This chapter shall be known and may be cited
as the "City of Glen Cove Peddlers and Solicitors Ordinance."
As used in this chapter, unless the context
or subject matter otherwise requires, the following words shall have
the following meanings.
Shall be considered as synonymous with the terms "solicit"
and "solicitor."
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
Includes, except as hereinafter expressly provided otherwise,
itinerant merchants, itinerant photographers and any person, either
principal or agent, servant or employee, who, from any boat, car on
a railroad track, or in any public street or public place or by going
from house to house or place of business to place of business, on
foot or from any animal or vehicle, sells or barters, offers for sale
or barter, or carries or exposes for sale or barter any goods, wares
or merchandise, or solicits subscriptions for books, publications,
magazines or periodicals, or solicits orders for the sale of any goods,
wares or merchandise, or solicits orders for work, labor or services
of any kind whatsoever to be performed within the City.
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 City 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 City 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 City other than from a fixed
place of business. "Solicit" shall also mean to distribute advertising
circulars.
Any person or company who solicits as herein defined.
Any honorably discharged member of the Armed Forces of the
United States or the widow of such honorably discharged serviceman.
A.Â
Generally.
(1)Â
Nothing in this chapter shall be held to apply:
(a)Â
To any sales conducted pursuant to statute or
by order of any court;
(b)Â
To any person selling personal property at wholesale
to dealers in such articles;
(c)Â
To merchants having an established place of
business within the City or their employees for soliciting orders
from customers and delivering the same from said established place
of business after said orders are taken;
(d)Â
To farmers and truck gardeners who themselves,
or through their employees, vend, sell or dispose of products of their
own farms and gardens; or
(e)Â
To berry pickers who sell berries of their own
picking.
(2)Â
This chapter shall not apply so as to unlawfully interfere
with interstate commerce.
(3)Â
This chapter shall, however, apply to peddlers and
vendors of trees, potted plants, flowers and food, except vegetables
sold by farmers and truck gardeners who produce the same.
(4)Â
The provisions 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
any helper or employee of such exempt person.
B.Â
Exempt organizations. This chapter shall not apply
to religious, charitable, political, civic or veteran organizations,
distributors of fluid milk, or the distribution of newspapers classified
as second class postal matter. The foregoing organizations except
milk or newspaper distributors shall apply for and obtain a letter
of authorization from the Glen Cove Police Department at no fee.
[Amended 8-24-2004]