Except as may be otherwise provided herein, it shall be unlawful
and a violation of this chapter for any person or business corporation
or their agents or representatives to solicit business, take orders
for goods or services or to distribute commercial handbills, pamphlets
or other written material of any kind upon the streets, in the offices
of business buildings, upon private property, by house-to-house canvass
or in public places in the Village of Atlantic Beach without a license
issued pursuant to this chapter.
Applicants for a license under this chapter must file with the
Village Clerk, as License Commissioner, an application in the form
of a sworn affidavit, in duplicate, which shall give the following
information:
B. The address of applicant (local and legal).
C. A brief description of the nature of the business, the kind of goods
or property to be peddled or solicited and the name and address of
the person or business which supplies the goods or property to be
peddled or solicited.
D. A statement as to whether or not the applicant has ever been convicted
of any state crime or misdemeanor, or any offense against any municipal
ordinance or local law, the nature of the crime or offense and the
punishment or penalty assessed therefor.
E. Two photographs of applicant taken not more than 60 days prior to
the date of filing of the application, which pictures shall not be
larger than 1 1/2 inches by 1 1/2 inches, showing the head
and shoulders of the applicant in a clear and distinguishing manner.
F. For identification purposes, a statement of whether applicant is
a citizen and whether citizenship was obtained by birth or naturalization;
if by naturalization, the date and place where obtained; if the applicant
is an alien, applicant must submit proof of legal entry into the United
States of America.
G. If applicant is employed to peddle, solicit or canvass, the name
and address of applicant's employer, together with credentials
establishing the precise employment relationship.
H. In any application for a license or renewal hereunder, applicant
shall produce a valid certificate of registration and certificate
of authority as required by the New York State Department of Taxation
and Finance.
I. Such other information as the Board of Trustees may require.
All applications must be accompanied by a $50 process fee payable
to the Village of Atlantic Beach. Upon approval of the license, a
fee of $200 shall be paid to the Village of Atlantic Beach.
License applications under the provisions of this chapter may
be denied by the Village Clerk and existing licenses may be revoked
by the Village Clerk, for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application
for license.
B. Fraud, misrepresentation or false statement made in the course of
carrying on business as a peddler or solicitor.
C. Any offense against this chapter.
D. Conviction of any crime or misdemeanor involving moral turpitude.
E. Conducting the business of peddling 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 inhabitants
of Atlantic Beach.
F. The peddling of any goods or property not described in the application
for a license herein or the peddling of any goods or property which
are dangerous or injurious to the purchaser, especially to a child.
Any license approval granted by the Village Clerk is subject
to the following restrictions:
A. Payment by the applicant of the license fee of $200.
B. All activity must be conducted only on weekdays and Saturdays, and
only between the hours of 9:00 a.m. and sunset.
C. Any business licensed under this chapter shall not have more than
10 licensed individuals engaged in the licensed activity at any one
time.
D. The license shall be effective for no more than one calendar year
from the date of issuance, and all licenses shall terminate on December
31 in the year in which it was issued. There shall be no proration
of fees over the calendar year. Licenses may be renewed by the Village
Clerk upon payment of a fee of $100. The renewal application must
reaffirm the truth and completeness of all information required for
a license, and make all new required disclosures, as applicable. New
photographs must be submitted every three years.
E. It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting where there is posted in
plain view a "no peddlers" or "no solicitors" or "do not knock" sign,
painted or otherwise affixed or displayed at the front of a residence
or business.
F. There shall be no more than two ice cream vending trucks licensed
in Atlantic Beach at any one time, unless otherwise authorized by
resolution of the Board of Trustees.
All licensees shall keep their licenses with them while engaging
in their licensed activity, and produce same for inspection by any
person during that time.
This chapter shall not apply to persons for whom exemption is
made by any controlling provision of law, provided such persons are
not engaged in commercial transactions. This chapter also shall not
apply to any duly organized religious corporation, lodge, benevolent
or fraternal order, political organization, nor to a local community
group or organization such as the Boy Scouts, Girl Scouts, or other
such youth organization, or to any political party or candidate. In
the event such organizations or individuals are involved in commercial
transactions or the soliciting of funds, special permission shall
first be obtained from the Board of Trustees.
If any section, subsection or provision of this chapter or the
application of such section, subsection or provision to any person
or circumstances shall be held invalid, illegal or unconstitutional,
the validity of the remainder of this chapter and the applicability
of such section, subsection or provision to other persons or circumstances
shall not be affected thereby.
Any person committing an offense against this chapter or any
section or provision thereof shall be guilty of a violation punishable
by a fine of $500 for each such offense. Each separate day of violation
shall constitute a separate offense; any employer which knowingly
permits a person to commit an act in violation of this chapter shall
be jointly and severally liable for that violation.