[HISTORY: Adopted by the Board of Trustees
of the Village of Belle Terre 9-17-2019 by L.L. No. 7-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 29.
[1]
Editor's Note: This local law also repealed former Ch. 91,
Hawking, Peddling and Soliciting, adopted as Ord. No. 12 of the 1952
Code, as amended.
This chapter is adopted to regulate the distribution of certain
materials, peddling, soliciting and related activities within the
Village. The licensing of persons engaged in the above-mentioned activities
is required so that the identity of persons going door to door or
distributing materials within the Village may be established, so that
general regulations may be more effectively enforced, for the protection
and maintenance of the health, safety and welfare of the inhabitants
of the Village and to prevent dishonest business practices and dishonest
solicitation of funds in the Village.
As used in this chapter, the following words shall have the
meanings indicated:
A standardized form provided by the Village to an applicant
to be completed and submitted as part of registration.
Anything specifically defined in this chapter as requiring
the denial or suspension of a certificate, and any of the following:
The applicant has been criminally convicted of felony within
the last 10 years;
The applicant has been incarcerated in a federal or state prison
for any reason within the past 10 years;
The applicant has been criminally convicted of a misdemeanor
within the past 10 years involving a crime of moral turpitude or violent
or aggravated conduct involving persons or property;
A final civil judgment has been entered against the applicant
within the last 10 years indicating that:
The applicant is currently on parole or probation to any court,
penal institution, or governmental entity, including being under house
arrest or subject to a tracking device;
The applicant has an outstanding arrest warrant from any jurisdiction;
The applicant is currently subject to a protective order based
on physical or sexual abuse issued by a court of competent jurisdiction;
or
The applicant is currently registered or required to be registered
with the New York Sex Offender Registry.
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvement or alterations,
and anything that may be sold or distributed by peddlers, solicitors
or distributors as used herein.
An original or copy, dated no older than 180 days prior to
the date of the application, of either:
Any person, whether a resident of the "Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association, or any principal or agent thereof.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services, and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser."
Unless otherwise exempt under § 91-8 of this chapter, it shall be unlawful for any peddler, solicitor or distributor to sell, offer for sale or distribute merchandise, printed material or services within the Village without first applying for and obtaining a license pursuant to this chapter. A license shall not be approved for anyone with a disqualifying status as defined by this chapter. The license shall be good for one year from issuance.
The licensing officer shall provide a standard application form
for use for the registration of solicitors. Upon request to the licensing
officer, or as otherwise provided, any person or entity may obtain
in person, by mail, or facsimile a copy of this application form.
Each application form shall require disclosure and reporting by the
applicant of the following information, documentation, and any applicable
fees:
A.
Contact information.
(1)
Applicant's true, correct and legal name, including any former
names or aliases used during the last 10 years, and the applicant's
date of birth and social security number;
(2)
Applicant's telephone number, home address and mailing address,
if different;
(3)
If different from the applicant, the name, address, and telephone
number of the responsible person or entity (including identification
of the members of any limited-liability company, majority shareholder
of any corporation, all general partners of a partnership, and the
owner of any sole proprietorship);
(4)
The address by which all notices to the applicant required under
this chapter are to be sent;
(5)
A brief description of the nature of the business and goods to be
sold or services to be performed; and
(6)
The time period during which the applicant intends to solicit.
B.
Proof of identity.
(1)
The applicant must submit a photograph of the applicant taken within
60 days immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches.
(2)
The applicant must present herself/himself for an in-person verification
by the licensing officer of the applicant's true identity by
use of any of the following which bear a photograph of said applicant:
(3)
The applicant must submit two business references located in the
County of Suffolk State of New York, or in lieu thereof, such other
available evidence of the character and business responsibility of
the applicant as will enable an investigator to properly evaluate
such character and responsibility.
(4)
If a vehicle is owned by or to be used by applicant; a description
of such vehicle and its state of registration and registration/license
number, as well as proof of liability insurance for same.
(5)
Upon verification of identity, the original identification submitted
to establish proof of identity shall be returned to the applicant.
A copy may be maintained by the Village.
C.
New York State Division of Criminal Justice Services (NYDCJS) Criminal
History Record. The applicant shall provide:
D.
Responses to questions regarding "disqualifying status." The applicant
shall be required to affirm or deny each of the following statements
on the application form:
(1)
Has the applicant been criminally convicted of felony within the
last 10 years;
(2)
Has the applicant been incarcerated in a federal or state prison
for any reason within the past 10 years;
(3)
Has the applicant been criminally convicted of a misdemeanor within
the past 10 years involving a crime of moral turpitude or violent
or aggravated conduct involving persons or property;
(4)
Has a final civil judgment been entered against the applicant within
the last 10 years indicating that:
(5)
Is the applicant currently on parole or probation to any court, penal
institution, or governmental entity, including being under house arrest
or subject to a tracking device;
(6)
Does the applicant have an outstanding arrest warrant from any jurisdiction;
or
(7)
Is the applicant currently subject to a protective order based on
physical or sexual abuse issued by a court of competent jurisdiction.
E.
Execution of application. The applicant shall execute the application
form, stating upon oath or affirmation, under penalty of perjury,
that based on the present knowledge and belief of the applicant, the
information provided is complete, truthful and accurate.
The Village shall provide a decision on the application within
30 days of submission of the completed application.
Unless specifically exempt under § 91-8 of this chapter, no person or license holder shall:
A.
Peddle, solicit or distribute merchandise, except between the hours
of 9:00 a.m. and 8:00 p.m. unless specifically having been invited
into a house by the occupant or having made an appointment with a
person previously.
B.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor registered with the Village and displaying his license.
C.
Leave at a property or house or in any public place circulars, samples
or other matter, except newspapers, which shall be defined as periodicals
with a paid circulation of at least 90% of their total circulation,
except when handed to a person or house occupant.
D.
Litter the streets, public places or properties within the Village
with any merchandise or printed material.
A.
The following are exempt from registration under this chapter:
(1)
Persons specifically invited to a residence by a competent individual
prior to the time of the person's arrival at the residence.
(2)
Persons soliciting in good faith for the benefit of any bona fide
fraternal, educational, religious, or charitable organization who
shall have otherwise been certified or otherwise been duly qualified
as required by law or by any governmental body or agency having jurisdiction
over such conduct.
(3)
Persons delivering goods to a residence pursuant to a previously
made order, or persons providing services at a residence pursuant
to a previously made request by a competent individual.
(4)
Persons advocating or disseminating information for, against or in
conjunction with any religious belief or political position, regardless
of whether goods, services, or any other consideration is offered
or given, with or without any form of commitment, contribution, donation,
pledge, or purchase.
(5)
Persons representing a charitable organization. The charitable exemption
shall apply to students soliciting contributions to finance extracurricular
social, athletic, artistic, scientific or cultural programs, provided
that the solicitation has been approved, in writing, by the school
administration, and that such student solicitors carry current picture
student identification from the educational institution for which
they are soliciting.
B.
All persons and organizations soliciting funds solely for the charitable
or other purposes who are exempted from the license requirements under
this chapter shall, in any event, maintain and keep records identifying
all persons soliciting funds within the Village, regardless of their
exemption, and such records shall contain at least the name and the
address of the person soliciting, the areas solicited and the date
or dates of solicitation. Said records shall be made available for
inspection by the Chief of Police upon request.
A.
The fees to be paid for a license to engage in the occupation of peddler, solicitor, distributor or transient merchant shall be as provided in Chapter A175 and as modified from time to time by resolution of the Village Board.
B.
Where an organization has several agents peddling, soliciting or
distributing merchandise or printed material, each agent shall be
licensed separately, and each shall pay the appropriate fee.
A.
Any occupant of a residence may give notice of a desire to refuse
solicitors by displaying a "No Solicitation" sign, which shall be
posted on or near the property line adjacent to the driveway or other
entrance area leading upon or to the residence.
B.
The display of such sign or placard shall be deemed to constitute
notice to any solicitor that the inhabitant of the residence does
not desire to receive and/or does not invite solicitors.
C.
It shall be the responsibility of the solicitor to check each residence
for the presence of any such notice before entering the property of
such residence.
D.
In addition and/or alternatively, any person who owns, rents, and/or
otherwise occupies a residence in the Village who does not wish to
have anyone enter upon and/or call upon the residence or business
to solicit may inform the Village Clerk's Office of the same,
in writing, and the Village Clerk's Office shall maintain and
make available for public inspection a list of the addresses of those
persons that do not want anyone to enter upon and/or call upon their
residence and/or place of business. A list of addresses of those persons
not wanting solicitors to enter upon and/or call upon their residence
and/or place of business shall be given to each person who files an
application for a solicitation license in the Village.
A.
A violation of any provision of this chapter shall be punishable
by a fine of not more than $750 for the first offense, not more than
$1,250 for the second offense and not more than $1,500 for the third
or any subsequent offense within one year.
B.
In addition, or as an alternative to the above-provided penalties,
the Board of Trustees may also maintain an action or proceeding in
the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
