[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 7-9-2019 by L.L. No. 9-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 102,
Peddling and Soliciting, adopted 4-11-2001 by L.L. No. 3-2001.
This chapter shall be known and may be cited as the "Peddling
and Residential Solicitation Law of the Village of Harriman." This
chapter replaces and supersedes the former Chapter 102, entitled "Peddling
and Soliciting."
A.
Village residents of the Village have an inalienable interest in
their personal safety, comfort, well-being, and privacy in their residences
as well as their ability to provide and receive information regarding
matters of personal belief, political or charitable activities, and
goods and services lawfully in commerce.
B.
This chapter is enacted for the purpose of regulating local activities
of itinerant sellers and solicitors of orders for sale in order that
the peace, health, safety, welfare and good order of the Village and
its inhabitants be preserved.
C.
The Village has a substantial interest in protecting the well-being,
tranquility, personal safety, and privacy of its residents, which
includes protecting residents from unwanted, harassing, and disruptive
intrusions and solicitations upon residential property. The Village
also has a substantial interest in protecting residents from fraudulent,
misleading, or otherwise unfair consumer sales practices, deceptive
door-to-door solicitations, and criminal activity.
D.
There must be a balance between these substantial interests of the
Village and its residents and the effect of this chapter on any rights
of those regulated. Based on the collective experiences derived from
regulating business activity, protecting persons and property from
criminal conduct, responding to the inquiries and complaints of residents
regarding door-to-door and in-home canvassing and solicitation, the
experience of its law enforcement officers and those affected by door-to-door
and in-home canvassing and solicitation, as well as judicial decisions
outlining the boundaries of constitutional protections afforded and
denied persons seeking to engage in door-to-door and in-home canvassing
and solicitation, the Village adopts this chapter to promote the Village's
substantial interests in:
(1)
Respecting residents' decisions regarding privacy in their residences;
(2)
Protecting persons from criminal conduct;
(3)
Regulating local activities of itinerant sellers and solicitors of
orders for sale in order that the peace, health, safety, and welfare
of the Village and its inhabitants shall be preserved;
(4)
Providing equal opportunity to advocate for and against religious
belief, political position, or charitable activities; and
(5)
Permitting truthful, nonfraudulent, and nonmisleading door-to-door
solicitation regarding lawful goods or services in intrastate or interstate
commerce that does not violate the property rights of any property
owner or resident in the Village.
E.
The Village finds that the procedures, rules, and regulations set
forth in this chapter are appropriately and narrowly tailored to preserve
and protect the Village interests referred to herein while at the
same time balancing the rights of those regulated.
F.
Nothing herein is intended to interfere with or supplant any other
requirement of state or federal law regarding any license, permit,
or certificate that a registered solicitor is otherwise required to
have or maintain. Nothing in this chapter shall be construed to preempt
any provision of state or federal law.
For the purposes of this chapter, the following definitions
shall apply:
Speech or conduct intended to inform, promote, or support
a political position, or charitable activities.
The Village Board or designee of the Village Board responsible
for receiving the information from the Village and appellant regarding
the denial or suspension of a certificate and issuing a decision as
required by this chapter.
The person or entity appealing the denial or suspension of
a certificate, either personally as an applicant or registered solicitor,
or on behalf of the applicant or registered solicitor.
An individual who is at least 16 years of age and not a corporation,
partnership, limited liability company, or other lawful entity who
applies for a certificate permitting door-to-door solicitation.
A standardized form provided by the Village to an applicant
to be completed and submitted as part of registration.
A document permitting door-to-door solicitation in the Village
applied for or issued pursuant to the terms of this chapter.
Advocating by persons or entities that either are, or support,
a charitable organization.
