The attention of the Board of Trustees of the Village of New
Hempstead has been directed to abuses and unscrupulous and disruptive
acts by street vendors and persons engaging in door-to-door soliciting
and selling of goods, merchandise and wares; that residents of the
Village may have been subjected to exaggerated, unethical and spurious
claims and representations with respect to such goods, wares and merchandise;
and that such conduct by street vendors and door-to-door solicitors
has violated the peace, good order and safety and general welfare
of residents of the Village. It is the intent of the Board of Trustees
of the Village of New Hempstead, by the enactment of this chapter,
to minimize and prevent the foregoing abuses and violations of the
rights of the residents of the Village and to protect them and the
general welfare as hereafter more fully provided.
It shall be unlawful for any person, firm, organization or other
entity subject to the provisions of this chapter to act or have any
person under its control represent him or it as a peddler, hawker,
solicitor, canvasser or sales agent, as defined herein, without first
having obtained and having in force and effect a license duly issued
as herein provided.
Every applicant for a license hereunder shall submit a verified
written application to the Village Clerk supplying the following information:
A. The name, permanent home address and local address, if any, of the
applicant.
B. A physical description of the applicant, setting forth:
C. A detailed statement of the particular business, trade or occupation
for which the license is requested and a description of the goods,
wares, merchandise or commodities offered for sale.
D. The name and address of the person, firm or corporation, if any,
he represents; the names and addresses of all partners, if a partnership;
the names and addresses of the principal officers, if a corporation;
and the name and address of a person upon whom a legal process and
notice may be served.
E. Prior arrests and the disposition thereof of the applicant and the
firm or corporation he represents, including the date and nature of
such arrest, and location of the court where such record or disposition
is on file.
F. The number and kind of motor vehicles to be used in carrying on the
business and the registration, license and insurance data for each
such vehicle and operators thereof.
G. The length of time for which the license and privilege to do business
is desired.
H. Two photographs, two inches by two inches in size, taken within 60
days immediately prior to the date of filing of the application, showing
clearly the face and shoulders of the applicant.
I. References as to the applicant's good character, such as at
least two residents of Rockland County or municipalities in Rockland
County or adjoining counties in which the applicant has conducted
his business or operations.
J. If peddling or soliciting is to be conducted as a team, group or
other organized party under single leadership or direction, control
or sponsorship, the above-required personal information shall also
be supplied as to such leader or person in charge and with respect
to each such other person, employee or agent so involved.
K. If such applicant represents or is the agent for a principal, there
shall be appended to the application a letter or other evidence of
authorization or agency from the principal describing the nature and
scope of such applicant's authority and any restrictions, limitations
and conditions imposed on such applicant by the principal agency or
organization he represents. In addition, copies of each order form,
contract or other form or document to be utilized by the applicant
in such sale or solicitation shall be attached to the application.
L. Where the applicant is offering for sale goods, merchandise or commodities
required to be sold by weight, measure or count, as provided under
Article 16 of the Agriculture and Markets Law of the State of New
York, such application shall be accompanied by a certificate from
the Sealer of Weights and Measures having jurisdiction thereof, certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
M. Any additional information required by the Village in the interest
of the health, safety and welfare of the residents of the Village,
including but not limited to denials of licenses or their revocation
by other municipalities prior to the present application.
A licensed peddler or solicitor shall not:
A. Resort to deceptive acts or practices, physical abuse, threats, intimidation
or harassment in the course of conducting his business or offer for
sale any provision, food or merchandise that is unwholesome, unfit,
deleterious or harmful to the user or consumer thereof.
B. Peddle at or solicit on private property which has displayed a sign
bearing the words "No Peddling or Soliciting" or words of like intent,
nor shall any licensee remain on the premises after the owner or occupant
thereof shall have requested his departure therefrom.
C. Keep the vehicles and receptacles used by him in an unclean and unsanitary
condition nor the foodstuffs and edibles offered for sale uncovered
and unprotected from dirt, dust, insects, contamination or spoilage
or as otherwise required by any competent municipal health authority.
D. Stand or permit the vehicle used by him to stand in one place in
any public place or street for more than 10 minutes or in front of
any premises for any time if the owner or occupant of the premises
objects. However, in no case shall the holder of any license issued
hereunder remain in any one fixed location and vend his goods, wares
and merchandise continuously for a period in excess of 30 minutes,
nor shall said licensee resume operations during the same business
day from a new location within 1/4 mile of said former site of operation.
E. Sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F. Permit any vehicle used by him to stop or remain on any crosswalk.
G. Create, erect or maintain any booth or stand or place any barrels,
boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
H. Blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares or shout or cry out his wares.
I. Assign or transfer his license to any other person, and any transfer
to or use of such license by any other person shall be a violation
and shall automatically thereupon terminate such license.
J. Fail to carry his license upon his person or to exhibit the same
upon demand to any police, Village officer or agent or resident being
solicited or involved in a transaction with him.
K. Obstruct any street, driveway or other public or private right-of-way.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, 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 of money is paid to the solicitor and which shall contain the notice of right of cancellation as set forth in §
203-10.
[Amended 5-22-2017 by L.L. No. 2-2017]
As more fully provided and set forth in the New York State Door-to-Door
Sales Protection Act, which is incorporated herein by reference as to the rights,
remedies and procedures in any sale, order for purchase or agreement
to buy which was induced by or the result of harassment, intimidation,
abusive conduct, misrepresentation or material facts of high-pressure
tactics by the solicitor, any person or consumer shall have the right
to cancellation as therein set forth upon giving written notice to
the solicitor, by mail properly addressed and postage prepaid; and
such notice, the language or tenor of which makes clear the purchaser's
intention to return such goods, wares or merchandise, will be sufficient.
In such event, the seller's failure to tender to the buyer any
payment made by the buyer, less a sum not in excess of 5% of the cash
price but not exceeding the amount of the down payment, with an acknowledgment
of his cancellation of the order, shall be deemed a violation of this
chapter and shall subject the licensee to any penalties hereunder
in addition to any penalties provided under the New York State Door-to-Door
Sales Protection Act.
Any licensee aggrieved by any action or determination of the
Village Clerk may appeal to the Mayor of the Village or any agent
or agency designated by him, within 14 days after notice of the action
or determination complained of has been mailed to him, by filing a
written statement setting forth fully the grounds for the appeal.
The Mayor or his agent shall set a time and place for a hearing on
such appeal, and notice of such hearing shall be mailed to the applicant's
last known address at least five days prior to the date set for the
hearing. The decision and order of the Mayor or his agent on such
appeal shall be final and conclusive.
The Village Clerk shall keep a record of all applications and
of all licenses granted hereunder, giving the number and date of each
license, the name and residence of the person licensed, the license
fee paid and also the date of revocation of the license, if any.
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, Deputy Mayor and Code Inspector of the Village of
New Hempstead are hereby authorized and empowered to enforce this
chapter by the issuance of appearance tickets for any violation hereof.
Any person violating any of the provisions of this chapter shall
be subject to a fine of not more than $1,000 for each violation and/or
imprisonment for not more than 15 days, and each day of such violation
shall constitute a separate offense.