[HISTORY: Adopted by the Board of Trustees of the Village
of Great Neck as Ch. 138 of the 1976 Code; amended in its entirety 7-16-2013 by L.L. No.
9-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Village Clerk of the Village.
Shall include:
Single-family dwellings.
Freestanding stores, offices, and other nonresidential uses.
The separate units within a building with more than one occupancy,
whether such occupancies are residential, nonresidential, or mixed
use, and whether such unit is a rental, cooperative apartment, or
condominium.
Shall include:
The selling or offering for sale or soliciting orders for the
sale of any goods, wares, or merchandise.
The soliciting for subscriptions for any book, publication,
paper, magazine, or periodical.
The seeking of employment or the soliciting of orders for work,
labor, or services, whether to be performed within or without the
Village.
Peddling shall not include noncommercial free speech activities
protected by the United States Constitution.
It shall be unlawful for any person to peddle by going to a
house within the Village.
It shall be unlawful for any person to peddle upon the streets
or in any other public places, or in the offices of business buildings
within the Village without a license issued pursuant to this chapter.
A.
It shall be unlawful for any person to employ any trick or device
or by any false or misleading statement or representation to obtain
or to attempt to obtain admission to the house, garage, or other building
of any person within the Village for the purpose of peddling.
B.
Applications for licenses to peddle within the Village shall be in
writing, addressed to the Village Clerk, and shall contain the following
information:
(1)
The purpose of the application.
(2)
The name, street address, telephone number, fax number (if any),
and e-mail address (if any), and social security number or federal
employment identification number of the person seeking such permission.
(3)
The name, street address, telephone number, fax number (if any),
and e-mail address (if any), of each of the individuals who will be
peddling under the license.
(4)
A copy of the driver's license, if any, of each of the individuals
who will be peddling under the license.
(5)
An abstract of the driving record within New York State, for the
immediately prior four years, of each of the individuals who has a
driver's license who will be peddling under the license.
(6)
A current (within one month) record review from the New York State
Division of Criminal Justice Services of each of the individuals who
will be peddling under the license.
(7)
A list of all of the motor vehicles which may be within the Village
as a part of the peddling, including, as to each of such vehicle:
(8)
The dates and times when the peddling will be conducted.
(9)
If the peddling shall be of ice cream or other food served within
the Village, documentary proof of such licenses or other permits,
as may be required by the Nassau County Department of Health.
(10)
Such other information as from time to time the Board of Trustees
may by resolution require.
C.
All applications must be accompanied by a processing fee as established
from time to time by resolution of the Board of Trustees.
D.
Upon receiving such application, the Clerk shall present the same
to the Board of Trustees at its next regular meeting scheduled for
three business days after the receipt of a complete application. The
Board of Trustees shall approve the application of all applicants
who have complied with the above provisions and, for those individuals
who will be operating motor vehicles, whose driving records and criminal
records, in the discretion of the Board of Trustees, do not indicate
that they may represent a risk to the Village, and who have not previously
been found to have violated the terms of a prior peddler's license
within the Village, or of any of the other provisions of this chapter.
E.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
(1)
All peddling, with the exception of vendors of ice cream and other
dessert-type foods, which are sold directly from the motor vehicle
from which the peddling is taking place, must be conducted between
the hours of 9:00 a.m. and 5:00 p.m., Mondays through Fridays, only.
(2)
All peddling by vendors of ice cream and other dessert-type foods,
which are sold directly from the motor vehicle from which the peddling
is taking place, must be conducted between the hours of 9:00 a.m.
and 8:30 p.m., Mondays through Fridays, and 11:00 a.m. and 8:30 p.m.,
Saturdays and Sundays.
(3)
No license issued under the provisions of this chapter shall extend
for a term of more than six months. At the expiration of the term
of any such license, the applicant may apply for a new license.
(4)
Each individual peddling within the Village, at all times during
the course of such peddling, shall prominently wear an identification
tag with his or her name, the name of the applicant for the license,
and the term (including the expiration date) of the license, in clearly
legible lettering, as approved by the Village Clerk.
(5)
Each vehicle within the Village, at all times during the course of
such peddling, shall prominently display by the right side of the
front windshield, in a safe location, which does not obstruct the
driver's visibility, a copy of the license issued by the Village
Clerk.
(6)
Each vehicle within the Village, at all times during the course of
such peddling, when stopped on any public street, other than momentarily
at a stop sign, shall turn on its emergency hazard lights, or such
other equivalent blinking lights with which the vehicle may be equipped,
in both the front and in the rear of the vehicle.
A.
It shall be unlawful for any person to proselytize, canvass, or distribute
handbills, pamphlets, or other written material, or to solicit donations
or contributions of money, property, or financial assistance of any
kind, upon the streets, in the offices of business buildings, upon
private property by house-to-house canvass, or in public places in
the Village, except on Mondays through Fridays, excluding holidays,
between the hours of 9:00 a.m. and 9:00 p.m. and on Saturdays, Sundays,
and holidays between the hours of 11:00 a.m. and 6:00 p.m.
B.
Notwithstanding the foregoing, it shall be unlawful at all times
for any person to enter upon the premises of any Village resident
to proselytize, canvass, or distribute handbills, pamphlets, or other
written material, or to solicit donations or contributions of money,
property, or financial assistance of any kind, when:
(1)
Such resident has posted a "no solicitation" or "no trespassing"
sign or has otherwise provided notice to such person of such objection;
and/or
(2)
Such resident is on the list of residents not permitting entry upon
premises, as set forth below, and such person has received such list
with such resident's name and address upon it.
The Village shall maintain a list of residents within the Village
who have notified the Village Clerk by letter, e-mail, facsimile,
or other writing, a desire not to be visited by any person for the
purpose of proselytizing, canvassing, or distributing handbills, pamphlets,
or other written material, or soliciting donations or contributions
of money or property or financial assistance of any kind. Any such
request shall be good for two years unless renewed. The list of residents
choosing not to permit entry of such persons upon their premises shall
permit residents to distinguish between political, charitable, religious,
and other organizations.
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:
