Article IX Peddling, Soliciting and Distribution of Unsolicited Printed Material

Generally. Nothing in this section shall be held to apply to the following:

Sales conducted pursuant to statute or by order of any court.

Any person selling personal property at wholesale to dealers in such articles.

Persons under the age of 18 years.

(d)

Persons licensed pursuant to § 32 of the General Business Law.

Interstate commerce. This section shall not apply so as to unlawfully interfere with interstate commerce, and, to that end, all persons claiming to be engaged in interstate commerce shall apply to the officer authorized to issue licenses under this section (hereinafter referred to as the "licensing officer" as defined in Subsection D herein) for a certificate of compliance. A certificate of compliance shall be issued upon submission of an application for the same pursuant to Subsection B(3) herein and upon presentation by the applicant of satisfactory evidence that he or she is engaged in interstate commerce.

Certificate of compliance. When the licensing officer has received an application for a certificate of compliance and satisfactory evidence that the applicant is engaged in interstate commerce, the licensing officer shall issue to the applicant, without charge, a certificate of compliance. The certificate of compliance shall state, among other things, that the person to whom the certificate has been issued has complied with the requirements of this section and has satisfactorily established that he or she is engaged in interstate commerce. The certificate of compliance shall be carried by the person to whom it is issued who shall exhibit the same upon demand. Each certificate of compliance shall be valid for a period of one year from its date of issue. The acquisition of any certificate of compliance by fraud or misrepresentation by any person not engaged in interstate commerce shall constitute a violation of this section.

License required. It shall be unlawful for any person within the limits of the Village to act as a peddler, hawker or solicitor, as herein defined, or to assist the same without either first having obtained and paid for and having in force and effect a license therefor or having in force and effect a certificate of compliance.

Licensing officer. The officer authorized to issue licenses and certificates of compliance pursuant to this section shall be the Mayor or such other Village officer as shall be designated in writing by the Mayor. Such officer, for purposes of this section, shall be known as the "licensing officer."

License application.

Application for a license required under Subsection C shall be made in writing on a form prescribed by the licensing officer and filed with the licensing officer. The application for a license pursuant to this section shall contain, at a minimum, the following information:

The name and address of the applicant.

The name, social security or federal tax identification number, and address of the person, the office, corporation, or entity he or she represents and, if other than a natural person, a letter of authorization from such entity.

If the applicant is other than a natural person, the name, address, and title of an officer or agent upon whom legal process or legal notices may be served within the State of New York and the federal tax identification number of the entity.

(d)

A description of the types of goods, wares or merchandise to be sold or the kind of services the applicant intends to perform.

(e)

The locality of the proposed sale of goods, wares or merchandise or the rendering of services to be performed.

(f)

The length of time for which the license is to be sought.

(g)

A description of the number and kind of vehicles and/or equipment to be used by the applicant in conducting the sale of goods, wares and merchandise or performance of services under the license, including the name and address of each registered owner thereof and the license plate of each vehicle.

(h)

A statement concerning whether or not the applicant has ever been convicted of a misdemeanor or felony and, if so, the date of conviction, the nature of the offense, the penalty imposed, and the name and address of the court.

(i)

A listing of all licenses for peddling or vending issued by any state, municipality or other authority currently held by the applicant and all instances in which such licenses may have been revoked or suspended.

(j)

Two passport-size photographs of the applicant.

(k)

Any other information as may be required by the licensing officer regarding the applicant's fitness to conduct business under a license issued pursuant to this section.

If applicable, the application for a license pursuant to this section shall be accompanied by a certificate from the Director of Weights and Measures of Nassau County. Such certificate shall verify that all weighing and measuring devices to be used by the applicant have been examined and approved.

If the application is made by a partnership, firm, group, association, limited liability company or corporation, only one license fee shall be required for such application, but additional applications shall be filed for each and every salesperson, solicitor or employee of such applicant engaged in the applicant's business in any manner within the Village.

Examination at discretion of licensing officer. If the licensing officer shall so require, the applicant for a license under the provisions of this section shall submit himself or herself to an examination. The purpose of such examination shall be for the licensing officer to determine whether the applicant is a fit and proper person to whom such license shall issue and/or whether the activities for which the license is sought are proper and legitimate.

