[HISTORY: Adopted by the Board of Trustees of the Village
of Manlius 9-11-2012 by L.L. No.
3-2012[1]. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 42, Business Control, adopted 10-27-1959,
amended 8-24-1982 by L.L. No. 4-2008, was repealed 9-11-2012 by L.L.
No. 3-2012.
Many residents of the Village of Manlius expect that their local
government will assist them in preserving their privacy and the quiet
enjoyment of their homes. Moreover, the Village finds that in some
instances, unscrupulous individuals have posed or may pose as legitimate
canvassers and solicitors and annoy, harass or defraud residents of
the Village or perpetrate other harmful or unlawful acts against them.
The Supreme Court of the United States has consistently upheld the
rights and obligations of local governments to protect their residents
from unscrupulous solicitors and canvassers, particularly when the
solicitation of money is involved, but has also defended the right
of citizens and residents to speak freely, to express ideas that may
be unpopular, and to engage others in debate without government interference.
Accordingly, the purpose of this chapter is to regulate the activities
of solicitors and canvassers in the Village to preserve the privacy
and well-being of its residents in a manner that is consistent with
the Constitutions of the United States and the State of New York.
Moreover, the Village further finds that, in some instances,
deceitful individuals have posed or may pose as legitimate vendors
or auctioneers and defraud or take advantage of residents of the Village
or perpetrate other harmful or unlawful acts against them. Accordingly,
the purpose of this chapter is to also regulate the activities of
such individuals within the Village.
The following terms, when used in this chapter, shall have the
meanings respectively ascribed to them in this section:
One who sells goods, merchandise, or property of any kind,
at public auction, for another person, and who receives any commission
or compensation of any kind for conducting such sale; but not including
one who conducts such a sale by or under the jurisdiction of any court,
or pursuant to any judicial judgment or order, or any foreclosure
sale of real estate, or the sale of the estate assets of a decedent
and not including any owner of any goods, merchandise or property
of any kind, who conducts such sale himself or herself.
One who attempts to make personal contact with a person at
his or her residence within the Village of Manlius and without his
or her prior consent, to:
Request or attempt to induce or persuade any person to support
a particular charitable, educational, civic, patriotic, political,
benevolent, religious or philanthropic project or cause;
Seek or ask for a gift or donation for a public entity or nonprofit
organization exempt from federal income tax under 26 U.S.C. 501(c)(3);
Sell goods, wares, merchandise, tickets, articles, services,
publications, advertisements, subscriptions or things of any kind
or value, with the entire proceeds of such sale to be paid directly
to or used exclusively for the benefit of a public entity or nonprofit
organization exempt from federal income tax under 26 U.S.C. 501(c)(3);
Personally deliver a handbill or flyer advertising a future
event, activity, good or service that is noncommercial in nature or
otherwise not-for-profit.
One who is engaged in or who shall hereafter engage in purchasing,
buying, bartering, selling, or vending food, goods, wares and merchandise
or other personal property or obtaining orders or subscriptions for
the sale or purchase thereof or for work, labor or services to be
rendered to residents of the Village from a location that is designed
to be portable and not permanently attached to the ground.
An individual over the age of 18 years or a partnership,
unincorporated association, sole proprietorship, limited liability
company or corporation.
One, other than a canvasser as defined herein, who attempts
to make personal contact with a person at his or her residence within
the Village of Manlius and without his or her prior consent, to:
Collect or receive money or property;
Sell goods, wares, merchandise, tickets, articles, services,
publications, advertisements, subscriptions or things of any kind
or value;
Invite, request or attempt to induce or persuade any person
to contribute any money or thing of value; or
Invite, request or attempt to induce or persuade any person
to become a sponsor, booster or advertiser in connection with a fund-raising
campaign.
Personally deliver to the resident a handbill or flyer advertising
a commercial event, activity, good or service that is offered to the
resident for purchase at a location away from the residence or at
a future time.
The Village of Manlius.
A.
No person shall solicit within the Village unless the solicitor possesses
a valid permit issued pursuant to the provisions of this chapter.
A permit is not required for any person who acts solely as a canvasser
within the Village as defined herein.
B.
