The Board of Trustees of the Village of Great Neck Plaza hereby finds
that it will further the peace, good order, safety and general welfare of
village residents to minimize and prevent certain abusive, unscrupulous, unethical
and disruptive practices within the village by street vendors and persons
engaging in the door-to-door solicitation and selling of goods, wares and
merchandise.
As used in this chapter, the following terms shall have the meanings
indicated:
ESTABLISHED PLACE OF BUSINESS
A building or structure which is operated within the village as a
regular place of business and from which a person transacts business and deals
in goods, wares or merchandise or performs services or solicits orders for
the same on a continuing and ongoing basis.
HAWKER and PEDDLER
Include, except as hereinafter expressly provided, any person, either
principal or agent, who from any public street or public place or by going
from house to house or place of business to place of business, on foot or
on or from any vehicle, sells or barters, offers for sale or barters or carries
or exposes for sale or barter any goods, wares, merchandise or other item
or items of value, except milk, newspapers, magazines, periodicals and food
distributed on regular customer routes.
PERSON
Any individual, firm, partnership, corporation, association or other
entity or organization and any principal or agent thereof.
SOLICITOR
Includes any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to take orders
for goods, wares, merchandise or other items of value except newspapers, magazines
and periodicals, or for services to be performed in the future, or for making,
manufacturing or repairing any article or thing whatsoever for future delivery.
It shall be unlawful for any person within the limits of the village
to act as a hawker, peddler or solicitor as herein defined, or to assist the
same, without first having obtained and paid for, and having in force and
effect, a license therefor.
Every applicant for a license hereunder shall submit a verified written
application to the Village Clerk supplying the following information:
A. Name, permanent home address, local address (if any)
of applicant and date of birth.
B. A physical description of the applicant setting forth,
height, weight and color of hair and eyes.
C. A detailed statement of the particular business, trade
or occupation for which the license is requested and a description of the
goods, wares, merchandise or commodities offered for sale.
D. The name and address of the person, firm or corporation,
if any, he or she represents; the names and addresses of all partners, if
a partnership; the names and addresses of the principal officers, if a corporation;
and the name and address of a person upon whom a legal process and notice
may be served.
E. Prior arrests and the disposition thereof of the applicant
and the firm or corporation he or she represents, including the date and nature
of such arrest, and location of the court where such record or disposition
is on file.
F. The number and kind of motor vehicles to be used directly
in carrying on the business; and the registration, license and insurance data
for each such vehicle and operators thereof.
G. The length of time for which the license and privilege
to do business is desired.
H. Two photographs, two by two (2 x 2) inches in size, taken
within 60 days immediately prior to the date of filing of the application,
showing clearly the face and shoulders of the applicant.
I. If peddling or soliciting is to be conducted as a team,
group or other organized party under single leadership or direction, control
or sponsorship, the above-required personal information shall also be supplied
as to such leader or person in charge and with respect to each such other
person, employee or agent so involved.
J. If such applicant represents or is the agent for a principal,
there shall be appended to the application a letter or other evidence of authorization
or agency from the principal describing the nature and scope of such applicant's
authority and any restrictions, limitations and conditions imposed on such
applicant by the principal agency or organization he or she represents. In
addition, copies of each order form, contract or other form or document to
be utilized by the applicant in such sale or solicitation shall be attached
to the application.
K. Where the applicant is offering for sale goods, merchandise
or commodities required to be sold by weight, measure or count, as provided
under Article 16 of the Agriculture and Markets Law of the State of New York,
such application shall be accompanied by a certificate from the sealer of
weights and measures having jurisdiction thereof, certifying that all weighing
and measuring devices to be used by the applicant have been examined and approved.
L. Any additional information required by the village in
the interest of the health, safety and welfare of the residents of the village,
including, but not limited to, denials of licenses or their revocation by
other municipalities prior to the present application.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing,
in duplicate, stating the terms thereof and the amount paid in advance, and
one copy shall be given to the purchaser at the time the deposit of money
is paid to the solicitor.
Every licensee, while exercising his or her license, shall carry the
license with him or her and shall exhibit the same upon demand.
Any licensee aggrieved by any action or determination of the Village
Clerk may appeal to the Board of Trustees of the village or any agent or agency
designated by it, within 14 days after notice of the action or determination
complained of has been mailed to him, by filing a written statement setting
forth fully the grounds for the appeal. The Board or its agent shall set a
time and place for a hearing on such appeal and notice of such hearing shall
be mailed to the applicant's last known address at least five days prior
to the date set for the hearing. The decision and order of the Board or its
agent on such appeal shall be final and conclusive.
A license shall not be assignable. Any holder of any license who permits
it to be used by any other person, and any person who uses such license granted
to any other person, shall each be guilty of a violation.
Whenever a license shall be lost or destroyed on the part of the holder
or his or her agent or employee, a duplicate in lieu thereof, under the original
application and bond, may be issued by the Village Clerk upon the filing with
him or her by the licensee of an affidavit setting forth the circumstances
of the loss and what, if any, search has been made for its recovery.
It shall be the duty of the Village Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter giving the
number and date of each license, the fee paid and the date of revocation of
all licenses revoked.
A violation of any provision of this chapter is hereby declared to be
a violation and shall be punishable by a fine not exceeding $250 or imprisonment
of not more than 15 days, or both.
With respect to the regulation of the activities and practices of peddling,
hawking and soliciting within the village, to the extent there is a conflict
between the provisions or this chapter and those of Village Ordinance 37 of
1936, then the provisions of this chapter shall be controlling.