Includes any person, joint venture, partnership, limited
liability company, corporation, association, group, or other entity:
That is:
A benevolent, educational, voluntary health, philanthropic,
humane, patriotic, religious or eleemosynary, social welfare or advocacy,
public health, environmental or conservation, or civic organization;
For the benefit of a public safety, law enforcement, or firefighter
fraternal association; or
Established for any charitable purpose; and
That is tax exempt under applicable provisions of the Internal
Revenue Code of 1986 as amended, and qualified to solicit and receive
tax-deductible contributions from the public for charitable purposes.
Charitable organization also includes a chapter, branch, area,
or office, or similar affiliate or any person soliciting contributions
within the state for a charitable organization that has its principal
place of business outside the Village or State of New York.
A person claiming or appearing to be at least 18 years of
age and of sufficiently sound mind and body to be able to engage in
rational thought, conversation, and conduct.
A fully completed application form, two copies of the original
identification relied on by the applicant to establish proof of identity,
and the tendering of fees.
The final entry of a conviction, whether by a plea of no
contest, guilty, entry of a judicial or jury finding of guilt, which
has not been set aside on appeal or pursuant to a writ of habeas corpus.
The criminal conviction is that offense of which the applicant or
registered solicitor was convicted, without regard to the reduced
status of the charge after completion of conditions of probation or
parole, and charges dismissed under a plea in abeyance or diversion
agreement.
Anything specifically defined in this chapter as requiring
the denial or suspension of a certificate, and any of the following:
Subject to a determination being made pursuant to the provisions of Subsection H of this definition, the applicant or registered solicitor has been criminally convicted of a felony within the last 10 years;
A final civil judgment has been entered against the applicant
or registered solicitor within the last five years indicating that:
The applicant or registered solicitor has an outstanding arrest
warrant from any jurisdiction; or
The applicant or registered solicitor is currently subject to
a protective order based on physical or sexual abuse issued by a court
of competent jurisdiction.
The practice of engaging in or attempting to engage in conversation
with any person at a residence, whether or not that person is a competent
individual, while making or seeking to make or facilitate a home solicitation
sale, or attempting to further the sale of goods and/or services.
Includes a corporation, partnership, limited liability company,
or other lawful entity, organization, society or association.
The cost charged to the applicant or registered solicitor
for the issuance of a certificate and/or identification badge, which
shall not exceed the reasonable costs of processing the application
and issuing the certificate and/or identification badge.
A civil judgment that would be recognized under state law
as a judgment to which collateral estoppel would apply.
The sale of prepared food products for immediate consumption
from a motor vehicle, trailer, platform, stand or tent on any highway
or other place within the Village other than within a fully enclosed
building or a stand or outside sales and eating place maintained as
an adjunct to a food-vending business maintained in any adjoining
fully enclosed building.
One or more tangible items, wares, objects of merchandise,
perishables of any kind, subscriptions, or manufactured products offered,
provided, or sold.
Includes New Year's Day, July 4, Labor Day, Thanksgiving
Day and Christmas Day.
To make or attempt to make a sale of goods or services by
a solicitor at a residence by means of door-to-door solicitation,
regardless of:
The Village Clerk or other designee of the Village Board
responsible for receiving from an applicant or registered solicitor
the completed application and either granting, suspending, or denying
the applicant's certificate.
A reasonably visible and legible sign that states "No Soliciting"
or "No Solicitors" or "No Salespersons" or "No Trespassing," or words
of similar import.
One or more persons, corporations, partnerships, associations,
organizations and all other entities.
Any actually held belief or information for, against, or
in conjunction with any political, social, environmental, or humanitarian
belief or practice.
Any person who has been issued a current certificate by the
Village.
The process used by the Village licensing officer to accept
a completed application and determine whether or not a certificate
will be denied, granted, or suspended.
Any sincerely held belief or information for, against, or
in conjunction with any theistic, agnostic, or atheistic assumption,
presumption or position, or religious doctrine, dogma, or practice
regardless of whether or not the belief or information is endorsed
by any other person or public or private entity.
Any living unit contained within any building or structure
that is occupied by any person as a dwelling consistent with the zoning
laws of the Village, together with the lot or other real property
on which the living unit is located. This does not include the sidewalk,
public street or public rights-of-way.