Cash deposit or bond. An application for a license as a peddler, hawker or solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery shall be accompanied by either a cash deposit of the sum of $1,000 or a surety company bond or other bond acceptable to the Village Attorney in the sum of $1,000. Any bond to be posted shall be conditioned upon the peddler, hawker or solicitor making the final delivery of the goods, wares, or merchandise ordered or performing services in accordance with the terms of the order. Failure to make the final delivery of the goods, wares or merchandise ordered or failure to perform services in accordance with the terms of the order will necessitate a refund of the advance payment made on the order. Any person aggrieved by the action of a licensed peddler, hawker or solicitor shall have the right by action on the bond or for the cash for the recovery of money or damages, or both. Any bond which is posted shall remain in full force and effect and, in the case of a cash deposit, such deposit shall be retained by the Village for a period of 90 days after the expiration of any such license unless sooner released by the licensing officer.

Issuance of license; appeal upon denial.

Licensing officer to issue or deny. Upon the filing of an application as required under Subsection E, the posting, if required, of any cash or bond as required under Subsection G, and the payment of any fee required pursuant to this section, the licensing officer shall, upon his or her approval of such application, issue a license to the applicant as provided herein. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the licensing officer, renders the applicant unfit or undesirable to carry out the business of selling or performing the services for which the license is sought. The licensing officer may also refuse a license to any person who, in his or her judgment, shall be an undesirable person or incapable of properly carrying out the business of selling or performing services for which the license is sought.

Appeal to Board of Trustees. Any applicant who has been refused a license by the licensing officer may appeal the decision of the licensing officer to the Village Board of Trustees. An appeal shall be made in writing to the Board of Trustees within 30 days of the date on which the application was denied. The appeal shall consist of the submission to the Board of Trustees of the application for the license together with all supporting documentation submitted with the application, along with the findings of the licensing officer regarding denial of the application. Upon appeal and after review of the information regarding the application, the Board of Trustees may either grant or deny the application as provided in this chapter and, prior to such decision, may require a hearing in the issues of the appeal.

Use of license by another prohibited. 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 and subject to the penalties prescribed herein.

Loss of license. 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, may be issued by the licensing officer 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. All costs and fees associated with the issuance of a duplicate license shall be set by the Board of Trustees.

Contents and form of license. All licenses shall be issued from a properly bound receipt book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold, the type of services to be rendered, the number of the license issued, the date of issuance and expiration of the license, the fee paid for the license, and the name, social security or federal tax identification number and address of the licensee. Any license issued hereunder shall bear a photograph of the licensee.

Term of license. Any license issued pursuant to this section shall be for such term as requested by the applicant but shall expire not later than the 31st day of December of the year in which the license is issued unless specified thereon to expire at an earlier date.

Display of license. Every licensee, while exercising his or her license, shall carry the license with him or her and shall exhibit the same upon demand.

License fee. The license fee shall be in such amount as shall be determined from time to time by resolution of the Board of Trustees and shall be paid to the Village before engaging in any activity requiring a license pursuant to this section.

License revocation. All licenses issued under the provisions of this section shall be revocable at any time by the licensing officer on behalf of the Mayor or the Board of Trustees, with or without notice, for any cause for which such license might have originally been refused or for any violation of any provision of said license or for any violation of this section.

Prohibited acts.

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 5:00 p.m. of any day except upon the invitation of the householder or occupant.

No peddling, hawking or soliciting shall be permitted on Sundays or legal holidays unless special written permission therefor shall have been given by the Board of Trustees.

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 Hawkers," "No Solicitors," "No Agents" or other wording the purpose of which purports to prohibit peddling or soliciting on the premises.

(4)

No peddler, hawker, or solicitor shall peddle, vend, or sell his or her goods, wares or services within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall he or she permit his or her cart, wagon or vehicle to stand on any public highway within said distance of such school property.

(5)

No peddler, hawker, or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or service to be performed. 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.

