If the applicant for a peddler's or solicitor's license deals in food or food products, he or she shall also file with his or her application for license a certificate issued by the Nassau County Department of Health, showing written approval of such Department, and this certificate shall be carried at all times by the person peddling, soliciting or selling such goods and wares, and shall be exhibited upon demand by the person peddling, soliciting or selling such wares.
The vehicle kept or used by a licensee in the exercise of his or her license shall be marked on both sides with the number corresponding to the number of his or her license, and the words "Licensed Vendor" in plain letters and figures at least two inches in length and of such color as to be plainly read at a distance of at least 10 feet.
No peddler or solicitor shall keep or maintain at any fixed point or place on the streets or highways in the City any wagon, cart, automobile, vehicle or stand for the purpose of peddling or soliciting as herein defined, and such person shall at all times keep such vehicles moving from place to place, and shall remain stationary only for a sufficient length of time to enable such person to complete a sale or solicitation; nor shall such person be permitted to stop in any congested area nor permit any vehicle used by him or her to stop or remain at any crosswalk where his or her operation might impede or inconvenience the public.
A. 
Prohibited hours of entry upon property. It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hours of 9:00 a.m. of any day or after 1/2 hour before sunset of any day, or after the hour of 9:00 p.m. of any date, except upon the invitation of the householder or occupant.
B. 
Prohibited entry upon property. It shall be unlawful for any peddler or solicitor in plying his or her trade to ring any doorbell or knock upon or enter any building when 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. 
Peddling, soliciting near schools. No peddler or solicitor shall peddle or solicit within 200 feet of any place occupied as a public or private school or for school purposes, nor shall he or she permit his or her cart, wagon or vehicle to halt on any public highway within such distance of said school property.
D. 
Unlawful sales. A licensed huckster or peddler shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale; or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
E. 
Unauthorized use of badge. A licensed huckster or peddler shall not wear the badge provided by the City after the expiration or revocation of the license represented by them.
F. 
Sanitary conditions. A licensed huckster or peddler shall keep the vehicles and receptacles used by him or her in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
G. 
Noises. A licensed huckster or peddler shall not blow a horn or shout or cry out his or her wares or use any other noisy device to attract public attention to his or her wares or make any noise or sound in violation of the provisions of this Code.
H. 
Obstructions. A licensed huckster or peddler shall not 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.
I. 
Entering upon private property without prior permission.
(1) 
Notwithstanding any other provision in this chapter, no person shall enter upon any private residential property in the City of Glen Cove for the purpose of vending, peddling or soliciting an order for any merchandise, device, work, service, book, periodical or printed matter whatsoever; nor for the purpose of soliciting alms or a subscription or a contribution to any church, charitable or public institution; nor for the purpose of distributing any handbill, pamphlet, tract, notice or advertising matter; nor for the purpose of selling or distributing any ticket or chance whatsoever without the consent of the occupant of said premises previously given.
(2) 
Exception. This section shall not be construed to apply to any person who has been a bona fide resident of the City of Glen Cove for a period of at least six consecutive months last past, nor to any person who has maintained an established place of business in the City of Glen Cove for a period of at least six consecutive months prior thereto, or his or her duly authorized representative.
[Added 1-10-1989]
A. 
Retail sales activities outside the confines of an enclosed building by a business normally operating from a fixed location within the City and occurring at a time different than an event officially sponsored by a business association (Chamber of Commerce, etc.) or a nonprofit association, require a permit from the Glen Cove Police Department. Such permits must be obtained at least 30 days prior to the proposed activity, but under no circumstances may a permit allow an outdoor retail sales activity to occur for more than four consecutive days.
[Amended 8-24-2004]
B. 
Applicants are ineligible for additional permits until one year has elapsed since issuance of the first permit.
C. 
Merchants or peddlers not having a regular, fixed, fully enclosed place of business within the City may be issued a permit by the Glen Cove Police Department for a period of one year, provided that they conduct their business in one location for not more than 30 minutes on any given day except for vendors at special events who shall be permitted to conduct business for the duration of the event. Permits may be renewed by the Glen Cove Police Department subject to the same conditions for additional periods of one year.
[Amended 8-24-2004]
D. 
It shall be a violation for the owner, lessee or other party in control of real property to knowingly permit said property to be used in violation of this section.
E. 