That person or entity responsible:
With respect to an applicant or registered solicitor, for maintaining
a state sales tax number, a special events sales tax number, computing
the sales taxes owing from any sale of goods or services, paying the
sales taxes, and filing any required returns or reports; and
With respect to the competent individual in a residence to whom
a sale of goods or services is made or attempted to be made by means
of a home solicitation sale:
Facilitating and responding to requests from consumers who desire
to cancel the sale pursuant to applicable contractual rights or law;
and
Refunding any monies paid or reversing credit card charges to
those persons who timely rescind any sale pursuant to applicable contractual
rights or law.
A trucker gardener or farmer who himself or by his agents
sells or barters products of his own farm or garden from any location
within the Village, other than his residence or farm.
The conduct and agreement of a solicitor and the competent
individual in a residence regarding a particular good(s) or service(s)
that entitles the consumer to rescind the same within three days under
any applicable federal, state, or local law.
Those intangible goods or personal benefits offered, provided,
or sold to a competent individual of a residence.
Any of the following activities:
Seeking to obtain sales or orders for the exchange of goods,
wares, merchandise or perishables of any kind, for any kind of remuneration
or consideration, regardless of whether advance payment is sought;
Seeking to obtain prospective customers to apply for or to purchase
insurance, subscriptions to publications, or publications;
Seeking to obtain contributions of money or any other thing
of value for the benefit of any person or entity;
Seeking to obtain orders or prospective customers for goods
or services;
Seeking to engage an individual in conversation at a residence
for the purpose of promoting or facilitating the receipt of information
regarding home solicitation sale or purchase; and
Other activities falling within the commonly accepted definition
of soliciting, such as canvassing, hawking, or peddling.
A person(s) engaged in door-to-door solicitation or otherwise
engaged in activities constituting solicitation.
The information for an appeal of a denial or suspension of
a certificate submitted in any type of written statement to the Village
offices by certified, registered, priority, overnight or delivery
confirmation mail, facsimile, or hand delivery.
An oral, written, or electronic report that is submitted to
and documented by the Village by any of the following:
A competent individual who is willing to provide law enforcement
or other Village employees with publicly available identification
of their name, address, and any other reliable means of contact;
A law enforcement officer with jurisdiction in the Village or
a licensing officer; or
Any other regularly established law enforcement agency at any
level of government; and
That provides any of the following information regarding a registered
solicitor:
Documented verification of a previously undisclosed disqualifying
status of a registered solicitor;
Probable cause that the registered solicitor has a disqualifying
status that has not yet been confirmed to be a disqualifying status;
Documented, eyewitness accounts that the registered solicitor
has engaged in repeated patterns of behavior that demonstrates failure
by the registered solicitor to adhere to the requirements of this
chapter; or
Reasonable cause that continued licensing of the registered
solicitor creates exigent circumstances that threaten the peace, health,
safety, or general welfare of any individuals or entities within the
Village.
A business conducted in any motor vehicle, trailer or tent
or on any street or other open place for the sale of retail goods,
wares or merchandise, excepting prepared food and farm products.
Village of Harriman.
The Village Board of the Village of Harriman.
The Village Clerk of the Village of Harriman.
The written form provided to the applicant by the Village
wherein the applicant agrees that the Village may obtain a background
check on the applicant for licensing purposes under this chapter,
and which contains the applicant's notarized signature.
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 such
as Girl or Boy Scout programs, Little League, Rotary Club, Lions Club
or like-minded local civic groups soliciting for the benefit of such
organizations that shall have otherwise been certified or otherwise
been duly qualified as required by law or by any competent governmental
body or agency;
(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)
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 filed with the Village, and that such student solicitors carry
current picture student identification from the educational institution
for which they are soliciting;
(7)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Village or their employees
while acting within the scope of their employer and not having another
use;
(8)
Persons engaged in the sale of cosmetics or household goods within
a residence, provided that such sales occur solely and exclusively
within a residence by permission of the owner thereof;
(9)
A child regularly attending any public or private school within the
County of Orange.
