[HISTORY: Adopted by the Board of Trustees of the Village of Manlius 9-11-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
Editor's Note: Former Ch. 42, Business Control, adopted 10-27-1959, amended 8-24-1982 by L.L. No. 4-2008, was repealed 9-11-2012 by L.L. No. 3-2012.
Many residents of the Village of Manlius expect that their local government will assist them in preserving their privacy and the quiet enjoyment of their homes. Moreover, the Village finds that in some instances, unscrupulous individuals have posed or may pose as legitimate canvassers and solicitors and annoy, harass or defraud residents of the Village or perpetrate other harmful or unlawful acts against them. The Supreme Court of the United States has consistently upheld the rights and obligations of local governments to protect their residents from unscrupulous solicitors and canvassers, particularly when the solicitation of money is involved, but has also defended the right of citizens and residents to speak freely, to express ideas that may be unpopular, and to engage others in debate without government interference. Accordingly, the purpose of this chapter is to regulate the activities of solicitors and canvassers in the Village to preserve the privacy and well-being of its residents in a manner that is consistent with the Constitutions of the United States and the State of New York.
Moreover, the Village further finds that, in some instances, deceitful individuals have posed or may pose as legitimate vendors or auctioneers and defraud or take advantage of residents of the Village or perpetrate other harmful or unlawful acts against them. Accordingly, the purpose of this chapter is to also regulate the activities of such individuals within the Village.
The following terms, when used in this chapter, shall have the meanings respectively ascribed to them in this section:
- One who sells goods, merchandise, or property of any kind, at public auction, for another person, and who receives any commission or compensation of any kind for conducting such sale; but not including one who conducts such a sale by or under the jurisdiction of any court, or pursuant to any judicial judgment or order, or any foreclosure sale of real estate, or the sale of the estate assets of a decedent and not including any owner of any goods, merchandise or property of any kind, who conducts such sale himself or herself.
- One who attempts to make personal contact with a person at his or her residence within the Village of Manlius and without his or her prior consent, to:
- A. Request or attempt to induce or persuade any person to support a particular charitable, educational, civic, patriotic, political, benevolent, religious or philanthropic project or cause;
- B. Seek or ask for a gift or donation for a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. 501(c)(3);
- C. Sell goods, wares, merchandise, tickets, articles, services, publications, advertisements, subscriptions or things of any kind or value, with the entire proceeds of such sale to be paid directly to or used exclusively for the benefit of a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. 501(c)(3);
- D. Personally deliver a handbill or flyer advertising a future event, activity, good or service that is noncommercial in nature or otherwise not-for-profit.
- MOBILE VENDOR
- One who is engaged in or who shall hereafter engage in purchasing, buying, bartering, selling, or vending food, goods, wares and merchandise or other personal property or obtaining orders or subscriptions for the sale or purchase thereof or for work, labor or services to be rendered to residents of the Village from a location that is designed to be portable and not permanently attached to the ground.
- An individual over the age of 18 years or a partnership, unincorporated association, sole proprietorship, limited liability company or corporation.
- One, other than a canvasser as defined herein, who attempts to make personal contact with a person at his or her residence within the Village of Manlius and without his or her prior consent, to:
- A. Collect or receive money or property;
- B. Sell goods, wares, merchandise, tickets, articles, services, publications, advertisements, subscriptions or things of any kind or value;
- C. Invite, request or attempt to induce or persuade any person to contribute any money or thing of value; or
- D. Invite, request or attempt to induce or persuade any person to become a sponsor, booster or advertiser in connection with a fund-raising campaign.
- E. Personally deliver to the resident a handbill or flyer advertising a commercial event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a future time.
- The Village of Manlius.
No person shall solicit within the Village unless the solicitor possesses a valid permit issued pursuant to the provisions of this chapter. A permit is not required for any person who acts solely as a canvasser within the Village as defined herein.
Each application filed pursuant to this section shall be accompanied by a fee in the amount provided in Chapter A102, Fees, for the period commencing on the date said permit is issued and ending on the 30th day of June next thereafter or the daily fee provided in said Chapter A102. A fee is not required for any person who acts solely as a canvasser within the Village as defined herein.
No person, unless duly licensed by the Village Clerk/Treasurer, shall exercise the trade or business of a public auctioneer within the limits of said Village. The sum provided in Chapter A102, Fees, shall be the annual auctioneer's fee for a license, and the daily fee provided in Chapter A102, Fees, shall be due for each day a person acts as an auctioneer and shall be payable to the Village Clerk/Treasurer before 10:00 a.m. of the day of the auction.
No company, organization, troupe or individual shall give any outdoor exhibition, show or special performance or any exhibition, show or special performance on property owned and/or operated by the Village within the corporate limits of said Village, unless previously having obtained a permit to do so from the Village Clerk/Treasurer, except that no permit shall be required to give any exhibition, show or special performance within the boundaries of any school that is within the corporate limits of the Village that has been duly authorized by said school or school district. The daily permit fee therefor shall be as provided in Chapter A102, Fees.
Except as herein provided, all persons engaging in the trade or business of a mobile vendor, whether he or she is the principal or an employee, agent or representative of any other person, firm or corporation, shall procure a license so to do from the Village Clerk/Treasurer and shall pay to the Clerk/Treasurer the sum provided in Chapter A102, Fees.
