[HISTORY: Adopted by the Town Board of the
Town of Islip 7-23-1957; amended in its entirety 4-23-2013. Subsequent
amendments noted where applicable.]
It shall be unlawful for any solicitor or canvasser, as defined in § 46-2 of this chapter, to engage in such business within the corporate limits of the Town of Islip without first obtaining a license therefor in compliance with the provisions of this chapter.
A.
It shall be unlawful for any person to enter upon residential premises,
whether publicly or privately owned, for the purpose of soliciting
or canvassing except after 9:00 a.m. of any day and prior to 1/2 hour
before sunset.
[Amended 7-17-2018]
B.
It shall be unlawful for any solicitor or canvasser, in plying his
trade, to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to the 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
purport to prohibit soliciting or canvassing on the premises.
C.
It shall be unlawful for any person to solicit or canvass in, at
or upon any residential property, whether such residential property
is publicly owned or privately owned, except upon the prior invitation
and with the prior consent of either an owner or a resident of such
premises.
D.
Term defined. For the purpose of this section, the term "residence"
or "residential property," when applied to a hotel, motel, boatel,
rooming house, boardinghouse or garden apartment, shall include an
individual apartment, room or suite of rooms, building, structure
or group of buildings or structures.
E.
It shall be unlawful for any person to transfer or assign any license
issued under the provisions of this chapter to any other person.
For the purpose of this chapter, the terms used herein are defined
as follows:
Any individual, whether resident of the Town of Islip or
not, traveling either by foot, wagon, automobile, motortruck or any
other type of conveyance from place to place, from house to house
or from street to street, taking or attempting to take orders for
sale of goods, wares and merchandise, personal property of any nature
whatsoever for future delivery, or for services to be furnished or
performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not, provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the Town for the sole purpose
of exhibiting samples and taking orders for future delivery.
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, copartnership
or society or any other organization.
[Amended 7-17-2018]
A.
Applicants
for a license under this chapter must file with the Town Clerk a sworn
application in writing (in duplicate) on a form to be furnished by
the Town Clerk, which shall give the following information:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address of the applicant.
(3)
A brief description of the nature of the business and the goods to
be sold.
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
The place where the goods or property proposed to be sold or orders
taken for the sale thereof are manufactured or produced; where such
goods or products are located at the time said application is filed
and the proposed method of delivery.
(7)
A photograph of the applicant taken within 60 days immediately prior
to the date of filing of the application, which picture shall be two
by two inches, showing the head and shoulders of the applicant in
a clear and distinguishing manner.
(8)
The names of at least two reliable property owners of the County
of Suffolk, New York, who will certify as to the applicant's
good character and business respectability or, in lieu of the names
of references, such other available evidence as to the good character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
(9)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
(10)
If the applicant proposes to operate a vehicle in connection with
the license, a description of the vehicle with a license plate number
or other means of identification, and the applicant's driver's
license number as issued by the New York State Department of Motor
Vehicles.
(11)
If applicant is a corporation or association, the name, address and
title of the officer upon whom process or other legal notices may
be served.
(12)
A New York State sales tax identification number for all corporations,
partnerships, associations or other similar type business entities.
In the event that an individual applicant does not possess such number,
the individual's social security number shall be substituted
therefor.
(13)
Any additional information which the Town Clerk may deem necessary
for the purpose of administering the provisions of this chapter.
B.
Any
change in circumstance with regards to the information provided in
the application or the license shall be reported to the Town Clerk
within 30 days of occurrence.
A.
Upon
receipt of such application, the original shall be referred to the
Town Clerk, who shall cause such investigation of the applicant's
business and moral character to be made as he deems necessary for
the protection of the public good.
B.
If
as a result of such investigation the applicant's character and
business responsibility are found to be unsatisfactory, the Town Clerk
shall endorse on such application his disapproval and his reasons
for the same and shall notify the applicant that his application is
disapproved and that no license will be issued.
C.
If
as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Town Clerk shall
endorse on the application his approval and shall issue a license
to the applicant for the carrying on of the business applied for,
upon payment of the prescribed license fee. Such license shall contain
the signature and seal of the issuing officer and shall show the name,
address and photograph of said licensee, the amount of fee paid, the
date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in such business. The Clerk shall keep a permanent
record of all licenses issued.
D.
Temporary license.
(1)
The Town Clerk may issue a temporary license to an applicant who
is otherwise qualified, pending the investigation of the applicant's
application for a full solicitor's or canvasser's license.
Such a temporary license should only be issued when the applicant
has demonstrated an immediate need and after a full application has
been filed.
(2)
The holder of a temporary license shall be subject to all the provisions
of this chapter. The duration of a temporary license shall be determined
by the Town Clerk and in no event shall be longer than 45 days, and
such license may be revoked by the Town Clerk, for cause shown, at
any time.