(10)
Sales conducted pursuant to statute or court order.
B.
All persons and organizations who are exempted from the license requirements
under this chapter shall maintain and keep records identifying all
persons soliciting funds within the Village, 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 a law enforcement authority
or other enforcement official investigating any solicitor or peddler.
A.
Unless otherwise authorized, permitted, or exempted pursuant to the
terms and provisions of this chapter, the practice of being in and
upon a private residence or property upon which a private residence
is located within the Village by solicitors, for the purpose of home
solicitation sales or to provide goods or services is prohibited and
is punishable as set forth in this chapter. It shall be unlawful for
any person to conduct or operate a transient retail business, roadside
farm market or food-vending business.
B.
Further, it shall be unlawful for any person to solicit within the
Village without first having registered with the Village Clerk and
having received, and having in force and effect, a certificate for
the same, if such is required by the Village Clerk.
C.
Additionally, no person shall engage in the following acts within
the Village:
(1)
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
(2)
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted in or
may result in:
(3)
Make any representation or misrepresentation concerning the listing
or sale of the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
(4)
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will or might undergo an adverse change
with respect to the religious, racial, or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
(5)
Place, canvass, or distribute any letter, sign, note, pamphlet, advertisement,
flyer, leaflet, placard, or other written material, to or upon a private
residence purporting an offer for sale or purchase for any property
that is not in fact offered for sale by the owner of said property.
(6)
Advertise for sale or rental property which is nonexistent or which
is not actually for sale or rental.
(7)
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, create or play upon
unjustified fear with the purpose of inducing or attempting to induce
the sale or listing for sale of real property.
(8)
Solicit or canvass any person whose name and property address is
included on the list maintained by the Village Clerk of persons requesting
that they not be canvassed or solicited, or solicit or canvass any
occupant of a residence displaying a no-solicitation notice.
(9)
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
(10)
To aid, abet, incite, compel or coerce any person to engage
in any of the practices forbidden by this chapter or to obstruct or
prevent any person from complying with the provisions of this chapter.
(11)
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
(12)
Solicit or attempt to solicit the sale or rental or the listing
for sale or rental of real property without furnishing in written
form to the owner or occupier of such real property the name of the
person or organization soliciting such sale, rental or listing.
(13)
Solicit on sidewalks.
(14)
Maintain any booth or stand or place any barrels, boxes, crates
or other obstruction upon any street, sidewalk or public place for
the purpose of conducting business without the express advanced approval
of the Code Enforcement Officer or the Village Board.
(15)
Willfully misstating any fact about any article offered for
sale.
(16)
Willfully offering for sale any article of an unwholesome or
defective nature.
(17)
Call attention to his goods by blowing a horn, by ringing a
bell, other than a house doorbell, by shouting or crying or by any
loud or unusual noise, except that peddlers of ice cream and ice cream
products for immediate consumption are exempted from the foregoing
prohibition of the use of a bell.
(18)
Frequent any street, sidewalk or public place so as to cause
a private or public nuisance.
(19)
Fail to keep any vehicle or receptacle used by him or her in
his or her licensed business in a sound, clean and/or sanitary condition.
(20)
Fail to keep any edible articles offered for sale well protected
from dirt, dust and insects.
(21)
Fail to deliver to every person to whom a sale is made or from
whom an order is taken a legibly written receipt, signed and dated
by the licensee, setting out the total price, a description of the
goods or services sold or ordered and a statement of any payment received
by the licensee.
(22)
Fail to leave premises promptly upon request of any occupant
of such premises.
(23)
Solicit or selling during hours other than between the hours
of 9:00 a.m. and 6:00 p.m. or any time on holidays.
(24)
Conduct business in a Village right-of-way or on Village property.
(25)
Conduct activities in such a manner as to interfere with the
pedestrian or vehicular use of the public streets and places.