(6)

No peddler, hawker, or solicitor shall blow a horn, play music, ring a bell, or use any other noisy device to attract public attention to his or her wares or services, or shout or cry out his or her wares or services, except as otherwise permitted in this Code.

(7)

It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates, motor vehicles or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise or for advertising the performance of any services.

(8)

No peddler, hawker, or solicitor shall represent or state or otherwise indicate that he or she is not intending to sell or otherwise enter into a contract with any person in the household.

(9)

Notwithstanding any other provision in this section, no person shall enter upon any private residential property, including apartment houses, condominiums, and cooperatives, in the Village for the purpose of vending, peddling, hawking, or soliciting an order for any merchandise, device, work, services, books, periodicals 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 in person any handbill, pamphlet, notice or advertising material; nor for the purpose of selling or distributing any ticket or chance whatsoever without the consent of the occupant of said premises previously given. Such shall not apply to:

Organizations the principal beneficiaries of which are minors;

Volunteer fire departments; or

The solicitation of members of an organization, society or church by its own members.

(10)

Any contract or sale made in violation of Subsection P(5), (8) or (9) shall be null and void and of no effect as to the person solicited, and any merchandise delivered or services performed shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler, hawker, or solicitor and his or her principal.

Orders. All orders taken by licensed peddlers, hawkers, or solicitors who demand, accept or receive payment or deposit of money in advance of final delivery or performance of final services shall be in writing and made 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 is paid to the peddler, hawker or solicitor.

Records. It shall be the duty of the Village Clerk/Treasurer to keep a record of all applications and of all licenses granted under the provisions of this section, giving the number and date of each license, the fee paid and the date of revocation of all licenses revoked.

Presumptive evidence of violation.

The presence of a person upon or about the premises of a residence or building, wherein he or she is not a tenant or occupant, while such person is in the possession of a quantity of goods, wares and merchandise, or while such person is performing services, without giving, upon inquiry, other valid reasons for being thereon, shall be deemed presumptive evidence of the fact that such person has violated this section.

§ 179-59 Distribution of unsolicited printed material.

The fact that a person has peddled, hawked, solicited, vended, or advertised by crying the offer to purchase or sell any goods, wares or merchandise, beverages, refreshments or other commodities or to perform services either in the streets or public places of the Village, or by going from house to house therein for said purposes, shown either by direct proof or by the presumption hereinbefore provided, shall be further presumptive evidence that such peddling, hawking, soliciting or vending was not for the products exempted by Subsection B and that such sale was without a license.

Findings. Numerous individuals or organizations distribute newspapers, magazines, handbills and other papers by depositing the same on driveways, sidewalks or lawns of private residences and premises. The indiscriminate distribution of printed matter upon residential property creates a significant risk to the public in that the accumulation thereof is an open invitation to burglary and creates a hazard for pedestrians. Said manner of indiscriminate distribution is, in addition, unsightly, contributes to litter, results in expenditure of public funds in order to eliminate the same and constitutes an invasion of privacy of those who do not wish to receive such material. Additionally, the placing of handbills on vehicles on private and public property causes a severe litter problem, is unsanitary and unsightly and results in the expenditure of public funds in order to eliminate the same.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DISTRIBUTOR

Any person, firm, partnership, association, corporation, company or organization engaging or engaged in the business for hire or gain of distributing commercial or noncommercial unsolicited print materials, other than newspapers distributed to subscribers thereof, and any person receiving compensation, directly or indirectly, for the distribution of such solicitation materials.

NEWSPAPERS

Any printed matter of general circulation published for the dissemination of news or community information and any periodical, newsletter, or magazine regularly published with not fewer than four issues per year and sold to the public. Excluded are unsolicited newspapers which are not delivered pursuant to a subscription agreement. Such unsolicited newspapers shall be considered unsolicited print material pursuant to this section.

PRIVATE PREMISES

All property which is not a public place, including but not limited to any land, building or other structure designed or utilized for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structures appurtenant thereto and vacant land.

PUBLIC PLACE

The streets, alleys or other public ways, public parks, public buildings, public grounds, and public parking lots of the Village.

