[HISTORY: Adopted by the Board of Trustees
of the Village of Munsey Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-7-1971 as Sec. G109 of the 1971 Code; amended
in its entirety7-10-2019 by L.L.
No. 3-2019]
As used in this chapter, the following terms shall have the
meanings indicated:
The purpose of an organization which has received a letter
of determination approving tax-exempt status under Title 26 of the
United States Code § 501(c)(3) or the purpose of a school
club, recognized and affiliated with a public or private school, having
a program with annual campaigns to support the public or private school
club.
The purpose of solicitation is related to the taking or attempting
to take orders for, or the selling or making immediate delivery of,
any goods, wares, merchandise, personal property, anything of value,
or services of any kind or description for future delivery or for
services to be performed in the future, either in person or by distributing
flyers and leaflets and does not constitute noncommercial solicitation,
as defined in this section.
The meaning consistent with the New York State Business Corporation
Law and the New York State Not for Profit Corporation Law.
Any person, either principal or agent, who engages in any
solicitation other than noncommercial solicitation.
The purpose of solicitation that is charitable, as defined
in this section, religious or political.
Any individual, corporation, firm, partnership, joint venture,
association, social club, league, fraternal organization, society,
joint-stock company, estate, trust, business trust, receiver, trustee,
syndicate or any other group acting as a unit.
The act of any person, whether a resident of the Village of
Munsey Park or not, traveling by foot, vehicle or any other type of
conveyance who goes from house to house, from place to place or in
or along any highway, street or sidewalk within the Village of Munsey
Park either:
Requesting, soliciting, hawking, or peddling, either directly
or indirectly, money, credit, funds, contributions, personal property
or anything of value;
Taking, soliciting, hawking, or peddling, or attempting to take
orders for the sale of any goods, wares, merchandise, personal property,
anything of value, or services of any kind or description for future
delivery or for services to be performed in the future, either in
person or by distributing flyers and leaflets; and
Selling, soliciting, hawking, peddling, or making immediate
delivery of any goods, wares, merchandise, personal property, anything
of value, or services of any kind or description, commonly referred
to as "peddling."
Solicitation shall not include the following so long as the
person is not requesting, either directly or indirectly, money, credit,
funds, contributions, personal property or anything of value:
A person communicating or otherwise conveying ideas, views or
beliefs or otherwise disseminating oral or written information to
a person willing to directly receive such information, provided that
such information is of a political, religious, educational, or charitable
nature;
A person seeking to influence the personal belief of the occupant
of any residence or business in regard to any political or religious
matter;
A person seeking to obtain, from an occupant of any residence
or business, an indication of the occupant's belief in regard
to any political or religious matter;
A person conducting a poll, survey or petition drive in regard
to any political matter; and
A person carrying, conveying, delivering or transporting dairy
products, newspapers, periodicals, books or similar printed material,
or other goods to regular customers on established routes or to the
premises of any person who had previously ordered such products, goods
or services and is entitled to receive the same.
Any person, whether a resident of the Village of Munsey Park
or not, engaged in solicitation.
Except as may be otherwise provided herein, it shall be unlawful
for any person, or its agents or representatives, to engage in commercial
solicitation without a license previously issued pursuant to this
chapter.
Application for a license as provided in this chapter shall
be in writing and addressed to the Clerk of the Village of Munsey
Park, and shall contain the following information:
A.
Names and business addresses of the person that is seeking a license
pursuant to this chapter. If the applicant is not a natural person,
then the applicant shall provide the names and business addresses
of the directors (or similar) of the organization, firm, society,
association, company or corporation.
B.
Address for service of process, within New York State.
C.
Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
planned solicitation.
D.
Legal and tax status of any person applying for a license pursuant
to this chapter.
E.
The name, address, date of birth, social security number (or similar),
personal photograph(s) and complete driver's license information
(or similar identification) of the person or persons who shall be
conducting the solicitation.
F.
A brief description of the nature of the business and the goods to
be sold or services to be performed.
G.
If a vehicle or vehicles are to be used in the solicitation, a description
of same, including year, make and model, together with a license plate
number, vehicle registration information and liability insurance information
or other satisfactory means of identification.
H.
Such other relevant information as the Board of Trustees may reasonably
require.
All applications must be accompanied by a nonrefundable processing
fee of $25 payable to the Clerk, Village of Munsey Park. Upon approval
of the license, an annual fee of $250 for commercial solicitations
for each solicitation period, from the issuance of the license to
its termination, shall be paid to the Village of Munsey Park. The
annual application fee shall authorize one individual commercial hawker
or peddler to operate within said Village. Applicants shall pay an
additional sum of $50 for each additional individual hawker or peddler
intended to solicit within said Village.