(26)
Cause or permit the public streets and places to be littered
with papers, wrappings or other debris or refuse.
(27)
Conduct business within 100 feet of a street intersection.
D.
All solicitors shall immediately move from a location if so ordered
by any police officer or Village officer on grounds that the location
is unsafe. Refusal to obey such order shall be grounds for suspension
or revocation of the license. Such order may be appealed to the Village
Board in the manner set forth herein.
Unless otherwise exempt under this chapter, all persons desiring
to engage in door-to-door solicitation within the Village, prior to
doing so, shall submit a completed application to the licensing officer
and obtain a certificate. All certificates are issued for a ninety-day
term and will automatically expire after 90 days, or on December 31,
whichever is earliest. Any false statement on any application shall
be grounds for denial or revocation of the license.
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 fee:
A.
Review of written disclosures. An affirmation that the applicant
has received and reviewed the disclosure information required by this
chapter.
B.
Contact information.
(1)
Applicant's true, correct and legal name, including any former names
or aliases used during the last 10 years;
(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; and
(4)
The address by which all notices to the applicant required under
this chapter are to be sent;
(5)
The name and address of the firm represented, if any; and
(6)
The name and address of a person upon whom legal notice or process
may be served.
C.
Proof of identity.
(1)
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:
(a)
A valid driver's license issued by any state;
(b)
A valid passport issued by the United States;
(c)
A student identification card provided by an educational institution;
(d)
A valid identification card issued by any state; or
(e)
A valid identification issued by a branch of the United States
military.
(2)
Upon verification of identity, the original identification submitted
to establish proof of identity shall be returned to the applicant.
D.
Proof of registration. The applicant shall provide proof that either
the applicant, or the responsible person or entity, has registered
with all required regulatory authorities.
E.
Sales tax number. The applicant shall provide a sales tax number
for either the applicant, or for the responsible person or entity
for which the applicant will be soliciting.
F.
Marketing information. The applicant shall provide the following:
(1)
The goods or services offered by the applicant, including any commonly
known, registered or trademarked names;
(2)
Whether the applicant holds any other licenses, permits, registrations,
or other qualifications required by federal or state law to promote,
provide, or render advice regarding the offered goods or services;
(3)
The length of time for which the license is required;
(4)
A description of the vehicle, including license number of the vehicle
the applicant intends to use in the Village; and
(5)
The location the applicant intends to sell goods, wares, services,
or merchandise or solicit orders for the same.
G.
Background check/report. The Police Department of the Village of
Harriman shall make an investigation of the applicant in connection
with the issuance of such license.
H.
Responses to questions regarding disqualifying status. The applicant
shall be required to affirm or deny each of the following statements
on the application form:
(3)
Has the applicant been criminally convicted of a felony within the
last 10 years;
(5)
Has a final civil judgment been entered against the applicant within
the last five years indicating that:
(6)
Is the applicant currently on parole or probation to any court, penal
institution, or governmental entity, the conditions of which include
being under house arrest or subject to a tracking device;
(7)
Does the applicant have an outstanding arrest warrant from any jurisdiction;
or
(8)
Is the applicant currently subject to a protective order based on
physical or sexual abuse issued by a court of competent jurisdiction.
I.
Fee. The applicant shall pay such ninety-day certificate fees as
determined from time to time by resolution of the Village Board, which
shall not exceed the reasonable cost of processing the application
and issuing the certificate and/or identification badge. Any person
who presents a valid current license issued by the Orange County Clerk
pursuant to the provisions of the General Business Law of the State
of New York shall be exempt from paying the fees required by the Village
for the issuance of a license under this chapter.
J.
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.
K.
The applicant shall complete, sign and submit with the application
form a background check consent and release on a form provided by
the Village.
The application form shall be accompanied by written disclosures
notifying the applicant of the following:
A.
The applicant's submission of the application authorizes the Village
to verify information submitted with the completed application, including,
but not limited to:
B.