All applicants for a license or permit under the provisions of this chapter shall file with the Village Clerk/Treasurer an application for the same, in the form to be furnished by the Village, setting forth the following information:
The full name, business address and business telephone number of the applicant;
Information regarding the business, including, but not limited to:
For applications for a permit pursuant to § 42-3, a complete list of all persons to be authorized to solicit under the permit, including name, address, telephone number and a statement whether any of the individuals have been convicted of a crime, other than minor traffic infractions, within the past seven years and, if so, an explanation which includes the particular offense(s) for which the person was convicted, the dates of conviction and the courts in which such convictions were entered;
For applications for permits pursuant to § 42-3, the purpose of the solicitation and the methods by which such solicitation or distribution will be made;
The dates for which such license or permit is being requested; and
Such other information or documentation as the Clerk/Treasurer may require.
Each and every individual who is acting on behalf of or at the direction of another person as that term is defined in § 42-2 of this chapter as an employee, agent, representative or otherwise who intends to engage in any activity requiring a license or permit under this chapter must comply with all applicable provisions of this chapter. All applicants must furnish the applicable fee provided in Chapter A102, Fees, to defray the costs incurred by the Village in processing the application, plus an additional fee for each individual listed in the applicant's application to defray the costs of preparing and issuing a permit or license for said individual(s), if applicable. Said fees shall be nonrefundable.
Upon receipt of the application and appropriate fee, the Clerk/Treasurer shall promptly investigate as to the truth and accuracy of the information provided by the applicant. The Clerk/Treasurer shall then issue the applicant a license or permit unless he or she determines that:
The applicant, or the person on whose behalf the applicant will act on behalf, of has been convicted of a felony or misdemeanor involving fraud or moral turpitude or registered as a sex offender within the seven years preceding the filing of the application;
The applicant, or any person on whose behalf the applicant will act on behalf of, has failed to obtain any necessary licenses, permits or registrations to engage in the business, trade, profession, services or activities described in the application;
There is substantial evidence that the applicant will conduct his business in a manner likely to constitute a breach of the peace or to threaten the health, safety or general welfare of the public;
Any statement or information in the application is materially false, unless the applicant can demonstrate that such falsehood was the result of excusable neglect; or
In the event the Clerk/Treasurer denies an application for a license or permit pursuant to this chapter, the applicant shall have the right to appeal the denial pursuant to § 42-11 of this chapter, provided the applicant notifies the Village Board of Trustees of his or her intent to appeal the denial within 20 days of first receiving such notice of denial.
All of said licenses and permits shall be issued by the Clerk/Treasurer and shall be countersigned by the Mayor. The Clerk/Treasurer shall keep a record thereof and of the amount of the fee, if any, to be paid therefor. The license or permit must be shown to anyone on demand.
Permits or licenses issued under the provisions of this chapter may be revoked by the Clerk/Treasurer for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for the permit or license;
Fraud, misrepresentation, or false statement made in the course of carrying on any business or affairs for which a permit or license was duly issued;
Any violation of this chapter;
Conviction of any crime or misdemeanor involving fraud, deception or moral turpitude; or
Conducting the business of a solicitor in an unlawful manner or in such 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 person may appeal any decision relating to his or her permit or license by the Clerk/Treasurer to the Village Board of Trustees. The Board of Trustees shall then schedule a public hearing no later than 30 days from the date it received the person's notice to appeal, and notify the person of the time, date and location of such hearing, in writing, mailed to the applicant at his last known address at least five days before such public hearing. At the public hearing, the person and any other interested party shall be permitted to speak and submit evidence for or against the denial or revocation of the license or permit, as the case may be. Within 10 business days after the close of such hearing, the Board of Trustees shall notify the person of its decision, in writing, mailed to the last known address of the person, setting forth the reasons for its decision. Any decision of the Board of Trustees as to the issuance, denial, nonrenewal or revocation of a license or permit shall be deemed final and conclusive.
Every license or permit issued pursuant to the provisions of this chapter shall expire on the date stated thereon or, if no date is specified, within 30 days of the issuance thereof. It shall be unlawful for a person to carry on any business or affairs that require a license or permit under this chapter within the Village with an expired license or permit, and each such day that a person carries on any business or affairs that require a license or permit under this chapter within the Village with an expired license or permit shall constitute a separate violation of this chapter.
It shall be unlawful for any person to enter upon private property for the purpose of soliciting or canvassing any day between the hours of 8:00 p.m. and 8:00 a.m. or on Sunday without the prior consent or invitation of a person residing at that property.
It shall be unlawful for any person to ring the bell or knock upon or enter any building for the purpose of soliciting or canvassing without the prior consent of a person residing therein, whereon there is painted or otherwise affixed or displayed to public view any sign with the words "No Solicitors," "No Canvassers" or "No Agents" or any other words which purport to prohibit soliciting or canvassing on the premises.
No license or permit issued under the provisions of this chapter shall be transferred or assignable to any person. Any person assigning or transferring or attempting to assign or transfer any license or permit issued hereunder, except as herein provided, shall be guilty of violating this chapter.
No license or permit fee shall be required for:
Selling meats, fish, fruit and farm produce by farmers or persons who produce such commodities;
Veterans of the armed forces of the United States entitled to a license pursuant to § 32 of the General Business Law to vend and sell his or her own goods, wares and merchandise or to solicit or trade upon the streets or highways within the Village; and
In any case where, by so doing, it would unlawfully interfere with interstate commerce.
The provisions of this chapter shall not apply to:
It is hereby ordained and enacted that the Board of Trustees reserves to itself, at all times, the authority and power in order to prevent any undue or unnecessary hardship, or when, in the judgment of the Board, the public interests of the Village will be promoted thereby, to remit in whole or in part the payment of any fee for any license or permit issued pursuant to the provisions of this chapter.
The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.