[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 3-13-1972[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 49.
Mercantile registration — See Ch. 54.
Secondhand dealers — See Ch. 69.
Signs and advertisements — See Ch. 72.
Soliciting — See Ch. 74.
[1]
Editor's Note: This chapter replaces former Ch. 43, Hawking
and Peddling, adopted 7-28-1952 as Ord. No. 50.
For the purposes of this chapter, certain words
are defined as follows:
Shall be considered as synonymous with the terms "solicit"
and "solicitor."
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
To go from house to house, from store to store, from place
to place or from street to street to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of Valley
Stream other than from a fixed place of business.
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
Only a natural person or an individual, whether a resident
of the Village of Valley Stream or not.
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for services
to be performed at any place within the Village of Valley Stream,
or to distribute advertising matter.
Any person or company who solicits, as herein defined.
It shall be unlawful for any person or company
to peddle or solicit within the Village of Valley Stream without having
first obtained a valid license therefor, as provided herein.
An application for a license shall contain the
following information:
A.
Name and description of applicant.
B.
Address of applicant (local and legal).
C.
A brief description of the nature of the business
and the kind of goods or property to be peddled or solicited.
D.
A statement as to whether or not the applicant has
ever been convicted of any crime, misdemeanor or violation of any
municipal ordinance or local law, the nature of the offense and the
punishment or penalty assessed therefor.
E.
Three photographs of the applicant, taken not more
than 60 days prior to the date of filing of the application, which
pictures shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishable manner.
F.
Statement that the applicant is a citizen and whether
citizenship was obtained by birth or naturalization; if by naturalization,
date and place where obtained.
G.
If employed by the owner of a licensed vehicle, the
name and address of such employer, together with credentials establishing
the exact relationship.
H.
If for a vehicle license, a description of the vehicle,
together with license number or other means of identification.
I.
If applicant is a company, name and address and title
of officer of the company upon whom process or other legal notice
may be served.
A.
Upon receipt of such application, one copy shall be
referred to the Nassau County Police Department for such investigation
of the applicant to be made as it deems necessary for the protection
of the public good.
B.
If such investigation should prove the applicant to
have a police record, the Police Department shall attach to such application
a copy of the applicant's police record and shall return the application
to the Village Clerk who shall notify the applicant that his application
is disapproved and that no license will be issued on said application.
C.
If, as a result of such investigation of the applicant,
no police record is found, the Police Department shall attach to the
application a statement that it has no record of the applicant and
shall return said application to the Village Clerk. Upon the return
of such application and approval by the Village Clerk and the payment
of the prescribed license fee by the applicant, the Village Clerk
shall prepare and deliver to the applicant his license and tag. Such
license shall contain the seal of the Village and the signature of
the issuing officer and shall show the name, address and photograph
of the licensee, the class of license issued, the kind of goods to
be peddled or solicited thereunder, the amount of fee paid, the license
number, the date of issuance and the date of expiration of such license,
as well as the state license number or other identifying description
of vehicle if for a vehicular license.
D.
The Village Clerk shall keep a record of all licenses
issued.
[Amended 10-21-2013 by L.L. No. 8-2013]
A.
For each person proposing to peddle or solicit, whether
on foot or from a licensed vehicle, a filing fee of $10, not returnable,
and a license fee of $5 when the license is issued.
B.
For each commercial or suburban vehicle, $85.
C.
For issuing a replacement of an individual's lost
license or badge, $5.
D.
The annual fee herein provided for may be changed
from time to time by the Board of Trustees, by resolution and shall
be assessed on a yearly basis and all licenses shall expire on the
31st day of January of the year next succeeding the date of issuance.
There shall be no reduction in fees for fractional parts of the year.
E.
The foregoing fees may be changed from time to time by the Board
of Trustees, by resolution.
A.
To each person licensed under this chapter, the Village
Clerk shall issue a metal or plastic badge which shall bear the words
"Peddler" or "Solicitor," the number of the license and the calendar
year for which the license is issued, in figures plainly discernible.
Such badge shall be worn constantly by the licensee on his outer garment
in such a way as to be conspicuous during such time as said licensee
is plying his trade.
B.
For each vehicle licensed under this chapter, the
Village Clerk shall issue a metal or plastic license plate which shall
bear the words "Peddler" or "Solicitor," the number of the license
and the calendar year for which such license is issued, in figures
plainly discernible. Said license plate shall be attached to the rear
of each vehicle in a conspicuous place and shall be kept clear and
readable at all times.
C.
