[HISTORY: Adopted by the Board of Trustees of the Village
of Mineola 12-14-1994 by L.L. No. 4-1994 (Ch. 17 of the 1994
Code); amended in its entirety 9-18-2019 by Ord. No. 4-2019. Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Village
of Mineola Peddlers and Solicitors Law."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barter, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Includes any person who goes from place to place or house
to house or by telephone or stands in any street or public place taking
or offering to take orders for goods, wares or merchandise, books,
magazines, periodicals or any other item or items of value (except
newspapers, dairy products or milk) or for services to be performed
in the future or for making, manufacturing, or repairing any article
or thing whatsoever for future delivery at the home or residence of
any person who has been solicited prior thereto by telephone or has
responded to any type of advertising media requiring an appointment
or consultation or sales presentation in the home or place of residence
of such person.
A.
Generally. Nothing in this chapter shall be held to apply to:
B.
Interstate commerce. This chapter shall not apply so as to unlawfully interfere with interstate commerce, and, to that end, all persons claiming to be engaged in interstate commerce shall apply to the licensing officer for a certificate of compliance, using the form of application described in § 381-5A; the applicant shall also submit to the licensing officer satisfactory evidence that he or she is engaged in interstate commerce.
C.
Certificate of compliance. When the applicant shall have established
to the satisfaction of the licensing officer that he or she is engaged
in interstate commerce, the licensing officer shall issue to him or
her, without charge, a certificate of compliance, stating, among other
things, that such person has complied with the requirements of this
section and has satisfactorily established that he or she is engaged
in interstate commerce. Such certificate shall be carried with the
person exercising it and shall be exhibited upon demand. Each such
certificate shall be invalid after one year from its date of issue.
The securing of any such certificate by fraud or misrepresentation
by any person not in fact engaged in interstate commerce shall constitute
a violation of this chapter.
It shall be unlawful for any person within the limits of the
Village to act as a hawker, peddler or solicitor as herein defined
or assist same without first having obtained and paid for, and having
in force and effect, a license therefor or having in force and effect
a certificate of compliance.
A.
Any person desiring to procure a license as herein provided shall
file with the Village Clerk a written application, upon a form furnished
by the Village Clerk. Such application shall give:
(1)
The number and kind of vehicles to be used by the applicant in carrying
on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he or she desires to sell
or the kind of service he or she desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of a misdemeanor
or felony, and, if so, give date of conviction, nature of offense,
penalty imposed, and name and address of court.
(6)
The name and address of the person, firm or corporation he or she
represents.
(7)
The length of time the applicant desires the license.
(8)
Such other information as may be required by the licensing officer
to substantiate the above items.
B.
If applicable, such application shall be accompanied by a certificate
from the Director of Weights and Measures of the County certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
A.
Licensing officer to issue or deny. Within five business days of the filing of the application, and payment of the required fee, the licensing officer shall, upon his or her approval of such application, issue to the applicant a license as provided in § 381-4. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the licensing officer, renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought.
A license shall not be assignable. Any holder of any license
who permits it to be used by any other person and any person who uses
such license granted to any other person shall each be guilty of a
violation.
Whenever a license shall be lost or destroyed on the part of
the holder or his or her agent or employee, a duplicate in lieu thereof,
under the original application and bond, may be issued by the licensing
officer upon the filing with him or her by the licensee of an affidavit
setting forth the circumstances of the loss and what, if any, search
has been made for its recovery.
All licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in that order
in which they are issued, and shall state clearly the kind of vehicle
to be used, the kind of goods, wares and merchandise to be sold or
service to be rendered, the number of his or her license, the date
of issuance and expiration of the license, the fee paid and the name
and address of the licensee.
Such license shall be for such term as requested by the applicant
but shall expire not later than the 31st day of December of the year
in which the license is issued.
Every licensee, while exercising his or her license, shall carry
the license with him or her and shall exhibit the same upon demand.
The license fees established by resolution of the Board of Trustees
shall be paid to the Village before engaging in any activity requiring
a license pursuant to this chapter.
A.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after the hour of 9:00 p.m. of any day, except
upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor in plying his or
her trade to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to public view
any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents," or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend, or sell his or her goods
or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall he or she permit
his or her cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently misrepresent
the quantity, character or quality of any article offered for sale.
No person shall, by any trick or device or by any false representation,
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Village.
E.
No peddler or solicitor shall blow a horn, ring a bell, or use any
other noisy device to attract public attention to his or her wares
or shout or cry out his or her wares, except as otherwise permitted
in this Municipal Code.
F.
It shall be unlawful to create or maintain any booth or stand or
place any barrels, boxes, crates or other obstructions upon any street
or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
G.
No peddler or solicitor shall represent or state or otherwise indicate
that he or she is not intending to sell or otherwise enter into a
contract with any person in the household.
H.
Entry.
(1)
Notwithstanding any other provision in this chapter, no person shall
enter upon any private residential property in the Incorporated Village
of Mineola for the purpose of vending, peddling or soliciting an order
for any merchandise, device, work, services, book, periodical or printed
matter whatsoever; nor for the purpose of soliciting alms or a subscription
or a contribution to any church, charitable or public institution;
nor for the purpose of distributing in person any handbill, pamphlet,
tract, notice or advertising material; nor for the purpose of selling
or distributing any ticket or chance whatsoever, without the consent
of the occupant of said premises previously given.
(2)
Exception. This subsection shall not apply to organizations, the
principal beneficiaries of which are minors, volunteer fire departments,
and the solicitation of members of an organization, society or church
by its own members.
I.
Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and any merchandise delivered shall be forfeited, and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his or her principal.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, made in duplicate, stating the terms thereof and the
amount paid in advance, and one copy shall be given to the purchaser
at the time the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of
all applications and of all licenses granted under the provisions
of this chapter, giving the number and date of each license, the fee
paid and the date of revocation of all licenses revoked.
The violation of any provision of this chapter shall be punishable as set forth in § 1-6 of this Code.
