[HISTORY: Adopted by the Board of Trustees
of the Village of Atlantic Beach 10-21-2019 by L.L. No. 1-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 162,
Peddling and Soliciting, adopted 4-25-1963, as amended.
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:
A.
The name of applicant.
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.
A.
Upon receipt of the sworn application, the Village Clerk shall forward
a copy thereof to the New York State Department of Criminal Justice
Services for an investigation of the application.
B.
If the investigation shall establish that the applicant has a police
record, the New York State Department of Criminal Justice Services
shall attach a copy thereof to the application and return both to
the Village Clerk. Alternatively, if no police record is found, a
statement to this effect shall be attached to the application in lieu
of the police record.
C.
Upon the return of an application, if the investigation indicates that the applicant would be ineligible under any of the causes stated in § 162-5 hereof the application shall be denied. Otherwise, the Village Clerk shall approve the application. Upon approval by the Village Clerk, the Village Clerk shall prepare and issue a peddler's license to the applicant. The license shall contain the signature of the Village Clerk, the name, address and photograph of the licensee, the kind of goods to be peddled or solicited thereunder or the purpose of the license, the amount of fee paid, the license number, the date of issuance and date of expiration of such license, as well as the state license number or other identifying description of the vehicle to be used for the licensed activity.
D.
No license shall be issued by the Village Clerk unless all conditions
imposed by this chapter are fully complied with.
E.
No license shall be issued by the Village Clerk to any person under
16 years of age.
F.
The Village Clerk shall keep a record of all licenses issued.
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.
A.
The holder of any license which has been revoked and any applicant
who shall have been denied a license under this chapter may apply
for a review of the action of the Village Clerk as hereinafter provided.
(1)
Such application shall be in writing, signed and acknowledged by
applicant, and shall state the ground or grounds on which applicant
claims that the determination of the Village Clerk was erroneous.
(2)
Such application shall be filed with the Village Clerk by the applicant
within 20 days after notice of denial of his application by the Village
Clerk has been mailed to applicant or delivered to applicant in person.
(3)
Upon the filing of such application, a hearing shall be held thereon
pursuant to the provisions hereof. The Village Attorney shall designate
three hearing officers to constitute a review board to conduct hearings
in connection with appeals set forth in this section. The Village
Attorney shall select hearing officers based upon their background
and qualification in law and/or government administration. The review
board may include Village employees, excluding the Village Clerk.
A.
At such hearing, the review board shall consider the applicant's
application upon the record before the Village Clerk in connection
with the Village Clerk's consideration thereof, and in its discretion
may receive new or additional evidence in support thereof or in opposition
thereto.
B.
The review board, after such hearing, may affirm the action of the
Village Clerk if it shall find that the action was supported by substantial
evidence and is rational, or otherwise direct the Village Clerk to
issue a proper license, pursuant to this chapter.
C.
Notwithstanding any provisions of this chapter to the contrary, whenever
it shall be provided herein that a hearing shall or may be held with
respect to any matter:
(1)
Such hearing shall be held on a date, at a place and hour designated
by the Village Attorney.
(2)
The Village Clerk shall give notice thereof, stating the name and
address of the applicant or license holder concerned, the subject
matter of the hearing, and the date, place and hour thereof designated
therefor, by mailing a copy thereof to the applicant or license holder
concerned at the address shown upon the most recent application of
such applicant or licensee, at least 10 days before such hearing.
(3)
The applicant or license holder involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or other evidence on applicant's own behalf as may
be relevant to the subject matter of the hearing.
(4)
All witnesses shall be sworn and examined under oath.
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.
