Town of Rye, NY Chapter 50 Soliciting

[HISTORY: Adopted by the Town Board of the Town of Rye 3-17-1970. Amendments noted where applicable.]

§ 50-1 Registration required; penalties for offenses.

[Amended 3-16-1971; 10-23-1979]

A. No person shall enter upon private residential property in the Town of Rye for the purpose of vending, peddling or soliciting orders for any merchandise, device, book, periodical or printed matter whatsoever; nor for the purpose of soliciting alms or for a subscription or contribution to any church, charitable or public institution whatsoever; nor for the purpose of conducting consumer or other surveys whatsoever; nor for the purpose of distributing any handbill, pamphlet, tract, notice or advertising matter; nor for the purpose of selling or distributing any ticket or chance whatsoever, without compliance with the following registration requirements.

B. Any person who intends to solicit or perform an act above described shall, at least 10 days before the performance of said solicitation and/or act, register with the Police Department of the Town of Rye and provide the following information, together with proof of identity:

(1) Name of individual soliciting.

(2) Name of firm.

(3) Location of solicitation.

(4) Date of solicitation and approximate times.

(5) Nature of solicitation.

C. This chapter is enacted pursuant to the police power of the Town of Rye and in order to protect the citizens of the Town against crime and preserve the private property, peace and comfort of the occupants or private residences in the Town.

D. A person who violates any of the provisions of this section, upon conviction thereof, shall be guilty of a violation as defined in the Penal Law of the State of New York and shall be punished by a sentence to pay a fine in an amount fixed by the Court in accordance with the fines as allowed by the Penal Law of the State of New York and for such punishment as is permitted under the Penal Law of the State of New York.

§ 50-2 Application procedures.

A. An applicant for permission to solicit orders hereunder shall complete an application blank provided by such Police Department, which application blank shall contain the following information:

(1) The name, home address and local address, if any, of the applicant.

(2) A physical description of the applicant, setting forth the applicant's age, height, weight and color of hair and eyes.

(3) The name and address of the person, firm or corporation for whom or through whom orders are to be solicited or cleared.

(4) The nature of the foods, wares or merchandise for which orders are to be solicited.

(5) A statement as to whether the applicant has been convicted of any crime and, if so, the nature of the crime.

(6) A statement as to the period during which the applicant intends to solicit orders.

(7) Each applicant shall provide the Town of Rye with a surety bond in the amount of $1,000, and said bond shall actually be filed with the Town Clerk of the Town of Rye prior to the issuance of the license.

(8) A statement that the applicant is a citizen of the United States and a bona fide resident of the Town of Rye for a period of at least six consecutive months last past or has maintained a place of business in the Town of Rye for a period of at least six consecutive months prior thereto, or his duly authorized representative who shall also meet the aforementioned resident requirements and has never been convicted of any crime or misdemeanor involving moral turpitude or any violation of this chapter.

[Added 3-16-1971]

B. The applicant, at the time of executing such application blank, shall also submit identification satisfactory to the Police Department which shall contain a specimen of the applicant's signature and a photograph which shall be of head and shoulders and a minimum of two by two inches and having been taken within 18 months of the date of application.

C. Applicant shall also have his fingerprints taken by the Police Department of the Town of Rye, and the Police Department shall forward these prints to state and federal authorities. No permit shall be issued until the prints are returned and found to be satisfactory by the Police Chief.

§ 50-3 Granting of credentials.

A. Upon compliance by the applicant with the provisions of § 50-2 hereof, the Police Department shall thereupon stamp the credentials, shall set forth the name and address of the applicant and of his employer, if any, the nature of the goods, wares or merchandise for which orders are to be solicited, and the period during which the applicant may solicit orders, which shall not exceed one year; provided, however, that the Police Department shall not be required to grant such permission to any person who shall have been convicted of any crime or misdemeanor involving moral turpitude or of any violation of the ordinance.

B. Soliciting within the Town of Rye, outside the Incorporated Village of Port Chester or Incorporated Village of Mamaroneck, County of Westchester and State of New York, hereinbefore referred to, shall be permitted only after the issuance by the Town Clerk upon payment of the following license fee applicable:

[Added 3-16-1971]

(1) For each vehicle used: $25.

(2) For each individual license: $25.

§ 50-4 Credentials to be in possession of holder.

Stamped credentials, which shall include applicant's photograph to be carried on his person, shall be nontransferable and shall entitle the holder thereof, for the period indicated therein, unless revoked, to solicit orders within the unincorporated area of the Town of Rye for the purchase of the goods, wares or merchandise specified in his application, provided that the holder shall have his stamped credentials in his possession at all times while soliciting orders and shall exhibit the same at any time upon request by any police officer of the Town of Rye or any purchaser or prospective purchaser.

§ 50-5 Regulations to be followed.

Any person soliciting within the unincorporated area of the Town of Rye, whether or not required to register under the provisions of this chapter, shall conform to the following regulations:

A. The solicitor shall conduct himself at all times in an orderly and lawful manner.

B. The solicitor shall give a written receipt for all orders taken within the unincorporated area of the Town of Rye, which receipt shall be signed by the solicitor and shall set forth a brief description of goods, wares or merchandise ordered, the total purchase price thereof, and the amount of the down payment received by the solicitor from the purchaser.

§ 50-6 Exceptions to application of ordinance.

This chapter shall not apply to salesmen selling goods to retail or wholesale stores for resale. Any person who has, and has had for the preceding 12 months, a regular place of business within the unincorporated area of the Town of Rye, and any person employed by or soliciting for any person, firm or corporation that has, and has had for the preceding 12 months, a regular place of business within the unincorporated area of the Town of Rye, shall not be required to register before soliciting orders, but all other provisions of this chapter shall apply to such persons.

§ 50-7 Chief of Police may designate clerical agents.

The Chief of Police may appoint any person or persons as agent or agents of the Police Department to perform the clerical functions of registering solicitors under this chapter, provided, however, that such agent or agents shall not receive any compensation from the Town and shall not refuse to stamp the credentials of any solicitor except upon the direction of the Chief of Police or some member of the Police Department designated by him, and the cancellation of the Department's stamp shall be effected only by the Chief of Police or by some member of the Police Department designated by him.

§ 50-8 Repeal of prior ordinances.

All ordinances, or parts of ordinances, heretofore adopted by the Councilmen of the Town of Rye, conflicting with or inconsistent with the provisions of this chapter, are hereby repealed.

§ 50-9 Penalties for offenses.

[Amended 3-16-1971]

A. The violation of any of the provisions of this chapter, or the making of any false statements or misrepresentations of facts for the purpose of obtaining permission to solicit orders, is hereby declared to be disorderly conduct, and any person violating this chapter, or any provision thereof, shall be and is hereby declared a disorderly person.

B. Any person violating any of the provisions of this chapter or making any false statements or misrepresentations of fact for the purpose of obtaining permission to solicit orders shall, upon conviction thereof, and in addition to other penalties provided by law, be subject to a fine not to exceed $100, each solicitation or sale being deemed a separate offense, and pending trial therefor the Police Department may suspend such permission to solicit. Upon any registered person being convicted of any crime under this chapter or involving moral turpitude, the stamped credentials of such person shall be delivered to the Police Department and said Department's stamp thereon shall be canceled, and such person shall not thereafter solicit orders in the unincorporated area of the Town of Rye without registering.

§ 50-10 When effective.

This chapter shall become effective 10 days after publication and posting thereof as required by law.