection with
a commercial enterprise or in connection with political, educational,
charitable, religious or other noncommercial purposes.
B. Nothing in this chapter shall be deemed to apply to
any person acting as a dealer in milk, bakery products, heating fuel
or newspapers.
C. A license shall not be required but compliance with the restrictions set forth below in §
174-5A shall be required of the following:
(1) Any person soliciting or collecting for any bona fide
charitable or religious organization which has been classified as
tax exempt by the Internal Revenue Service; and
(2) Any person soliciting or collecting for any political
or educational noncommercial purpose.
D. A license shall not be required and the restrictions contained in §
174-5 shall not apply:
(1) For any holder of a license granted pursuant to § 32
of the General Business Law.
(2) For the soliciting of orders, or peddling, vending
or the offering for sale of meats, fish, fruit or farm products by
farmers or other persons who produce the same.
(3) For any honorably discharged member of the armed forces
who is disabled as the result of an injury received while in the naval
or military service of the United States.
(4) For any holder of a license granted pursuant to § 35
of the General Business Law.
(5) For the solicitation of orders or peddling, vending
or offering for sale insurance, which activities are regulated by
New York State Insurance Law.
[Amended 4-27-2004 by L.L. No. 6-2004]
A. Peddlers or solicitors, whether licensed or unlicensed,
shall provide to the Village Clerk prior to engaging in peddling or
soliciting, their name(s); affiliation; dates and times of peddling
and soliciting; and make, model and license plate number of all vehicles
to be used during peddling and soliciting, and shall not:
[Amended 10-17-2012 by L.L. No. 8-2012]
(1) Enter upon private or public property for the purpose
of soliciting or peddling for a commercial enterprise before the hour
of 9:00 a.m. or after the hour of 7:00 p.m. on any day, except upon
the express invitation of the householder or occupant. In the case
of motor vehicles selling food, the hours of operation shall be extended
to 9:30 p.m., June 1 through September 15.
(2) Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his/her
business or offer for sale any provision, food or merchandise that
is unwholesome, unfit or otherwise harmful to the user or consumer
thereof.
(3) Stand or remain, or permit any vehicle used in such
business to stand or remain, for more than 10 consecutive minutes
on the same street or place or for more than 15 minutes of any hour
on any public place or street.
(4) Permit any vehicle to stand or remain:
(a)
Within 100 feet of any intersection.
(c)
Within 300 feet of any school property, commercial
establishment, church or synagogue property.
(5) Peddle or solicit on private or public property which
has displayed a sign bearing the words "No Peddling or Soliciting"
or words of like intent; nor shall any licensee remain on the premises
after the owner or occupant thereof shall have requested said licensee's
departure therefrom.
(6) Park a vehicle or cart, from which goods are sold
or orders taken, on or adjacent to any of the following streets:
(c)
North and South Ridge Street.
(7) Create, erect or maintain any booth or stand, or place
any barrels, boxes, crates or other obstruction upon any street or
public or private property for the selling of, or exposing for sale,
any goods, wares or merchandise.
(8) Have any exclusive right to location in the public
street; nor shall any peddler or solicitor be permitted a stationary
location for more than 10 minutes nor be permitted to operate in a
congested area where such operation might impede or inconvenience
the public. For the purpose of this chapter, the judgment of any police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or inconvenienced.
(9) Cry his or her wares or make use of bells, whistles
or other noise, except that an ice cream vendor's bell may be rung.
B. A license granted pursuant to this chapter shall include
the right to use only one vehicle or conveyance in carrying out the
business for which the person is licensed.
C. A license granted pursuant to this chapter shall not
be construed so as to supersede any applicable ordinances.
D. All orders taken by a licensed solicitor or peddler
for which he or she demands, accepts or receives payment or deposit
of money in advance of final delivery shall be in writing, in duplicate,
stating the terms thereof and said 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 or peddler. Such orders can be taken only
in compliance with applicable state and federal laws and Federal Trade
Commission rulings, and nothing herein shall be taken to waive such
restrictions.
Licenses issued under the provisions of this
chapter may be revoked by the Village Clerk of the Village of Rye
Brook for cause, after written notice, including but not limited to
the following:
A. Fraud, misrepresentation or false statements in the
application for the license.
B. Fraud, misrepresentation or false statements in the
course of carrying out the applicant's trade, business or occupation.
C. Any violation of this chapter.
D. Conviction of any felony.
E. Conducting the licensed business, trade or occupation
in an unlawful manner or in such a way as to breach the peace or to
constitute a menace to the health, safety or welfare of the public.
The Village Clerk shall keep an accurate record
of all licenses issued under this chapter.
[Amended 12-15-1992 by L.L. No. 2-1992; 8-26-2003 by L.L. No. 13-2003]
Provided that such application is made before
the prior license has expired, a license issued under the terms of
this chapter may be renewed by the Village Clerk for a fee in an amount
set by resolution of the Board of Trustees. The current License and
Fee Schedule is on file in the Village Clerk's office.
[Amended 12-15-1992 by L.L. No. 2-1992]
Any violation of this chapter shall be punishable as provided in §
1-17 of Chapter
1, General Provisions. Each day on which such violation continues shall constitute a separate offense.
[Added 10-17-2012 by L.L. No. 8-2012]
A. Any owner
or occupant of residential property located in the Village who wishes
to prohibit soliciting and peddling on the premises shall complete
a form available in the Village Clerk's office and on the Village's
website. The completion of the form will allow the owner/occupant's
premises to be included on a list of properties that do not permit
solicitation or peddling (herein referred to as the "do-not-knock
registry" or "registry").
B. In order
to be removed from the registry, the owner and/or occupant must complete
a form indicating that he/she does not want his/her property to be
included on the registry.
C. Any owner
and/or occupant who has requested enlistment on the do-not-knock registry,
pursuant to this chapter, shall be able to purchase from the Village,
for a nominal fee, a sticker or sign for display indicating enlistment
on the do-not-knock registry.
D. All solicitors
and peddlers shall obtain the current do-not-knock registry at the
time of issuance of a permit or at the time of registration to solicit
pursuant to the provisions of this chapter.
E. Solicitors
and peddlers shall not solicit or peddle at any premises identified
on the then current do-not-knock registry.
F. It shall
be the responsibility of the solicitor and peddler to check each residence
for the presence of such signage and to obtain updated copies of the
registry.
G. Solicitation
in connection with political, educational, charitable, religious or
other noncommercial purposes shall not be subject to the provisions
of this section regarding the do-not-knock registry.