[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 12-16-1987 as L.L. No. 17-1987.
Amendments noted where applicable.]
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:
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.
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.
Any individual, firm, partnership, corporation, association or other
entity or organization and any principal or agent thereof.
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.
A.
This chapter shall not apply to:
(1)
Any sale conducted pursuant to statute or by order of
any court.
(2)
A wholesaler of articles to dealers or merchants engaged
in selling such articles.
(3)
Merchants having an established place of business within
the village and the employees of such merchants, and any person vending at
the express invitation of the customer or serving the latter on a regular
and established basis.
B.
This chapter shall not apply to sale of newspapers nor
be interpreted as intending to, nor shall it be construed to, unlawfully interfere
with the conduct of interstate commerce or the impairment of the rights of
free speech, press or publication; and shall be construed as implementing
and not as limiting the purpose and provisions of the New York State Home
Solicitation Sales Act.[1]
[1]
Editor's Note: See Article 10-A of the Personal Property Law.
C.
Nonprofit organizations and persons working for such
organizations shall be exempt. However, such organizations shall register
with the Village Clerk in the event that they plan to engage in vending, hawking,
peddling or soliciting and shall indicate the type of activities to be undertaken
and the time when they will be performed. If a nonprofit organization or person
solicits, peddles, vends or hawks within the village on a regular basis, then
such registration shall take place semiannually. If such hawking, peddling
or solicitation is not done on a regular basis, then such registration will
be made whenever the organization proposes to engage in such activity. Such
nonprofit organization and persons shall also comply with the notification
and registration requirements of the Nassau County Police Department. It shall
be the responsibility of such organizations to furnish identification for
their representatives, which must be exhibited upon demand. Failure to register
individuals without proper identification will result in this exemption being
withdrawn from the specific nonprofit or charitable organization.
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.
A.
A fee of $50 shall be paid by each person to be licensed
hereunder, and said fee, payable to the Village Clerk, shall be applied to
the cost of processing the license applications and otherwise enforcing and
effectuating the objectives of this chapter, without, however, imposing an
undue burden on the interstate business activities of any applicant, and provided
further that any applicant may apply to the Village Clerk for an adjustment
of such fee where the same appears discriminatory, unreasonable or unduly
burdensome in the circumstances, as shown by affidavit and appropriate supporting
evidence.
B.
Notwithstanding anything in this chapter to the contrary,
the following persons, firms, corporations or organizations shall be exempt
from payment of the fees set forth hereinabove:
(1)
An honorably discharged member of the armed forces of
the United States who is handicapped or disabled as a result of injuries received
while in the military services and who has procured a license from the Nassau
County Clerk, as provided by the General Business Law of the State of New
York.
(2)
Persons peddling, soliciting or vending or collecting
for the benefit of any bona fide fraternal, educational, religious or charitable
organization; provided, however, that such organization shall have otherwise
been certified or otherwise been duly qualified as required by law or by any
competent governmental body or agency.
A.
The Village Clerk, with such assistance from any Police
Department and from village staff as may be reasonably necessary, shall investigate
all applications and shall thereafter, within a reasonable time, issue or
deny a license to the applicant. All licenses shall expire on the first day
of January following their issuance, but such license may provide for an earlier
expiration date.
B.
If, after investigation of any application, the Village
Clerk shall deny the same, he or she shall endorse on such application such
disapproval and the reason for the same, and the Village Clerk shall forthwith
notify the applicant, in writing, of such denial and of his or her right of
appeal as herein set forth.
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 the hour of 9:00 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 or her 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. No peddler or solicitor shall
remain on any premises after the owner or occupant thereof shall have requested
his or her departure therefrom.
C.
No peddler or solicitor shall peddle, vend or sell his
or her goods or wares within 200 feet of any place occupied exclusively as
a public or private school or for school purposes, nor shall be or she permit
his or her cart, wagon or vehicle to stand on any public highway within said
distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered for
sale. No person shall, by any trick or device or by any false representation,
obtain or attempt to obtain admission to the house or garage of any person
or corporation in the village.
E.
No peddler or solicitor shall blow a horn, ring a bell
or use any other noisy device to attract public attention to his or her wares
or shout or cry out his or her wares.
F.
It shall be unlawful to create or maintain any booth
or stand or place any barrels, boxes, crates or other obstructions upon any
street or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
G.
Notwithstanding any other provision in this chapter,
no person shall enter upon any private residential property in the village
for the purpose of vending, peddling or soliciting an order for any merchandise,
device, work, services, book, periodical or printed matter whatsoever, nor
for the purpose of selling or distributing any ticket or chance whatsoever
without the consent of the occupant of said premises previously given.
H.
Any contract or sale made in violation of Subsection D shall be null and void and of no effect as to the person solicited, and any merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
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.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Village Clerk after written notice and a hearing for
any violation of this chapter.
B.
Notice of hearing for revocation of a license shall be
given in writing, setting forth specifically the grounds of the complaint
and the time and place of hearing. Such notice shall be mailed to the licensee
at least 10 days prior to the date set for the hearing, except as set forth
below.
C.
In addition to the foregoing, the Village Clerk may forthwith
temporarily suspend any license issued pursuant to this chapter upon receiving
information giving reasonable cause to believe that any licensee hereunder
has either violated this chapter by an act involving moral turpitude, physical
abuse, threats, intimidation or harassment or has been convicted of any violation
of this chapter or of any crime or offense endangering the peace, safety,
health or general welfare of the inhabitants of the village. Within 14 days
after such suspension, the Village Clerk shall conduct a hearing and issue
her determination as to whether the license shall be revoked or reinstated.
If such hearing or determination is not made within said fourteen-day period,
the license shall be restored automatically.
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.