UNSOLICITED PRINT MATERIAL

Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed matter or literature, other than a newspaper, including but not limited to those which:

Advertise for sale or lease any article, merchandise, product, commodity or thing;

Advertise for the promotion of any trade, profession, service for hire or employment of any service;

Direct attention to or advertise any theatrical performance or exhibit or any dining menu or service;

(4)

Direct attention to any business, mercantile, professional, trade or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interests thereof by sale, use or employment thereof; or

(5)

While containing reading matter other than advertising matter, are distributed or circulated for advertisement purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

Certificate of registration.

No person shall distribute or cause to be distributed any unsolicited print material to private premises within the Village of Roslyn without first having obtained a certificate of registration from the Village Clerk/Treasurer.

All persons desiring to distribute or cause to be distributed any unsolicited print material to private premises in the Village of Roslyn shall file with the Village Clerk/Treasurer a registration statement on forms provided by the Village Clerk/Treasurer containing the following information:

The name of the unsolicited print material or a description of the general type of unsolicited print material to be distributed.

The owner or publisher of the unsolicited print material or of the person or organization, if any, distributing the material.

Whether the person distributing or causing the distribution of the unsolicited print material is a natural person, partnership, corporation or association.

(d)

If a natural person, his or her business or residence address and telephone number.

(e)

If a partnership, the identity of the partners and the principal business address and telephone number of the partnership, together with the local business address and telephone number, if any.

(f)

If a corporation, whether it is domestic or foreign, the state of incorporation, the principal office, address and telephone number of the corporation and the address and telephone number of the local office or agent, if any.

(g)

The anticipated frequency of distribution of the unsolicited print material.

The Village Clerk/Treasurer shall issue a certificate of registration immediately upon the filing of a completed registration statement. If the registration statement has not been completed, the Village Clerk/Treasurer shall inform the person filing the registration statement of the specific information which is lacking. The Village Clerk/Treasurer shall also provide to the person receiving the certificate of registration and shall mail to the address specified in the registration statement the names and addresses of any persons who have notified the Village Clerk/Treasurer, pursuant to Subsection D herein, that they do not wish to receive delivery of unsolicited print material.

(4)

The certificate of registration shall be valid for the calendar year for which it was issued. A new registration statement must be filed at such time as there is any change in the information provided in the registration statement prior to a distribution in subsequent calendar years.

List of persons refusing delivery of unsolicited print material.

The Village Clerk/Treasurer shall maintain a list of addresses of the owners, occupants, tenants, or persons in charge of private premises who have notified the Village Clerk/Treasurer that they do not wish to receive delivery of unsolicited print material. The Village Clerk/Treasurer shall revise said list when notified that an individual desires to withdraw a prior notification that he refuses to receive delivery of the aforementioned materials. All notifications herein to the Village Clerk/Treasurer must be in writing. Whenever the Village Clerk/Treasurer ascertains that the ownership or tenancy of any premises has changed, the Village Clerk/Treasurer shall revise the aforementioned list by deleting said address from the list. The list compiled and the written requests for nondelivery shall be available for inspection pursuant to Article 6 of the Public Officers Law.

The Village Clerk/Treasurer shall furnish a copy of the aforementioned list to each person who is issued a certificate of registration and shall mail a copy of said list to the address specified in the registration statement filed pursuant to this section. The Village Clerk/Treasurer shall mail a revised list to the address specified in the registration statement once per year if there are any deletions or additions to said list.

It shall be unlawful for any person to distribute, throw, cast, place, or cause or permit to be distributed, thrown, cast, or placed any unsolicited print material upon any part of the private premises of any person who has refused delivery thereof, pursuant to this section, after delivery of a list containing the addresses of persons refusing delivery thereof to a person filing a registration statement. Delivery of a list to a person filing a registration statement shall be deemed to have occurred 15 days after the date on which a revised list has been mailed to a distributor pursuant to Subsection D(1).

Method of delivery of unsolicited printed material.

Where the delivery of unsolicited print material has not been refused by the owner of private premises, delivery of such unsolicited print material to such private premises shall consist of the placement of the material into the hands of the intended recipient.