All licenses granted pursuant to this chapter shall expire one
year from date of issuance following the granting thereof, unless
sooner suspended or revoked. All such licenses may be suspended, for
good cause, and are revocable, as provided for in this chapter.
A.
Upon receiving such application, the Village Clerk shall present
the same to the Board of Trustees at its next regular meeting, but
not later than 20 business days from the date upon which the application
is filed. The Board of Trustees shall approve the application of all
bona fide applicants who have complied with the above provisions.
The Board of Trustees may deny the application for any of the following
reasons:
(1)
The applicant provided false information on the application.
(2)
The individual listed or employed by the applicant has been
convicted of a felony, misdemeanor or ordinance violation involving
a sex offense, trafficking in controlled substances or any violent
act against persons or property.
(3)
The applicant is a person against whom a judgment or administrative
agency determination has been entered or a conviction obtained within
the five years immediately preceding the date of the application,
which is based upon fraud, deceit or misrepresentation.
(4)
The solicitation involves the sale of illegal substances or
services.
(5)
The applicant does not possess any applicable licenses required
by the laws of the United States, the State of New York, the County
of Nassau, the Town of North Hempstead, and/or the Village of Munsey
Park for such solicitation.
(6)
A determination by the Board of Trustees that the location and
time of the activities described in the application would endanger
the safety and welfare of the applicant or potential customers.
(7)
No license shall be granted, and no license shall be effective,
pursuant to this section, until the applicant has presented a surety
bond with a surety company reasonably approved by the Village of Munsey
Park, in the amount of $1,000.
B.
Upon approval of the application by the Board of Trustees, the Village
Clerk shall provide written notice to the applicant's address
set forth within the application within seven days of the approval.
If the Board of Trustees denies the application, the Village Clerk
shall provide written notice of the denial to the applicant's
address set forth within the application, which shall include the
reason(s) for denial, within 14 days.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A.
All solicitation must be conducted on weekdays and Saturdays only
between the hours of 10:00 a.m. and either 9:00 p.m. or 30 minutes
after sunset, whichever is earlier.
B.
Any solicitor licensed under this chapter shall not have more than
five individuals engaged in the solicitation at any one time.
C.
All solicitors shall obtain and maintain the current do-not-knock
registry, established pursuant to this chapter, at the time of issuance
of license and, thereafter, not less frequently than quarterly, for
the duration of the license to conduct solicitation pursuant to the
provisions of this chapter.
D.
Solicitation is expressly prohibited with respect to owners and occupants
who have made an appropriate filing with the do-not-knock registry,
as described in this chapter.
A.
Any owner or occupant of residential property located in the Village
who wishes to prohibit solicitation on the premises, owned or occupied
by such person, may complete a form available in the Village Clerk's
office or on the Village's website, setting forth the common
street address of such premises. Upon completion of the form, Village
Hall includes the owner/occupant's premises on a list of properties
that do not permit solicitation (herein referred to as the "do-not-knock
registry" or "registry").
B.
In order to be removed from the registry, the owner and/or occupant
must complete a form deleting the premises from the registry.
C.
The Board of Trustees shall, at its sole discretion, periodically
provide all solicitors with an updated do-not-knock registry.
D.
Solicitors shall not conduct any solicitations at any premises identified
on the then-current do-not-knock registry.
E.
It shall be the sole responsibility of the solicitor to abide by
updated versions of the registry.
All solicitors shall, at all times during such solicitation,
carry an identification card issued by the person licensed to conduct
the solicitation. Each identification card shall be prominently displayed
on the outer garment, and shall plainly show the name of the individual
who is soliciting, his or her photograph, and the person on whose
behalf such solicitation is being made.
A.
Any and all licenses that may be granted by the Board of Trustees
pursuant to any part of this chapter may, for good cause, be suspended
by the Mayor, and the giving of written notice by the Village Clerk,
for any of the following causes:
(1)
The licensee violates any provision of this chapter, including, but not limited to, § 132-7, the "Do not knock" registry.
(2)
Fraud, misrepresentation or a false statement contained in the
application for a license.
(3)
Violation of any of the restrictions imposed on the issuance
of such license or on the conduct of any solicitations so licensed.
(4)
The licensee, or any individual working on behalf of or who
worked on behalf of or with the licensee, is convicted of violating
any federal, state or local law while in the course of operating under
the license;
(5)
The activities for which the license was granted were or are
being conducted in a manner that is detrimental to the public health,
safety, peace or welfare.
B.
Within 10 days after receipt of written notice of the suspension,
the licensee may file a written objection to the suspension with the
Village Clerk, setting forth fully the grounds for objection. The
Board of Trustees will thereafter hold a hearing, within 30 days of
receipt of a written objection or within 40 days of the suspension
if no written objection is timely made by the licensee, for a hearing
to review the determination by the Mayor and to decide whether to
implement a full revocation of the license or to reinstate the license.
