[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 7-10-1995 as L.L. No. 6-1995. Amendments noted where applicable.]
It is hereby found and declared that there exists in the Village of
Mount Kisco a large number of persons who gather in a multitude of areas along
the public roadways soliciting employment and that there are a correspondingly
large number of persons traveling in vehicles throughout the village soliciting
employees. As a result, there have been numerous complaints regarding traffic
and pedestrian safety hazards. It has become necessary in this Board's opinion
to safeguard and protect such village residents and employees by regulating
the manner and location in which such soliciting takes place. Such regulation
will protect and promote the health, safety and welfare of the residents of
Mount Kisco and employees.
The purposes of this chapter are to:
A.Â
Reduce the risk of safety hazards occasioned by the soliciting
of employment and employees on and around the public roadways in the Village/Town
of Mount Kisco;
B.Â
Protect such persons hired in the Village/Town of Mount
Kisco; and
C.Â
Protect the health, safety and welfare of persons in
the Village/Town of Mount Kisco.
For the purpose of this chapter, the following meanings shall apply:
The Board of Trustees of the Village/Town of Mount Kisco.
Any type of service, performance or activity which is provided or
performed, or offered to be provided or performed, in exchange for money,
labor, good or any other form of consideration.
Any property which is used primarily for the purpose of parking vehicles
and is either owned by the Village/Town of Mount Kisco or adjoins one or more
commercial establishments.
A person providing any service, industry or labor for wages or salary
or under any contract of hire, written, oral, express or implied.
Any service, industry or labor performed by a person for wages or
other compensation or under any contract of hire, written, oral, express or
implied.
A person licensed to engage in soliciting employment in the Village
of Mount Kisco under the provisions of this chapter.
Any natural person, firm, organization, partnership, association,
corporation or other business entity.
The Planning Board of the Village/Town of Mount Kisco.
Any public sidewalk, street, road or highway, including the curb
and shoulder thereof, within the Village/Town of Mount Kisco.
Any request, offer, enticement or action which announces the availability
for employment or of employment; or any request, offer, enticement or action
which seeks to secure employment. As defined herein, a solicitation shall
be deemed complete when made whether or not an actual employment relationship
is created, a transaction is completed or an exchange of money or other property
takes place.
The act of soliciting employees or employment.
The Village/Town of Mount Kisco.
The Village Manager of the Village/Town of Mount Kisco.
This chapter shall not apply so as to unlawfully interfere with interstate
commerce nor restrict, limit or regulate any commerce or other activities
exclusively provided for or retained by the county, state or federal government.
A.Â
Pursuant to the provisions of this chapter, the Village
Manager shall designate at least one public area for soliciting employees
or employment.
(1)Â
The Village Manager is authorized and directed to promulgate
rules and regulations relating to the administration of any such designated
area to be exercised in a manner consistent with state statute.
(2)Â
The Village Manager may revoke, alter or amend such rules
and regulations at any time when, in his judgment, traffic and the use of
the public right-of-way require.
(3)Â
Any such rule or regulation promulgated by the Village
Manager shall be effective 30 days after the public promulgation of such regulation
unless, within 30 days thereafter the Board of Trustees shall rescind, by
resolution, such rule or regulation.
(4)Â
The Village Manager shall prepare and publish within
30 days of the effective date of this chapter, instructional materials advising
prospective employees and prospective employers of the requirements hereunder,
and shall take any other reasonable measures necessary to implement the purposes
of this chapter.
A.Â
An application for a license to solicit employees within a regulated area under this chapter, or a renewal thereof, shall be made in writing to the Chief of Police or such other official as the Board of Trustees may designate, in accordance with such procedures, providing such information and documentation on such forms as the Board of Trustees may from time to time require. The application shall be signed by the applicant and shall be accompanied by a check, cash or money order in the amount of the fee required under § 90-8 of this chapter.
B.Â
Each license issued under this chapter shall expire on
the last day of December in the year in which it is issued.
C.Â
Each applicant will be required to provide the following
data: (1) name of applicant; (2) address of applicant; (3) nature of business;
(4) social security number or employer identification number; and (5) year,
make, model and license plate number for each motor vehicle to be used while
soliciting under this chapter.