A.
The license fee which shall be charged by the Town Clerk for such
license shall be $100 per year for each person, provided that any
solicitor representing a licensed person and who shall have been registered
by said person with the Town Clerk as an agent of said person and
who shall have been investigated by said licensed person and found
to be reliable and reputable shall be issued a solicitor's license
upon payment of an additional fee of $25 and satisfactory investigation
by the Town Clerk. Such certification shall be in a manner satisfactory
in form to the Town Clerk. All other individual solicitors shall pay
the said fee of $100.
B.
The annual fees herein provided shall be assessed on a calendar-year
basis, and on or after July 1 the amount of such fee for annual license
shall be 1/2 the amount stipulated above for the remainder of the
year.
C.
None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Supervisor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Supervisor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Supervisor shall then conduct an investigation, comparing the applicant's business with other businesses of like nature, and shall make findings of fact from which he shall determine whether the fee fixed by this chapter is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Supervisor shall have the power to base the fee upon a percentage of gross sales or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by § 46-5A of this chapter. Should the Supervisor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of the applicant's business in the Town of Islip or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license fee as prescribed in § 46-5A of this chapter.
[1]
Editor's Note: Former § 46-6, Bond, was repealed 7-17-2018.
The Town Clerk shall issue to each licensee at the time of delivery
of his license a card which shall contain the words "Licensed Solicitor,"
the period for which the license is issued and the number of the license,
in letters and figures easily discernible from a distance of 10 feet.
Solicitors and canvassers are required to carry with them while
soliciting and to exhibit their licenses at the request of any citizen.
It shall be the duty of any police officer of Suffolk County
to require any person seen soliciting or canvassing and who is not
known by such officer to be duly licensed, to produce his solicitor's
or canvasser's license, and to enforce the provisions of this
chapter against any person found to be violating the same.
The Town Clerk shall maintain a record of all convictions for
violation of this chapter.
A.
Licenses issued under the provisions of this chapter may be revoked
or suspended by the Town Board of the Town of Islip after notice and
hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or as canvasser;
(3)
Any violation of this chapter;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
or
(5)
Conducting the business of soliciting or of canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
C.
The Town Board may appoint an administrative hearing officer to conduct
an appeal hearing on the suspension or revocation of a license. The
hearing officer shall submit her written findings and recommendations
to the Town Board.
Any person aggrieved by the action of the Town Clerk in the denial of a license as provided in § 46-4 of this chapter, or the action of the Supervisor in the assessing of the fee as provided in § 46-5C of this chapter, shall have the right of appeal to the Board of the Town of Islip. Such appeal shall be taken by filing with the Board, 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 Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 46-11 of this chapter for notice of hearing on revocation. The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial of a license. The hearing officer shall submit her written findings and recommendations to the Town Board. The decision and order of the Town Board on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this chapter
shall expire on the 31st of December in the year when issued. Other
than annual licenses shall expire on the date specified in the license.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punished by a fine of not less than $500
nor more than $2,000 or by imprisonment for not to exceed 15 days,
or both such fine and imprisonment.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of ordinances inconsistent with the
provisions of this chapter be and the same are hereby repealed.
This chapter shall take effect September 1, 1957.
A.
Organizations chartered under the Religious Corporation Law or Not-For-Profit
Corporation Law of the State of New York, or their duly accredited
representatives, provided that such organization and representative
have registered with the Town Clerk. Said Town Clerk may require proof
that the organization is chartered under either of these laws. The
Town Clerk shall issue a letter of exemption valid for one year from
date, and a copy of such letter shall be carried by the representative
and exhibited upon request.
B.
Persons under 16 years of age who are soliciting for an organization
recognized by the Town Clerk as a local not-for-profit organization
when said organization has requested and obtained approval, good for
one year, from the Town Clerk. Requests may be made by mail on the
letterhead of the organization, and copies of the Town Clerk's
letter recognizing the exempt status shall be carried by the solicitor
and exhibited upon request.
C.
The following shall be exempt from the provisions of this chapter:
(1)
Persons engaged in delivering merchandise of any nature whatsoever
on regular, scheduled delivery routes to regular customers.
(2)
A person or persons licensed by the State of New York to conduct
a specific business or businesses to which the provisions of this
chapter would be otherwise applicable.
(3)
Sales conducted pursuant to statute or court order.
(4)
A commercial salesperson or deliveryman calling exclusively on wholesale
or retail establishments or to other business firms with the Town.
(5)
Any person selling personal property or other merchandise to dealers
and/or retailers engaged in the trade of selling such articles in
a business in the Town.
(6)
Political organizations and their candidates and representatives.
