[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
No person shall hawk, peddle solicit, sell or offer to sell
or solicit orders for the sale of any goods, wares or merchandise
or solicit subscriptions for any books, papers, magazines or periodicals
or offer any gift or sample in connection with a promotional campaign
for the sale of goods or merchandise or solicit contributions or solicit
orders for work, labor or services in any public place or on any private
property in the Village without first having obtained a license therefor
upon written application to the Police Department and, with respect
to entering private property, without also having first been expressly
requested or invited, in writing, to do so by the owner or lawful
occupant of such private land or building.
A.
Applicants for a license under this chapter must file with the Village
Clerk a sworn application, in writing (in duplicate), on a form to
be furnished by the Village Clerk, which shall give the following
information:
(1)
Name and description of the applicant.
(2)
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 good or property proposed to be sold, or orders taken
for the sale thereof, is 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 the application, which picture shall be two
inches by two inches, showing the head and shoulders of the applicant
on a clear and distinguishing manner.
(8)
The fingerprints of the applicant and the names of at least two reliable
property owners of the County of Nassau, 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 evaluate properly 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 thereof.
(10)
A statement by a reputable physician of the County of Nassau,
dated not more than 10 days prior to submission of the application,
certifying the applicant to be free of contagious, infectious or communicable
disease.
A.
Upon receipt of such application, the original shall be referred
to the Police Department, which shall cause such investigation of
the applicant's business and moral character to be made as it
deems necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's character
of business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same and return said application to the Village Clerk,
who 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
Chief of Police shall endorse on the application his approval, execute
a license addressed to the applicant for the carrying on of the business
applied for and return said license, along with the application, to
the Village Clerk, who shall, upon approval by the Board of Trustees
and upon payment of the prescribed license fee and the posting of
the bond required herein, issue and deliver to the applicant his license.
Such license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
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 soliciting or
canvassing. The Village Clerk shall keep a record of all licenses
issued.[1]
A.
The license fee which shall be charged by the Village Clerk for such license shall be in the amount required by Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville.
B.
The annual fee herein provided shall be assessed on a calendar-year
basis, and on or after July 1 of each year, the amount of such fee
for an 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 an applicant
for a license to place an undue burden upon such commerce, he may
apply to the Mayor for an adjustment of the fee so that it shall not
be discriminatory, unreasonable or unfair as to such commerce.
(1)
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 Mayor may deem necessary in order to determine the extent,
if any, of such undue burden on such commerce.
(2)
The Mayor 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 the 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.
(3)
In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales or any other methods 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 Subsection A of this section. Should the Mayor 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 applicants' business in the Village or at the end of each three-month period, a sworn statement of the gross sales and to pay the amount 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 Subsection A of this section.
Every applicant shall file with the Village Clerk a surety bond,
running to the Village, in the amount of $1,000, with surety acceptable
to and approved by the Mayor, conditioned that said applicant shall
comply fully with all the provisions of the Village Code and local
laws and the statues of the State of New York regulating and concerning
the business of solicitor and guaranteeing to any citizen of the Village
that all money paid as a down payment will be accounted for and applied
according to the representations of the solicitor, and further guaranteeing
to any citizen of the Village doing business with said solicitor that
the property purchased will be delivered according to the representations
of said solicitor. Action on such bond may be brought in the name
of the Village to the use or benefit of the aggrieved person.
Solicitors and canvassers are required to exhibit their licenses
at the request of any citizen or police officer. No person shall solicit,
hawk or peddle between the hours of sunset and 9:00 a.m.
It shall be the duty of any police officer of the Police Department
operating within the Village and the Code Enforcement Officer 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 Chief of Police shall report to the Village Clerk all convictions
for violation of this chapter, and the Village Clerk shall maintain
a record of each license issued and record the reports of violation
therein.
Permits and licenses issued under the provisions of this chapter
may be revoked by the Mayor of the Village for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for a license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on business as a solicitor or as a canvasser.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
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.
Any person aggrieved by the action of the Chief of Police or the Village Clerk in the denial of a license as provided in § 200-3 of this chapter or the action of the Mayor in assessing the fee as provided in § 200-4C or revoking a license as provided in § 200-9 of this chapter shall have the right to appeal to the Board of Trustees of the Village. Such appeal shall be taken by filing with the Board of Trustees, 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 appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and at least five days' written notice of such hearing shall be given to the appellant. The decision and order of the Board of Trustees on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this chapter
shall expire on the 31st day of December in the year when issued.
Other than annual licenses shall expire on the date specified in the
license.
