[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 7-1-1973 as Art. 11 of the 1973 General Ordinance. Amendments noted
where applicable.]
[Amended 11-14-2005 by L.L. No. 6-2005]
No person shall hawk, peddle, solicit, sell
or offer to sell or solicit orders for the sale of any goods, wares
or merchandise or solicit subscriptions for any books, papers, magazine
or periodicals or offer any gift or sample in connection with a promotional
campaign for the sale of goods or merchandise or solicit contributions
of money, goods, or services, including the solicitation of personal
information for consumer or statistical survey purposes or otherwise,
or solicit orders for work, labor or services in any public place
or on any private property in the Village without first having obtained
a permit and license therefor upon written application to the Police
Department and, with respect to entering private property, without
also having first been expressly requested or invited, in writing,
to do so by the owner or lawful occupant of such private land or building.
A.
Applicants for a permit and license under this chapter
must file with the Village Clerk a sworn application, in writing (in
duplicate), on a form to be furnished by the Village Clerk, which
shall give the following information:
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address of the
applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to
be sold, or orders taken for the sale thereof, is manufactured or
produced, where such goods or products are located at the time said
application is filed and the proposed method of delivery.
(7)
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing of the application, which
picture shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(8)
The fingerprints of the applicant and the names of
at least two reliable property owners of the County of Nassau, New
York, who will certify as to the applicant's good character and business
respectability or, in lieu of the names of references, such other
available evidence as to the good character and business responsibility
of the applicant as will enable an investigator to evaluate properly
such character and business responsibility.
(9)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
(10)
A statement by a reputable physician of the
County of Nassau, dated not more than 10 days prior to submission
of the application, certifying the applicant to be free of contagious,
infectious or communicable disease.
A.
Upon receipt of such application, the original shall
be referred to the Police Department, which shall cause such investigation
of the applicant's business and moral character to be made as it deems
necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons for the same and return said application to the Village
Clerk, who shall notify the applicant that his application is disapproved
and that no permit and license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying-on of
the business applied for and return said permit, along with the application,
to the Village Clerk, who shall, upon approval by the Board of Trustees
and upon payment of the prescribed license fee and the posting of
the bond required herein, deliver to the applicant his permit and
issue a license. Such license shall contain the signature and seal
of the issuing officer and shall show the name, address and photograph
of said licensee, the class of license issued and the kind of goods
to be sold thereunder, the amount of fee paid, the date of issuance
and the length of time the same shall be operative, as well as the
license number and other identifying description of any vehicle used
in such soliciting or canvassing. The Village Clerk shall keep a permanent
record of all licenses issued.
B.
The annual fee herein provided shall be assessed on
a calendar year basis, and on or after July 1, the amount of such
fee for an annual license shall be 1/2 the amount stipulated above
for the remainder of the year.
C.
None of the license fees provided for by this chapter
shall be so applied as to occasion an undue burden upon interstate
commerce. In any case where a license fee is believed by a licensee
or an applicant for a license to place an undue burden upon such commerce,
he may apply to the Mayor for an adjustment of the fee so that it
shall not be discriminatory, unreasonable or unfair as to such commerce.
(1)
Such application may be made before, at or within
six months after payment of the prescribed license fee. The applicant
shall, by affidavit and supporting testimony, show his method of business
and the gross volume or estimated gross volume of business and such
other information as the Mayor may deem necessary in order to determine
the extent, if any, of such undue burden on such commerce.
(2)
The Mayor shall then conduct an investigation, comparing
the applicant's business with other businesses of like nature, and
shall make findings of fact from which he shall determine whether
the fee fixed by this chapter is unfair, unreasonable or discriminatory
as to the applicant's business and shall fix as the license fee for
the applicant an amount that is fair, reasonable and nondiscriminatory
or, if the fee has already been paid, shall order a refund of the
amount over and above the fee so fixed.
(3)
In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection A of this section. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of the applicant's business in the Village or at the end of each three-month period, a sworn statement of the gross sales and to pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license fee as prescribed in Subsection A of this section.
Every applicant shall file with the Village
Clerk a surety bond, in the name of the Village, in the amount of
$1,000, with surety acceptable to and approved by the Mayor, conditioned
that said applicant shall comply fully with all the provisions of
the ordinances of the Village and the statutes of the State of New
York regulating and concerning the business of solicitor and guaranteeing
to any citizen of the Village that all money paid as a down payment
will be accounted for and applied according to the representations
of the solicitor, and further guaranteeing to any citizen of the Village
doing business with said solicitor that the property purchased will
be delivered according to the representations of said solicitor. Action
on such bond may be brought in the name of the Village to the use
or benefit of the aggrieved person.
Solicitors and canvassers are required to exhibit
their licenses at the request of any citizen or police officer. No
person shall solicit, hawk or peddle between the hours of sunset and
9:00 a.m.
It shall be the duty of any police officer of
the Police Department operating within the Village to require any
person seen soliciting or canvassing, and who is not known by such
officer to be duly licensed, to produce his solicitor's or canvasser's
license and to enforce the provisions of this chapter against any
person found to be violating the same.
The Chief of Police shall report to the Village
Clerk all convictions for violation of this chapter, and the Village
Clerk shall maintain a record of each license issued and record the
reports of violation therein.
Permits and licenses issued under the provisions
of this chapter may be revoked by the Mayor of the Village for any
of the following causes:
A.
Fraud, misrepresentation or false statement contained
in the application for a license.
B.
Fraud, misrepresentation or false statement made in
the course of carrying on business as a solicitor or as a canvasser.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral
turpitude.
E.
Conducting the business of soliciting or of canvassing
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.
Any person aggrieved by the action of the Chief of Police or the Village Clerk in the denial of a permit or license as provided in § 123-3 of this chapter or the action of the Mayor in assessing the fee as provided in § 123-4C or revoking a license as provided in § 123-9 of this chapter shall have the right to appeal to the Board of Trustees of the Village. Such appeal shall be taken by filing with the Board of Trustees, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and at least five days' written notice of such hearing shall be given to the appellant. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
All annual licenses issued under the provisions
of this chapter shall expire on the 31st day of December in the year
when issued. Other-than-annual licenses shall expire on the date specified
in the license.
