Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation
or their agents or representatives, to proselytize, canvass, solicit
business, take orders for goods and services or to distribute handbills,
pamphlets or other written material or solicit donations or contributions
of money or property or financial assistance of any kind upon the
streets, in the offices of business buildings, upon private property,
by house-to-house canvass or in public places in the Village of Poquott
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 Poquott
on a form provided by the Village and shall contain the following
information:
A. Name, address and purpose of the cause for which the license is sought.
B. Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C. Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
solicitation.
D. Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E. Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F. The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the person
or persons who shall be conducting the solicitation or otherwise peddling,
soliciting or canvassing.
G. A brief description of the nature of business and the goods to be
sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
H. 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, registration certification information and liability insurance
information or other satisfactory means of identification. Such information
shall be presented for inspection, upon demand, by any Poquott Village
Code Enforcement Officer or Poquott Village Police Officer.
I. The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.
J. Such other information as the Board of Trustees may require.
All applications must be accompanied by a $25 nonrefundable
processing fee payable to the Village of Poquott.
Upon receiving such application, the Clerk shall present the
same to the Board of Trustees at its next regular meeting, but not
later than 20 business days from the date upon which the application
is filed. The Board of Trustees shall approve the application of all
bona fide applicants who have complied with the above provisions.
The Board of Trustees may deny the application for any of the following
reasons:
A. Any investigation reveals that the applicant falsified information
on the application.
B. The applicant has been convicted of felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances
or any violent act against persons or property.
C. The applicant is a person against whom a judgement or administrative
agency determination has been entered or a conviction obtains within
the five years immediately preceding the date of the application based
upon fraud, deceit or misrepresentation.
D. The solicitation involved the sale of illegal substances or services.
E. The applicant does not possess any applicable license required by
the United States, the State of New York, the County of Suffolk or
the Town of Brookhaven.
F. A determination by the Poquott Public Safety Office that the location
and time of the activities described in the application would endanger
the safety and welfare of the applicant or potential customers.
Any license approval granted by the Board of Trustees is subject
to the following regulations:
A. All activity must be conducted between the hours of 9:00 a.m. and
dusk (i.e., 30 minutes after sunset).
B. Any organization, society, association, company or corporation or
corporation licensed under this chapter shall not have more than five
individuals engaged in the activity at any one time.
C. The license shall be effective for no more than one calendar year
from the date of issuance, and all licenses shall terminate on December
31 in the year in which it was issued. There shall be no pro-ration
of fees over the calendar year.
D. The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees in writing that they do not desire solicitation.
Any person not desiring solicitation upon the person's private
property may advise the Board of Trustees by written notice objecting
to any or all solicitation or distributions. Such notice shall include
the name of the person filing; the address of the property affected;
the date of such filing; a statement specifically identifying the
organizations or institutions which the person filing objects to permitting
entrance onto his private residential property for the purpose of
solicitation or distribution; or that all such solicitation or distribution
is objected to.
Any and all licenses which may granted by the Board of Trustees
pursuant to any part of this chapter may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
A. Fraud, misrepresentation or a false statement contained in the application
for a license.
B. Violation of any of the restrictions imposed on the issuance of such
license or on the conduct of any solicitations so licensed.
The provisions of Chapter
113 shall not prohibit a duly licensed ice cream vending vehicle from selling ice cream products in the streets of the Village, provided that a license therefor is obtained as hereinafter provided:
A. Every such licensee using an ice cream vending vehicle shall have
and keep the number of his license painted in conspicuous figures
on a metallic sign on a conspicuous place on the side of such vehicle,
and if any person uses or employs more than one vehicle for such business,
he shall procure a separate license for each of such vehicles. All
licenses shall be displayed in a conspicuous place within the vending
vehicles.
B. The vending vehicle shall, at all times, be kept in a safe, operational
condition, including fully operational horn, safety lights and safety
arm with stop sign. Upon request, the licensee agrees to allow the
vehicles to be inspected by the Poquott Village Office of Public Safety.
C. It shall be unlawful to stop for the purposes of selling without
the warning lights, safety arm and stop sign activated and all amplified
sound or noise terminated until the vehicle leaves the location.
D. Vending shall only take place from the side or rear of the vehicle,
away from moving traffic and as near as possible to the curb or edge
of the roadway.
E. There shall be no vending to a person standing in the roadway.
F. The driver of a vending vehicle shall not back up the vehicle to
make or attempt a sale.
G. The driver of a vending vehicle shall not permit any person under
sixteen-year of age nor any unauthorized person to ride in or on the
vehicle.
[Amended 11-6-2023 by L.L. No. 4-2023]
This requirement of the payment of a fee 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 not
engaged in commercial transactions or the solicitations of funds including
any duly organized charitable, religious corporation, lodge, benevolent
or fraternal order, political organization; nor to a local community
group or organization such as the Boy Scouts, Girl Scouts, or other
such youth organization, or to any political party or candidate. In
the event such organizations or individuals are involved in commercial
transactions or the soliciting of funds for a commercial purpose,
a license for that purpose must be obtained from the Poquott Village
Clerk and the required solicitation permit fee must be paid in accordance
with the above.
Any person violating any provision of this chapter shall be
liable for the forfeit of their license if issued and pay a fine or
penalty in the amount of up to $250 for a first offense within a twelve-month
period, a fine or penalty in the amount of up to $750 for the second
violation of this chapter in a twelve-month period, and a fine in
the amount of $1,500 for a third violation of this chapter within
a twelve-month period.
If any section, subsection or provision of this chapter or the
application of such section, subsection or provision to any person
or circumstances shall be held invalid, illegal or unconstitutional,
the validity of the remainder of this chapter and the applicability
of such section, subsection or provision to other persons or circumstances
shall not affected thereby.