Each application filed pursuant to this section shall be accompanied
by a fee in the amount as provided, from time to time, by resolution
of the Village Board, for the period commencing on the date said permit
is issued and ending on the 30th day of June next thereafter or the
daily fee provided as provided, from time to time, by resolution of
the Village Board. A fee is not required for any person who acts solely
as a canvasser within the Village as defined herein.
[Amended 5-14-2019 by L.L. No. 1-2019]
[Amended 5-14-2019 by L.L. No. 1-2019]
No person, unless duly licensed by the Village Clerk/Treasurer,
shall exercise the trade or business of a public auctioneer within
the limits of said Village. The annual and daily auctioneer's fees
shall be as provided, from time to time, by resolution of the Village
Board. The daily auctioneer's fees shall be due for each day a person
acts as an auctioneer and shall be payable to the Village Clerk/Treasurer
before 10:00 a.m. of the day of the auction.
[Amended 5-14-2019 by L.L. No. 1-2019]
No company, organization, troupe or individual shall give any
outdoor exhibition, show or special performance or any exhibition,
show or special performance on property owned and/or operated by the
Village within the corporate limits of said Village, unless previously
having obtained a permit to do so from the Village Clerk/Treasurer,
except that no permit shall be required to give any exhibition, show
or special performance within the boundaries of any school that is
within the corporate limits of the Village that has been duly authorized
by said school or school district. The daily permit fee therefor shall
be as provided, from time to time, by resolution of the Village Board.
[Amended 5-14-2019 by L.L. No. 1-2019]
Except as herein provided, all persons engaging in the trade
or business of a mobile vendor, whether he or she is the principal
or an employee, agent or representative of any other person, firm
or corporation, shall procure a license so to do from the Village
Clerk/Treasurer and shall pay to the Clerk/Treasurer the sum provided
as provided, from time to time, by resolution of the Village Board.
A.
All applicants for a license or permit under the provisions of this
chapter shall file with the Village Clerk/Treasurer an application
for the same, in the form to be furnished by the Village, setting
forth the following information:
(1)
The full name, business address and business telephone number of
the applicant;
(2)
Information regarding the business, including, but not limited to:
(3)
For applications for a permit pursuant to § 42-3, a complete list of all persons to be authorized to solicit under the permit, including name, address, telephone number and a statement whether any of the individuals have been convicted of a crime, other than minor traffic infractions, within the past seven years and, if so, an explanation which includes the particular offense(s) for which the person was convicted, the dates of conviction and the courts in which such convictions were entered;
(4)
For applications for permits pursuant to § 42-3, the purpose of the solicitation and the methods by which such solicitation or distribution will be made;
(5)
The dates for which such license or permit is being requested; and
(6)
Such other information or documentation as the Clerk/Treasurer may
require.
B.
Each and every individual who is acting on behalf of or at the direction of another person as that term is defined in § 42-2 of this chapter as an employee, agent, representative or otherwise who intends to engage in any activity requiring a license or permit under this chapter must comply with all applicable provisions of this chapter. All applicants must furnish the applicable fee as provided, from time to time, by resolution of the Village Board, to defray the costs incurred by the Village in processing the application, plus an additional fee for each individual listed in the applicant's application to defray the costs of preparing and issuing a permit or license for said individual(s), if applicable. Said fees shall be nonrefundable.
[Amended 5-14-2019 by L.L. No. 1-2019]
A.
Upon receipt of the application and appropriate fee, the Clerk/Treasurer
shall promptly investigate as to the truth and accuracy of the information
provided by the applicant. The Clerk/Treasurer shall then issue the
applicant a license or permit unless he or she determines that:
(1)
The applicant, or the person on whose behalf the applicant will act
on behalf, of has been convicted of a felony or misdemeanor involving
fraud or moral turpitude or registered as a sex offender within the
seven years preceding the filing of the application;
(2)
The applicant, or any person on whose behalf the applicant will act
on behalf of, has failed to obtain any necessary licenses, permits
or registrations to engage in the business, trade, profession, services
or activities described in the application;
(3)
There is substantial evidence that the applicant will conduct his
business in a manner likely to constitute a breach of the peace or
to threaten the health, safety or general welfare of the public;
(4)
Any statement or information in the application is materially false,
unless the applicant can demonstrate that such falsehood was the result
of excusable neglect; or
(5)
The applicant has failed to pay the required fee as then set by resolution
of the Village Board.
