As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organizations.
PEDDLE
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 Village of Williston Park other than
from a fixed place of business.
PEDDLER
Any person or company who or which peddles as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous terms.
PERSON
Only a natural person or an individual, whether a resident of the
Village of Williston Park or not.
SOLICIT
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 Village of Williston Park or to distribute advertising matter.
SOLICITOR
Any person or company who or which solicits as herein defined.
An application for a license shall contain the following information:
A. Name and description of applicant.
B. Address of applicant (local and legal).
C. A brief description of the nature of the business and
the kind of goods or property to be peddled or solicited.
D. A statement as to whether or not the applicant has ever
been convicted of any crime, misdemeanor or violation of any municipal ordinance,
local law, rule or regulation and the nature of the offense and the punishment
or penalty assessed therefor, if any.
E. Two photographs of the applicant, taken not more than
60 days prior to the date of filing of the application, which pictures shall
be two inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner.
F. A statement that the applicant is a citizen and whether
citizenship was obtained by birth or naturalization and, if by naturalization,
the date and place where obtained. If the applicant is an alien, a statement
as to the date and place of registration shall be included.
G. If employed by the owner of a licensed vehicle to be
used in the trade, the name and address of such employer together with credentials
establishing the exact relationship.
H. If for a vehicle license, a description of the vehicle,
together with state license number or other means of identification.
I. If the applicant is a company, the name, address and
title of the officer thereof upon whom process or other legal notice may be
served.
The licensing officer may issue a license without the application required
under this chapter to any person who shall submit a certified copy of a license
issued by any other municipality within the County of Nassau whose licensing
requirements are substantially the equivalent to those established by this
chapter; provided, however, that such municipalities extend similar reciprocity
to licensees of the Village of Williston Park as determined by the licensing
officer.
Fees shall be as provided in Chapter
93, Fees. The annual fee therein provided for shall be assessed on a calendar year basis, and all licenses shall expire on the 31st day of December immediately following the date of issuance. There shall be no reduction in fees for fractional parts of the year.
Every peddler or solicitor licensed under this chapter shall have his
or her license in his or her immediate possession at all times when peddling
or soliciting and shall display the same upon demand of any person.
No license, license plate or badge issued under the provisions of this
chapter may be transferred from one person to another person or from one vehicle
to another vehicle, nor shall the badge so issued be used or worn at any time
by any person other than the one to whom it was issued.
No peddler or solicitor shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location, nor
shall any be permitted to operate in any congested area where his or her operation
might impede or inconvenience the public. For the purpose of this chapter,
the judgment of any police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or inconvenienced.
If the applicant for a peddler's or solicitor's license uses scales
or measures in his or her business, the applicant shall also file with his
or her application for a license a certificate issued by the Nassau County
Sealer of Weights and Measures that the applicant's scales or measures have
been tested and sealed.
Any honorably discharged veteran of the armed services of the United States or a widow of a deceased veteran who has obtained a veteran's license from the Nassau County Clerk to hawk, peddle, vend or solicit trade in pursuance of law on the streets and highways of the county shall be exempt from the provisions of §
157-6 of this chapter. In lieu of a license as prescribed in §
157-4C of this chapter, the Village Clerk, upon approval of the veteran's application, shall issue a badge and permit to said veteran to ply his or her trade within the Village of Williston Park, subject to all other provisions of this chapter. Such permit will be stamped in ink on the face of the county license.
This chapter will not apply to religious and charitable organizations. The provisions of §§
157-2 to
157-9, inclusive, 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.
It shall be the duty of any police officer of the County of Nassau to
require any person seen peddling or soliciting and who is not known by such
police officer to be duly licensed to produce his or her peddler's or solicitor's
license and to enforce the provisions of this chapter against any person found
to be violating the same.
The Police Department shall report to the Village Clerk all convictions
for violation of this chapter, and the Village Clerk shall record the reports
of such violations.
Any person aggrieved by the action of the licensing officer in the denial of an application for a license as provided in §
157-4 of this chapter or in the decision of the licensing officer with reference to the revocation of a license as provided in §
157-17 of this chapter shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
[Amended 10-1-1984 by L.L.
No. 6-1984]
Any person violating any provision of this chapter shall be guilty of a violation punishable as provided in Chapter
1, §§
1-18 and
1-19 of this Code.