[HISTORY Adopted by the Board of Trustees
of the Village of East Rockaway 5-26-1941; amended in its entirety 2-5-2019 by L.L. No. 7-2019.
Subsequent amendments noted where applicable.]
Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation
or their agents or representatives, to proselytize, canvass, solicit
business, take orders for goods or services or to distribute handbills,
pamphlets or other written material or solicit donations or contributions
of money or property or financial assistance 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 East
Rockaway 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 East Rockaway
and shall contain the following information:
A.
Name, address and purpose of the cause for which the license is sought.
B.
Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C.
Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
solicitation.
D.
Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E.
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F.
The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the
person or persons who shall be conducting the solicitation or otherwise
peddling, soliciting or canvassing.
G.
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
H.
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, registration certification information and liability insurance
information or other satisfactory means of identification. Such information
shall be presented for inspection, upon demand, by any East Rockaway
Village Code Enforcement Officer or East Rockaway Village police officer.
I.
The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.
J.
Such other information as the Board of Trustees may require.
[Amended 1-13-2020 by L.L. No. 2-2020]
All applications must be accompanied by a $200 fee payable to
the Clerk, Village of East Rockaway. This fee will be applied to:
Upon receiving such application, the 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:
A.
An investigation reveals that the applicant falsified information
on the application.
B.
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.
C.
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 based
upon fraud, deceit or misrepresentation.
D.
The solicitation involves the sale of illegal substances or services.
E.
The applicant does not possess any applicable licenses required by
the United States, the State of New York, the County of Nassau or
the Town of Hempstead.
F.
A determination by the East Rockaway Village Commissioner of Police
that the location and time of the activities described in the application
would endanger the safety and welfare of the applicant or potential
customers.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A.
Payment by the applicant of the license fee of $200.
B.
All activity must be conducted on weekdays and Saturdays only between
the hours of 9:00 a.m. and dusk (i.e., 30 minutes after sunset).
C.
Any organization, society, association, company or corporation licensed
under this chapter shall not have more than 10 individuals engaged
in the 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.
E.
The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees in writing that they do not desire solicitation.
Any person not desiring solicitation upon the person's
private property may advise the Board of Trustees by written notice
objecting to any or all solicitation or distributions. Such notice
shall include the name of the person filing; the address of the property
affected; the date of such filing; a statement specifically identifying
the organizations or institutions which the person filing objects
to permitting entrance onto his private residential property for the
purpose of solicitation or distribution; or that all such solicitation
or distribution is objected to.
All persons soliciting donations or contributions or proselytizing
pursuant to this chapter shall, at all times during such period, carry
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the solicitation. Each
identification card shall be displayed on the outer garment and shall
plainly show the name of the person who is soliciting, his or her
photograph and the person, organization, society, association, company
or corporation on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees
pursuant to any part of this chapter may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
No license shall be issued for any vehicle used for solicitation
unless a license therefor is obtained as hereinafter provided:
A.
Every applicant for such a license is required to submit to the Village
Clerk a written application supplying under affidavit the following
information: that he is a citizen of the United States, has never
been convicted of a felony or misdemeanor, is a fit and desirable
person and is capable of properly conducting the trade or occupation
desired. If satisfied that the applicant possesses the required qualifications,
the Village Clerk shall, upon receipt of the license fee, issue a
license to the applicant upon payment of the license fee of $200.
Such license shall be issued annually and shall expire on the 31st
day of December next succeeding the date of issuance thereof.
B.
Every such licensee using the vehicle shall have and keep the number
of his license painted in conspicuous figures on a metallic sign on
a conspicuous place on the side of such vehicle, and if any person
uses or employs more than one vehicle for such business, he shall
procure a separate license for each of such vehicles. All licenses
shall be displayed in a conspicuous place within the vending vehicles.
C.
The vending vehicle shall, at all times, be kept in a safe operational
condition, including fully operational horn, safety lights and safety
arm with stop sign. Upon request, the licensee agrees to allow the
vehicle to be inspected by the Village of East Rockaway.
D.
It shall be unlawful to stop for the purposes of soliciting without
the warning lights, safety arm and stop sign activated and all amplified
sound or noise terminated until the vehicle leaves the location.
E.
Vending shall only take place from the side or rear of the vehicle,
away from moving traffic and as near as possible to the curb or edge
of the roadway.
F.
There shall be no vending to a person standing in the roadway.
G.
The driver of a vending vehicle shall not back up the vehicle to
make or attempt a sale.
H.
The driver of a vending vehicle shall not permit any person under
16 years of age nor any unauthorized person to ride in or on the vehicle.
I.
The vending vehicle shall not be stopped within 50 feet of any street
intersection or 500 feet of any school or the Village Recreation Center;
in a metered parking area; or within 50 feet of any district designated
residential under the Zoning Code of the Incorporated Village of East
Rockaway.
J.
No vending vehicle shall operate before 9:00 a.m. or after dusk in
the Village.
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 not engaged in commercial transactions
or the solicitation of funds. 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 for soliciting or canvassing.
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 violating any provision of this chapter shall be
liable for the forfeit and pay a penalty not to exceed $250 for each
offense.