[Amended 5-14-2019 by L.L. No. 1-2019]
B.
In the event the Clerk/Treasurer denies an application for a license or permit pursuant to this chapter, the applicant shall have the right to appeal the denial pursuant to § 42-11 of this chapter, provided the applicant notifies the Village Board of Trustees of his or her intent to appeal the denial within 20 days of first receiving such notice of denial.
All of said licenses and permits shall be issued by the Clerk/Treasurer
and shall be countersigned by the Mayor. The Clerk/Treasurer shall
keep a record thereof and of the amount of the fee, if any, to be
paid therefor. The license or permit must be shown to anyone on demand.
A.
Permits or licenses issued under the provisions of this chapter may
be revoked by the Clerk/Treasurer for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the permit or license;
(2)
Fraud, misrepresentation, or false statement made in the course of
carrying on any business or affairs for which a permit or license
was duly issued;
(3)
Any violation of this chapter;
(4)
Conviction of any crime or misdemeanor involving fraud, deception
or moral turpitude; or
(5)
Conducting the business of a solicitor in an unlawful manner or in
such manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
A person may appeal any decision relating to his or her permit
or license by the Clerk/Treasurer to the Village Board of Trustees.
The Board of Trustees shall then schedule a public hearing no later
than 30 days from the date it received the person's notice to appeal,
and notify the person of the time, date and location of such hearing,
in writing, mailed to the applicant at his last known address at least
five days before such public hearing. At the public hearing, the person
and any other interested party shall be permitted to speak and submit
evidence for or against the denial or revocation of the license or
permit, as the case may be. Within 10 business days after the close
of such hearing, the Board of Trustees shall notify the person of
its decision, in writing, mailed to the last known address of the
person, setting forth the reasons for its decision. Any decision of
the Board of Trustees as to the issuance, denial, nonrenewal or revocation
of a license or permit shall be deemed final and conclusive.
Every license or permit issued pursuant to the provisions of
this chapter shall expire on the date stated thereon or, if no date
is specified, within 30 days of the issuance thereof. It shall be
unlawful for a person to carry on any business or affairs that require
a license or permit under this chapter within the Village with an
expired license or permit, and each such day that a person carries
on any business or affairs that require a license or permit under
this chapter within the Village with an expired license or permit
shall constitute a separate violation of this chapter.
It shall be unlawful for any person to enter upon private property
for the purpose of soliciting or canvassing any day between the hours
of 8:00 p.m. and 8:00 a.m. or on Sunday without the prior consent
or invitation of a person residing at that property.
It shall be unlawful for any person to ring the bell or knock
upon or enter any building for the purpose of soliciting or canvassing
without the prior consent of a person residing therein, whereon there
is painted or otherwise affixed or displayed to public view any sign
with the words "No Solicitors," "No Canvassers" or "No Agents" or
any other words which purport to prohibit soliciting or canvassing
on the premises.
No license or permit issued under the provisions of this chapter
shall be transferred or assignable to any person. Any person assigning
or transferring or attempting to assign or transfer any license or
permit issued hereunder, except as herein provided, shall be guilty
of violating this chapter.
No license or permit fee shall be required for:
A.
Selling meats, fish, fruit and farm produce by farmers or persons
who produce such commodities;
B.
Veterans of the armed forces of the United States entitled to a license
pursuant to § 32 of the General Business Law to vend and
sell his or her own goods, wares and merchandise or to solicit or
trade upon the streets or highways within the Village; and
C.
In any case where, by so doing, it would unlawfully interfere with
interstate commerce.
The provisions of this chapter shall not apply to:
It is hereby ordained and enacted that the Board of Trustees
reserves to itself, at all times, the authority and power in order
to prevent any undue or unnecessary hardship, or when, in the judgment
of the Board, the public interests of the Village will be promoted
thereby, to remit in whole or in part the payment of any fee for any
license or permit issued pursuant to the provisions of this chapter.
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.