To each person licensed under this chapter who loses
his badge issued by the Village Clerk, the Village Clerk shall issue
a replacement upon said person submitting an affidavit setting forth
the facts surrounding and establishing the loss of said badge and
payment of the proper fee.
Every peddler or solicitor licensed under this
chapter shall have his license in his immediate possession at all
times when peddling or soliciting and shall display the same upon
demand of any person.
No license, license plate or badge issued under
the provisions of this chapter may be transferred from one person
to another person or from one vehicle to another vehicle, nor shall
the badge so issued be used or worn at any time by any person other
than the one to whom it was issued.
No peddler or solicitor shall have any exclusive
right to any location in the public streets, nor shall any be permitted
a stationary location, nor shall he be permitted to operate in any
congested area where his 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.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after 1/2 hour before sunset of
any day or after the hour of 7:00 p.m. of any day, except upon the
invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell
his goods or wares within 200 feet of any church or place of worship
or any place occupied exclusively as a public or private school or
for school purposes, nor shall he permit his cart, wagon or vehicle
to stand on any public highway within said distance of such school
property.
D.
No solicitor shall solicit any business whatsoever
at the scene of any accident within the Incorporated Village of Valley
Stream.
If the applicant for a peddler's or solicitor's
license uses scales or measures in his business, he shall also file
with his application for a license a certificate issued by the Nassau
County Sealer of Weights and Measures that his scales or measures
have been tested and sealed.
Any honorably discharged veteran of the armed services of the United States, who has obtained a veteran's license from the Nassau County Clerk to hawk, peddle, vend or solicit trade in pursuance of law on the streets and highways of the Village of Valley Stream, shall be exempt from the provisions of § 60-5 of this chapter. In lieu of a license, as prescribed in § 60-6A of this chapter, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Village of Valley Stream subject to all other provisions of this chapter. Said permit will be stamped in ink on the face of the county license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
This chapter shall not apply to religious and charitable organizations. The provisions of §§ 60-2 through 60-8, inclusive, of this chapter shall not apply to the peddling of fish, fruit or farm produce by persons who produce such commodities. This exemption shall apply only to natural persons and shall not be construed to include farmers or other persons who buy goods for resale, as well as selling their own produce or to pay any helper or employee of such exempt person.
Any person or company who solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Village of Valley Stream shall be exempt from the payment of any fees, as set forth in § 60-5 hereof, upon presentation of proper proof to the Village Clerk and said person or company is actually engaged in interstate commerce. If the Village Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this chapter have been complied with, the Village Clerk shall issue a registry certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. All of the provisions of this chapter shall apply to all such persons and companies registered pursuant to this section.
It shall be unlawful for any solicitor or peddler,
either licensed or unlicensed, to enter upon privately owned property
for the purpose of selling merchandise without receiving a request
by the owner or lessee of that property inviting the peddler or solicitor
to enter upon that property for the purpose of making a sale.
It shall be the duty of any police officer of
the County of Nassau to require any person seen peddling or soliciting
and who is not known by such police officer to be duly licensed, to
produce his peddler's and solicitor's license and to enforce the provisions
of this chapter against any person found to be violating the same.
The Police Department shall report to the Village
Clerk all convictions for violation of this chapter and the Village
Clerk shall record the reports of such violations.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Village Clerk of the Village of Valley Stream
after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given, in writing, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for the hearing.
C.
The Village Clerk, upon receiving information giving
him reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section or indicted,
charged with or for any crime or offense or has been convicted of
any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by him, as provided herein and the Village
Clerk shall have issued his determination thereon.
Any person aggrieved by the action of the Police Department or the Village Clerk in the denial of an application for a license, as provided in § 60-4 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 60-17 of this chapter, shall have the right to appeal to the Village Board of the Village of Valley Stream. Such appeal shall be taken by filing, 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 of such appeal. The Village Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
[Amended 5-8-1989 by L.L. No. 1-1989; 7-16-2018 by L.L. No.
7-2018]
A.
Any person
or company, as defined in this chapter, violating any of the provisions
of this chapter shall be liable for and forfeit and pay a penalty
not exceeding $1,000 for each offense. A violation of any provision
of this chapter shall constitute and is hereby declared to be disorderly
conduct, and the person or company violating same shall be and is
hereby declared a disorderly person. In addition to the above stated
fine, such person or company may be sentenced to up to 15 days in
jail.
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.
All other local laws, ordinances or parts of
ordinances inconsistent therewith are hereby repealed.
This chapter shall take effect immediately.