The Village may consult any publicly available sources for information
on the applicant, including but not limited to databases for any outstanding
warrants, protective orders, or civil judgments;
C.
Establishing proof of identity is required before registration is
allowed;
D.
Identification of the fee amount that must be submitted by the applicant
with a completed application;
E.
To the extent permitted by state and/or federal law, the applicant's
background check shall remain a confidential, protected, private record
not available for public inspection;
F.
The Village will maintain copies of the applicant's application form,
proof of identity, and certificate. These copies will become public
records available for inspection on demand at the Village offices
whether or not a certificate is denied, granted, or renewed;
G.
The criteria for disqualifying status, denial, or suspension of a
certificate under the provisions of this chapter.
The licensing officer shall not begin the registration process
unless the applicant has submitted a completed application. The original
identification submitted to establish proof of identity shall be returned
after the licensing officer verifies the applicant's identity. A copy
of the identification may be retained by the licensing officer.
The licensing officer shall review the completed application
submitted by the applicant and issue a certificate in accordance with
the following:
A.
Certificate. Within five calendar days of the date the applicant
has submitted a completed application, the Village shall:
(1)
Take any and all actions it deems appropriate to verify the truthfulness
and completeness of the information submitted by the applicant, including
but not limited to those disclosed with the application form.
(2)
Submit
the application to the Building Department and Police Department for
review and approval; if approved, such approval shall be indicated
by signing in the space provided on the application form.
[Added 1-10-2023 by L.L. No. 1-2023[1]]
[1]
Editor's Note: This local law also renumbered former § 102-11A(2) as § 102-11A(3).
B.
No solicitor shall represent to any person or entity that the granting
of a permit hereunder signifies an endorsement of the methods, goals
or precepts of the solicitor's organization by the Village of Harriman.
C.
All permits which may be issued pursuant to the provisions of this
chapter and all such permit holders, at all times, shall be subject
to such additional reasonable rules, regulations and ordinances in
respect to the conducting of the business of peddling or soliciting,
as hereafter may be adopted by the Village Board of the Village of
Harriman.
[Amended 1-10-2023 by L.L. No. 1-2023]
A.
Certificate form. Should the licensing officer determine that the
applicant is entitled to a certificate, the licensing officer shall
issue a certificate to the applicant. The certificate shall list the
name of the registered solicitor and the responsible person or entity,
if any, and the date on which the certificate expires. The certificate
shall include a redacted copy of the registered solicitor's license
or other valid proof of identity. The certificate shall be signed,
upon approval by the licensing officer, by the Mayor and Treasurer
or their designees. The certificate shall be carried by the registered
solicitor at all times while soliciting in the Village.
The licensing officer shall maintain and make available for
public inspection a copy or record of every completed application
received and the certificate or written denial issued by the Village,
including the date of issuance of any license and the date of revocations
of all licenses revoked. The applicant's Village of Harriman Police
Department check shall remain a confidential, protected, private record
not available for public inspection. The licensing officer may furnish
to the head of the law enforcement agencies with jurisdiction in the
Village a listing of all applicants, those denied, and those issued
a certificate.
Certificates shall be issued only in the name of the applicant
and shall list the responsible party or entity, if any. The certificate
shall be nontransferable. A registered solicitor desiring to facilitate
or attempt to facilitate home solicitation sales with different goods
or services, or responsible person or entity, from those designated
in the originally submitted, completed application, shall submit a
written change request to the licensing officer. A new certificate
based on the amended information may be issued for the balance of
time remaining on the solicitor's previous certificate before the
amendment was filed. In the event that the applicant has employees
or agents working with or for the applicant, a separate application
must be filed for each employee or agent. The license fee for each
additional license shall by 25% of the license fee set forth by the
Village Board.
A.
Denial. Upon review, the licensing officer shall refuse to issue
a certificate to an applicant for any of the following reasons:
(1)
Denial of certificate.
