Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation,
or their agents or representatives, to proselytize, canvass or to
distribute handbills, pamphlets or other written material or solicit
donations or contributions of money or property or financial assistance
of any kind upon the streets, in the offices of businesses' buildings,
upon private property, by house-to-house canvass or in public places
in the Village of South Floral Park without a license previously issued
pursuant to this chapter.
[Amended 4-1-1993 by L.L.
No. 1-1993]
Application for a license as provided in this chapter shall
be in writing and addressed to the Administrator of the Village of
South Floral Park and shall contain the following information:
A. Name, address and purpose of the cause for which the license is sought.
B. Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C. Time for which permission is sought and localities and places of
activity.
D. Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E. Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F. Such other information as the Board of Trustees may require.
[Amended 4-1-1993 by L.L.
No. 1-1993]
All applications must be accompanied by a processing fee of
$25 payable to the Administrator, Village of South Floral Park.
[Amended 4-1-1993 by L.L.
No. 1-1993]
Upon receiving such application, the Administrator shall present
the same to the Board of Trustees at its next regular meeting. The
Board of Trustees shall approve the application of all bona fide applicants
who have complied with the above provisions.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A. All activity must be conducted on weekdays only between the hours
of 10:00 a.m. and 4:00 p.m., or during such other reasonable hours
as may be established by the Board of Trustees.
B. Any organization, society, association, company or corporation licensed
under this chapter shall not have more than 10 individuals engaged
in the activity at any one time.
C. The license shall be effective for no more than 30 consecutive days.
D. The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees, in writing, that they do not desire noncommercial solicitations.
Any person not desiring noncommercial solicitation upon the
person's private property may advise the Board of Trustees by
written notice objecting to any or all such solicitation or distributions.
Such notice shall include the name of the person filing; the address
of the property affected; the date of such filing; a statement specifically
identifying the organizations or institutions which the person filing
objects to permitting entrance onto his private residential property
for the purpose of solicitation or distribution; or that all such
solicitation or distribution is objected to.
All persons soliciting donations or contributions or proselytizing
pursuant to this chapter shall, at all times during such period, carry
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the solicitation. Each
identification card shall be displayed on the outer garment and shall
plainly show the name of the person who is soliciting, his or her
photograph and the person, organization, society, association, company
or corporation on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees
pursuant to any part of this chapter may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application
for a license.
B. Violation of any of the restrictions imposed on the issuance of such
license or on the conduct of any solicitations so licensed.
Except as provided in §
129-10, it shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle or solicit orders for the purchase or sale of goods, wares, merchandise or other commodities in the streets or public places of the Village of South Floral Park or by going from house to house within the Village or by maintaining at any fixed point or place on the streets, highways or public places in the Village of South Floral Park any wagon, cart, automobile, vehicle or stand for the purposes of hawking or delivering goods, wares or merchandise therefrom.
The provisions of §
129-9 shall not prohibit a duly licensed vending vehicle from selling products in the streets of the Village, provided that a license therefor is obtained as hereinafter provided:
A. Every applicant for such a license is required to submit to the Village
Administrator a written application supplying under affidavit the
following information: that he is a citizen of the United States,
has never been convicted of a felony or misdemeanor, is a fit and
desirable person and is capable of properly conducting the trade or
occupation desired.
[Amended 4-1-1993 by L.L.
No. 1-1993]
B. If satisfied that the applicant possesses the required qualifications,
the Village Administrator shall, upon receipt of the license fee,
issue a license to the applicant upon payment of the license fee of
$100.
[Amended 4-1-1993 by L.L.
No. 1-1993]
C. Such license shall be issued annually and shall expire on the 31st
day of December next succeeding the date of issuance thereof.
This chapter shall not apply to persons for whom exemption is
made by any special provision of law from any of the provisions of
this chapter; nor to any duly organized religious corporations, any
lodge, benevolent or fraternal order or any political organization
whenever such solicitation is made at the regular places of worship
or regular meeting places of such religious corporation, lodge, benevolent
or fraternal order or political organization; nor to a local community
group or organization, such as the Boy Scouts, Girl Scouts or other
such youth organization, or to any local political party or candidate,
provided that special permission is obtained from the Board of Trustees
for soliciting and canvassing by such group or individual.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.