The Village Clerk shall send notice of such hearing to the licensee's
address set forth in the application at least three days prior to
the date set for the hearing, which the licensee shall be permitted
to attend. The Board of Trustees shall consider any objection to the
proposed revocation, whether by written objection pursuant to this
provision or made in person at said hearing.
C.
If the Board of Trustees decides to implement a revocation, then
the Village Clerk shall provide written notice of the revocation to
the licensee, which shall include the reason(s) for revocation, within
three days of the hearing. If the Board of Trustees determines not
to implement a revocation, and determines to reinstate the license,
the Village Clerk shall provide written notice to the licensee within
three days of the hearing. When a license has been revoked, no other
license shall be issued under the provisions of this chapter to the
same applicant within six months of the date of revocation.
Any applicant or licensee aggrieved by any action or determination
of the Board of Trustees or the Village Clerk hereunder may appeal
to the Board of Trustees, within 14 days after notice of the action
or determination complained of has been mailed to the address set
forth in the application, by filing a written statement setting forth
fully the grounds for appeal. The Village Clerk shall set a time and
place for a hearing on such appeal, within 30 days of receipt of the
appeal, and notice of such hearing shall be mailed to the applicant
or licensee's last known address at least seven days prior to
the date set for the hearing. The decision and order of the Board
of Trustees on such appeal shall be final and conclusive.
This chapter shall not apply to persons for whom exemption is
made by any special provision of law from any of the provisions of
this chapter, provided they are engaged in noncommercial solicitation.
This chapter shall also 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 fire district,
Boy Scouts, Girl Scouts, or other such youth organization, or to any
political party or candidate.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, and as otherwise provided herein. Each day of continuance of an offense shall be considered a separate offense.
[Adopted 7-14-2002 by L.L. No. 1-2002]
As used in this article, the following terms
shall have the meanings indicated:
Any confectionery food, fruit or other edible commodity or
drink or carbonated beverage.
Any vendor who sells ice cream or any other refreshment as
a primary product from a motor vehicle and along the public streets.
A.
All street vendors are prohibited from vending in
a manner that interferes with pedestrians or vehicular traffic or
other legitimate business in the Village of Munsey Park and shall
in any event be restricted to legal parking spaces and shall not stand,
stop or park therein for a period exceeding 10 minutes.
B.
All street vendors are prohibited from vending on
certain streets to be designated on the map, a copy of which shall
be provided with the permit, before 5:00 p.m. on days when school
is in session at the Munsey Park Elementary School.
C.
Every vehicle which is used to vend ice cream or refreshments
along the public streets shall be equipped with a caution arm on the
left side, which shall be illuminated or otherwise be equipped with
reflective material viewable from a distance of at least 500 feet
and any other device which meets the standards set forth by the Commissioner
of Motor Vehicles.
D.
No street vendor shall, directly or indirectly, cause
or permit the public streets, sidewalks or places to be littered with
papers, wrappings or other debris or refuse where the littering results
from the conduct of his business.
E.
No street vendor shall vend between sunset and 11:00
a.m. of the following day.
F.
All street vendors herein shall comply with Chapter 119, Noise, specifically § 119-2B(12) prohibiting the use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes.
G.
Persons licensed pursuant to the provisions of § 32
of the General Business Law of the State of New York shall be prohibited
from vending within the Village of Munsey Park unless they have obtained
a permit in accordance with the provisions of this chapter.
Any person, firm or corporation who or which shall violate or cause to be violated any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties. Each day of continuance of an offense shall be considered a separate offense.
If a court of competent jurisdiction shall declare
any section of this article unconstitutional or otherwise void and
ineffective, the validity of the remainder of this article shall not
be affected thereby.
A.
Street vendors shall file with the Village Clerk a
certificate of insurance (or a duplicate of an insurance policy) on
each and every vehicle for which an application is made. The policy
or certificate shall name the Village of Munsey Park as an additional
insured and shall be filed prior to issuance of a permit. Such proof
of insurance shall identify each vehicle covered by such policy or
certificate according to vehicle identification number. Cancellation
or lack of insurance shall be cause for immediate suspension of any
license under this chapter.
B.
Insurance coverage shall be at least in the amount
of $2,000,000 for personal injury, including death, to any one person
and $1,000,000 for damages on account of any one accident.
C.
Vehicle operators shall file with the Clerk a copy
of their valid New York State driver's license, a valid New York State
registration card for the vehicle, a copy of the Nassau County Department
of Health Form DH-2447 for the vehicle, a copy of their license issued
by the Town Clerk of the Town of North Hempstead, and a letter from
the ice cream distributor, authorizing the permittee to sell its product.