(a)
The application form is not complete;
(c)
The completed application or the Village of Harriman Police
Department investigation indicates that the applicant has a disqualifying
status; or
(d)
The applicant has previously been denied a certificate by the
Village, or has had a certificate revoked for grounds that still constitute
a disqualifying status under this chapter.
(e)
The information submitted by the applicant is found to be incomplete
or incorrect;
(f)
Since the submission of the completed application, the applicant
is subject to a previously undisclosed or unknown disqualifying status;
(g)
Failure to complete payment of the fees;
(h)
Since the submission of the application, the Village has received
a substantiated report regarding the past or present conduct of the
applicant;
(i)
Since the submission of the application, the Village or other
governmental entity has either criminally convicted or obtained a
civil injunction against the applicant for violating this chapter
or similar federal, state, or municipal laws in a manner rising to
the level of a disqualifying status; or
(j)
Since the submission of the application, a final civil judgment
has been entered against the applicant indicating that:
B.
Suspension or revocation. The Village shall either suspend or revoke
a certificate when any of the reasons warranting the denial of a certificate
occurs and/or for any violation of this chapter.
C.
Notice of denial or suspension. Upon determination of the licensing officer to deny an applicant's completed application or to suspend a registered solicitor's certificate, the Village shall cause written notice to be sent to the applicant or registered solicitor by the method indicated in the completed application. The notice shall specify the grounds for the denial or suspension, the documentation or information the Village relied on to make the decision, the availability of the documentation for review by the applicant upon three business days' notice to the Village, and the date upon which the denial or suspension of the certificate shall take effect. It shall further state that the applicant or registered solicitor shall have 10 business days from the receipt of the notice of denial or suspension to appeal the same. The denial or suspension of the certificate shall be effective no sooner than three calendar days from the date the notice is sent, unless that suspension is because of exigent circumstances outlined in the definition of "substantiated report" in § 102-3, in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a certificate automatically results in its revocation.
A.
An applicant or registered solicitor whose certificate has been denied
or suspended shall have the right to appeal to the Village Board or
its designee. Any appeal must be submitted by either the applicant,
the responsible person or entity, or legal counsel for either who:
B.
The following procedures and requirements shall apply:
(1)
Any appeal must be submitted in writing to the Village Clerk with
a copy to the licensing officer within 10 business days of the decision
from which the appeal is taken. Such appeal shall describe in detail
the nature of the appeal, the action complained of and the grounds
for appeal.
(2)
Upon request of the applicant or registered solicitor, within one
business day, the Village will make available any information upon
which it relied in making the determination to either deny or suspend
the certificate.
(3)
The appeals officer shall review, de novo, all written information
submitted by the applicant or registered solicitor to the licensing
officer, any additional information relied upon by the licensing officer
as the basis for denial, suspension or revocation, and any additional
information supplied by the Village, applicant or registered solicitor.
Any additional information submitted by any party to the appeal to
the appeals officer shall be simultaneously submitted to the opposing
party. If desired, any party shall have three business days to submit
rebuttal documentation to the appeals officer regarding the additional
information submitted by the opposing party.
(4)
The appeals officer will render a decision no later than 15 calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits rebuttal information as allowed in Subsection B(3) of this section, the 15 calendar days shall be extended to include the additional three days for rebuttal.
(a)
The denial or suspension of the certificate shall be reversed
by the appeals officer if, upon review of the written appeal and information
submitted, the appeals officer finds that the licensing officer made
a material mistake of law or fact in denying or suspending the applicant
or registered solicitor's certificate.
(b)
If the written appeal and information submitted indicates that
the licensing officer properly denied or suspended the certificate
of the applicant or registered solicitor, the denial or suspension
of the certificate shall be affirmed and constitute a determination
that the suspended certificate is revoked.
(c)
The decision of the appeals officer shall be delivered to the
applicant or registered solicitor by the means designated in the completed
application, or as otherwise agreed upon when the appeal was filed.
(5)
After the ruling of the appeals officer, the applicant or solicitor
is deemed to have exhausted all administrative remedies with the Village.