D.Â
Each applicant will be required to acknowledge in writing
that the applicant or the entity, organization or person at the direction
of which or on behalf of which the applicant intends to solicit employees,
maintains policies of disability insurance and worker's compensation insurance
or comparable insurance as required by the laws of the United States and the
State of New York.
E.Â
Any application by an applicant that is not completed
as is required herein shall not be processed.
A.Â
Within 30 days after receipt of a complete application in proper form, the Chief of Police shall grant or deny a license, or renewal thereof, under this chapter. The Chief of Police shall not deny an application for a license to solicit employees except upon a finding that the applicant has violated § 90-10 of this chapter and fewer than six months have elapsed since the applicant's last license was revoked pursuant to this chapter.
B.Â
Any denial of a license or renewal by the Chief of Police shall be made in writing and shall set forth a statement of the reason or reasons therefor and shall be subject to administrative and judicial review in accordance with Subsection C of this section.
C.Â
Within 30 days after a denial of an application for a
license or a renewal thereof, the applicant shall be entitled to demand a
hearing before the Village Manager by making a written demand therefor. Following
receipt of such written demand, a hearing shall be held by the Village Manager
or by such other person or persons designated by the Village Manager. A record
of such hearing shall be made. At such hearing, the applicant and the Chief
of Police may each be represented by counsel and may offer evidence in his
or her behalf to demonstrate that a license or renewal should or should not
be granted. The determination of the Village Manager or by such other person
or persons designated by the Village Manager shall be subject to judicial
review in accordance with applicable law.
It shall be a violation of a license issued under this chapter to:
A.Â
Engage in the solicitation of employees or employment within the Village of Mount Kisco in violation of § 90-5 of this chapter.
B.Â
Engage in soliciting employees in any name other than
the one in which the person is licensed.
C.Â
Make a false statement or provide false information in
making an application for a license, renewal or duplicate license.
D.Â
Fail to notify the Chief of Police, in writing, of any
change of ownership, management or business name or location of a business
engaged in soliciting employees within 10 days therefrom.
E.Â
Fail to display in any vehicle being used for soliciting
employees hereunder, the license issued by the Chief of Police authorizing
such licensee to solicit employees within the Village of Mount Kisco, such
display to comply with regulations promulgated by the Village Manager.
A.Â
In accordance with the procedure set forth in this section,
the Chief of Police may revoke or, upon such conditions as the Chief of Police
deems appropriate, suspend for a period of up to six months a license issued
under this chapter.
C.Â
The licensee shall be given written notice by the Chief
of Police of the commencement of the revocation or suspension proceeding and
a copy of the charges upon which the proceeding is brought. Service may be
made by ordinary mail to the last address given in the application made by
the licensee for a license under this chapter. The licensee shall answer the
charges in writing within 20 days of service of such notice. Within 30 days
thereafter, a hearing shall be held by the Village Manager or by such other
person or persons designated by the Village Manager. A record of such hearing
shall be made. At such hearing, the applicant and the Chief of Police may
each be represented by counsel and may offer evidence in his or her behalf
to demonstrate that a license or renewal should or should not be revoked or
suspended. The determination of the Village Manager or by such other person
or persons designated by the Village Manager shall be subject to judicial
review in accordance with applicable law.
A license issued under this chapter shall not be assignable. Any licensee
who permits his or her license to be used by any other person and any person
who uses such license granted to any other licensee shall each be guilty of
a violation of this chapter. A transfer to a successor motor vehicle shall
not be considered an assignment under this section.
In the event that any section, subsection, sentence, clause, phrase
or portion of this chapter is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not effect
the validity of the remaining portions of this chapter. The Board of Trustees
of the Village of Mount Kisco hereby declares that it would have adopted this
chapter and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more section, subsection,
sentence, clause, phrase or portion may be declared invalid or unconstitutional.
A.Â
Nothing contained in this chapter shall be read to subject
the Village of Mount Kisco or its officials, agents or employees to liability
for damages or otherwise arising out of or related to the conduct of any activity
by a person licensed to solicit employees under this chapter.
B.Â
Persons engaged in soliciting employees within the Village
of Mount Kisco on the effective date of this chapter who have applied for
licenses hereunder may continue to engage in such soliciting while their license
applications are processed. Persons not engaged in soliciting employees in
the Village of Mount Kisco on the effective date of this chapter may commence
such soliciting upon filing a license application in accordance with this
chapter.