The fee for the above permits shall be set forth from time to time by the City Council by resolution.[1]
[Amended 5-27-1997 by L.L. No. 2-1997]
[1]
Editor's Note: The fee schedule is on file in the City offices. Former § 17.16.1F, regarding penalties, which immediately followed this subsection, was deleted 5-27-1997 by L.L. No. 2-1997.
F. 
The provisions of § 208-3B make the above amendments inapplicable to religious, charitable, political, civic or veterans organizations.
G. 
The following businesses which have received site plan approval from the Planning Board shall be exempt from this section:
[Amended 3-27-1990; 5-22-1990]
(1) 
Automobile dealers.
(2) 
Lumber businesses.
(3) 
Nursery centers.
(4) 
Masonry and building supplies.
(5) 
Tractor sales.
[Added 10-23-1990]
A. 
Legislative intent.
(1) 
It has come to the attention of the members of the City Council that there have been instances where citizens of the City of Glen Cove, especially young children, have been killed or seriously injured while going to and returning from frozen dessert trucks which stop on City roadways or the shoulders of such roadways for the purpose of selling frozen desserts to the public from these vehicles.
(2) 
It is the consensus of the members of the City Council that this section is necessary to protect the safety and well being of the citizens of Glen Cove.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FROZEN DESSERTS
Ice cream, frozen custard, french ice cream, french custard ice cream, artificially sweetened ice cream, ice milk, artificially sweetened ice milk, fruit sherbet, nonfruit sherbet, water ices, nonfruit water ices, quiescently frozen confection, quiescently frozen dairy confection, manufactured desserts mix, frozen confection, mellorine frozen desserts, parevin, frozen yogurt, freezer made shakes, freezer made milk shakes, lo-mel and dietary frozen dessert as all such products are commonly known, together with any mix used in such frozen desserts and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or nondairy products.
PERSON
Any individual, corporation, partnership, association or any other form of business entity engaged in the retail sale of frozen desserts directly to pedestrians from a motor vehicle.
C. 
Restrictions.
(1) 
A person shall vend only when the frozen desert truck is lawfully parked or stopped on a City road.
(2) 
A person shall vend only from the side of the frozen dessert truck away from moving traffic and as near as possible to the curb or edge of the City road.
(3) 
A person shall not vend to a pedestrian standing in the roadway of a City road.
(4) 
The driver of a frozen dessert truck shall not backup same to make or attempt a sale.
(5) 
The driver of a frozen dessert truck shall not permit any person, other than one directly aiding the driver in the sale of his or her product, to ride on or in the vehicle.
D. 
Penalty for violation. Any person who violates the provisions of this section shall be guilty of a traffic infraction. A first conviction shall be punishable by a fine of not more than $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. For a conviction of a second violation which was committed within a period of 18 months of the first violation, a person shall be punished by a fine of not more than $200 or by imprisonment for not more than 45 days, or by both such fine and imprisonment. For a conviction of a third or subsequent violation which was committed within a period of 18 months of the initial violation, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
E. 
Frozen dessert trucks. Conviction of any crime or misdemeanor involving the following shall result in the denial of the application, or the revocation of the license in the event that one has already been issued:
[Added 4-12-2005]
(1) 
A felony involving the use of a vehicle by the applicant within the last five years, except as otherwise specifically hereinafter provided.
(2) 
Leaving the scene of an accident.
(3) 
A crime against or involving children.
(4) 
A crime involving any sex offense.
F. 
Each applicant shall agree to be fingerprinted under the direction and supervision of the Chief of Police, and said fingerprint card and applicable processing fees shall be forwarded to the New York State Division of Criminal Justice Services for a full search. Nonrefundable fees, payable to the New York State Division of Criminal Justice Services, shall be in addition to any and all fees stated herein. The Chief of Police or his designee shall review the criminal history report generated from the New York State Division of Criminal Justice Services to make any determinations as to licensure.
[Added 11-22-2005 by L.L. No. 2-2005]
[Amended 8-24-2004]
The Police Department shall report to the Glen Cove Police Department all convictions for violations of this chapter and the Glen Cove Police Department shall record the reports of such violations.
It shall be the duty of any police officer of the City to require any person seen peddling or soliciting, and who is not known by such police officer to be duly licensed, to produce the peddler's and solicitor's license and to enforce the provisions of this chapter against any person found to be violating the same. The failure to produce a license upon demand shall be presumptive evidence that the party has no license.
[Amended 5-27-1997 by L.L. No. 2-1997]
Any person violating any provision of this chapter shall be liable to a penalty set in accordance with Chapter 1, General Provisions, Article II, General Penalty.