(6)
Nothing herein shall impede or interfere with the applicant's, solicitor's,
or Village's right to seek relief in a court of competent jurisdiction.
A.
No solicitor shall intentionally make any materially false, fraudulent,
or otherwise misleading statement in the course of soliciting.
B.
C.
No solicitor
shall use a fictitious name, an alias, or any name other than his
or her true and correct name.
D.
No solicitor
shall represent directly or by implication that the granting of a
certificate of registration implies any endorsement by the Village
of the solicitor's goods or services or of the individual solicitor.
E.
The provisions
of this section shall apply also to solicitors who are exempt from
registration pursuant to the provisions of this chapter.
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 main entrance door or on or near the property line
adjacent to the sidewalk leading 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.
D.
The provisions of this section shall apply also to solicitors who
are exempt from registration pursuant to the provisions of this chapter.
E.
In addition and/or alternatively, any person who owns, rents, and/or
otherwise occupies a residence and/or business 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.
Every person soliciting or advocating shall check each residence
for any "No Soliciting" sign or placard or any other notice or sign
notifying a solicitor not to solicit on the premises, such as, but
not limited to, "No Solicitation" signs. If such sign or placard is
posted such solicitor shall desist from any efforts to solicit at
the residence or dwelling and shall immediately depart from such property.
Possession of a certificate of registration does not in any way relieve
any solicitor of this duty.
B.
It is a violation of this chapter for any person soliciting or advocating
to knock on the door, ring the doorbell, or in any other manner attempt
to attract the attention of an occupant of a residence that bears
a "No Solicitation" sign or similar sign or placard for the purpose
of engaging in or attempting to engage in advocating, a home solicitation
sale, door-to-door soliciting, or soliciting.
C.
It is a violation of this chapter for any solicitor through ruse,
deception, or fraudulent concealment of a purpose to solicit to take
action calculated to secure an audience with an occupant at a residence.
D.
Any solicitor who is at any time asked by an occupant of a residence
or dwelling to leave shall immediately and peacefully depart.
E.
The solicitor shall not intentionally or recklessly make any physical
contact with or touch another person without the person's consent;
F.
The solicitor shall not follow a person into a residence without
their explicit consent;
G.
The solicito7r shall not continue repeated soliciting after a person
and/or competent individual has communicated clearly and unequivocally
their lack of interest in the subject, goods or services of the solicitor;
H.
The solicitor shall not use obscene language or gestures.
I.
Solicitors are only allowed to solicit at the front door of a property
that faces the street.
It shall be unlawful for any person, whether licensed or not, to solicit at a residence before 9:00 a.m. or after 6:00 p.m., or on holidays as defined in § 102-3, unless the solicitor has express prior written permission from the resident to do so.
In any home solicitation sale, unless the buyer requests the
solicitor in writing to provide goods or services without delay, the
seller or solicitor shall present to the buyer and obtain the buyer's
signature to a written statement which informs the buyer of the right
to cancel within 10 business days after signing an agreement to purchase.
Such notice of "buyer's right to cancel" shall be in the form required
by the Village.
Any person who violates any term or provision of this chapter
shall be guilty of a misdemeanor and shall be punished by a fine of
not to exceed $1,000 and/or a jail sentence not to exceed six months.
A.
Any Police Department with jurisdiction in the Village of Harriman
and/or the Village Code Enforcement Officer or other enforcement official
as may be designated by the Village Board, is charged with enforcing
the provisions of this chapter and shall have the power, right and
authority to issue an appearance ticket, as the same is defined in
Article 150 of the Criminal Procedure Law of the State of New York,
for the violation of any section of this chapter.
B.
Any persons claiming to be aggrieved by an alleged unlawful practice
forbidden by this chapter may, in his or her sole capacity or through
an attorney at law, make, sign and file a complaint directly with
a Police Department having jurisdiction, or with the Village Clerk,
who shall forward the complaint to an appropriate authority for investigation.
