The purpose of this article is to prevent fraud, crime and unethical conduct and is for the general protection, health and welfare of the residents of the Village of Brewster.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
CANVASSING
The personal contact one makes with another, either on the highways and streets of this Village or on public or private property other than his own, for the purpose of raising funds for, supporting goals of or recruiting new members into any organization. Canvassing shall also be deemed to be making surveys for research purposes, analysis, opinion polls, rating data and any such similar work which, of its nature, involves a door-to-door or place-to-place activity.
PERMIT
The permit issued by the Village Clerk to a representative or representatives of an organization to canvass and solicit.
PERSONAL CONTACT
The face-to-face canvassing or soliciting of a person by another. Mail and telephone contact does not require a permit under this article.
SOLICITING
Includes any request, offer, enticement or action which announces the availability for or of employment, labor or personal services to be rendered. As defined herein, solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, and transaction is completed or an exchange of money or other property takes place.
B. 
Gender. The terms "he," "him" or "his" shall also mean "she," "her" or "hers."
It shall be unlawful for any person to canvass within the Village of Brewster without having first obtained and having in full force and effect a permit therefor.
The applicant must furnish the data required in § 179-4A(1), (2), (3) and (4), together with the purpose or purposes of the canvass.
The applicant shall submit a filing fee in accordance with § 179-5 of this chapter.
Provided that the applicant has furnished the data required by § 179-16, the Village Clerk shall forthwith issue a permit to the applicant. Each canvasser must plainly display his permit on his clothing while canvassing.
A permit shall not be denied unless the applicant fails to furnish the information required by § 179-16. Notice of such omission shall be furnished to the applicant by the Village Clerk, in writing, within 48 hours of the denial.
The permit shall authorize the canvassing by the applicant for a period not exceeding three months from the date of its issuance.
A. 
No permit once duly issued shall be revoked except upon one or more of the following grounds:
(1) 
The use of the permit by a person other than the person to whom such permit is issued.
(2) 
The conviction of the permit holder of a crime or offense committed in the Village of Brewster during the permit period.
(3) 
Failure to obey any of the listed requirements of this article.
B. 
Appeals. Any person aggrieved by the action of the Village Clerk in the denial of the application for a license as provided in § 179-3 shall have the right to appeal to the Village of Brewster Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for such appeal. The Village of Brewster Board of Trustees shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant at the address set forth on the application at least 10 days prior to the date set for the hearing. The decision and order of the Village of Brewster Board of Trustees on such appeal shall be final and conclusive.
No canvasser or solicitor shall represent that the granting of a permit hereunder signifies an endorsement of the methods, goals or precepts of the organization by the Village of Brewster.
A. 
It shall be unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks, parking lots and driveways, to solicit, or attempt to solicit, employment, business or other property from any person traveling in a vehicle along a public right-of-way, including but not limited to public streets, highways or driveways.
B. 
It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway.
C. 
Should an owner, tenant or manager of private property display a sign prohibiting canvassing or soliciting, the permit granted hereunder shall not authorize the permittee to enter upon such property. Further, no permittee should engage in any inconsonant touching of another person or interfere with the pedestrian or vehicular traffic flow while conducting his solicitation. Disregard of such prohibitions shall result in revocation of the permit.
A. 
Nothing in this article shall be held to apply to:
(1) 
Any sales conducted pursuant to statute or by order of any court.
(2) 
Any person selling personal property at wholesale to dealers in such articles.
(3) 
Merchants having established places of business within the Village or their employees soliciting orders from customers and delivering same.
(4) 
A solicitation to perform employment or business for the owner or lawful tenants of an established place of business.
B. 
This article shall not apply so as to unlawfully interfere with interstate commerce.
C. 
A child 18 years or under enrolled in any public, parochial or private school and living within the Village of Brewster is exempt from the provisions of this article.
Political activities are exempt from the provisions of this article.
Anyone canvassing or soliciting without a permit shall be guilty of a violation of this article punishable by a penalty not to exceed $250 or a jail term not to exceed 15 days, or by both penalty and imprisonment.
Not withstanding anything to the contrary within this article, the Village of Brewster Board of Trustees is hereby authorized to establish from time to time "for-hire work zones" within the Village of Brewster geographic limitations. Wherein individuals may perform acts of soliciting upon the establishment of such for-hire work zones, individuals soliciting in such areas shall obtain a permit therefor by making application therefor in accordance with the provisions of § 179-4A(1) and (2) and 179-4B of this chapter.[1] Such permit shall be valid for one year. Such permit shall be valid only for soliciting activities in the designated for-hire work zone area. Such permits shall be subject to revocation as otherwise provided in § 179-21A and B of this article. Appeals of any decision revoking such permit as provided for herein shall be governed by § 179-21.
[1]
Editor's Note: The "Application for Permit - For-Hire Work Zone" which originally accompanied this chapter is on file in the Village offices.