[HISTORY: Adopted by the Board of Trustees
of the Village of Newark 11-19-2002 by L.L. No. 10-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 96.
Noise — See Ch. 101.
Sales — See Ch. 117.
Secondhand dealers — See Ch. 121.
Zoning — See Ch. 170.
[1]
Editor's Note: This local law superseded the
former peddling and soliciting regulations adopted 8-20-2002 by L.L.
No. 7-2002.
[Amended 9-4-2007 by L.L. No. 2-2007]
A.
CHARITABLE
CLERK
CONTRIBUTIONS
HAWKER
HAWKING
PEDDLER
(1)
(2)
(3)
PEDDLING
PERSON
SOLICITATION
SOLICITOR
TRANSIENT MERCHANT
As used in this chapter, the following terms shall
have the meanings indicated:
Patriotic, philanthropic, social service, health, welfare,
benevolent, educational, civic, cultural or fraternal.
The Village of Newark Clerk.
Alms, money, subscriptions, property or any donations.
One who offers for sale his or her goods by calling out in
the street.
The selling or vending or offering for sale of any goods,
wares or merchandise for immediate delivery, which the person selling
or offering for sale carries with him or her in traveling or has in
his or her possession or control, upon any of the streets or sidewalks
or from house to house in the Village of Newark.
Any person who goes upon the premises of any property, not
his own, carrying or transporting goods, wares, merchandise, or personal
property of any nature and offering the same for sale. This includes
any person who solicits orders and as a separate transaction makes
deliveries to purchasers. The word "peddler" shall not apply to the
following:
Farmers seeking or taking orders for or selling
or offering the sale of their own produce.
The seeking or taking of orders for or the selling
or offering for sale of bread or bakery products, meats or meat products
or milk or milk products by any manufacturer or producer thereof.
The seeking or taking of orders for or the selling
or offering for sale of insurance by insurance agents or brokers licensed
under the insurance laws of the State of New York.
All activities described under the definition of "peddler"
of this section.
A person or any firm, corporation, association, club, society,
or organization.
All activities described under the definition of "solicitor"
of this section.
Any person who goes upon the premises of any private property,
not his own, for the purpose of taking or seeking or attempting to
take orders or make contracts for the sale of goods, merchandise,
wares, or other personal property of any nature for future delivery,
or for services to be performed in the future. This includes any person
who, without invitation, goes upon private property to request subscriptions
or contribution of funds or anything of value, or sell goods or services
for political, charitable, religious, or other noncommercial purposes.
A person who engages or proposes to engage temporarily in
merchandising business in the Village of Newark and occupies a room,
building, tent, lot, stand, table or other premises for the purpose
of selling, trading, or bartering goods, wares and merchandise.
B.
Usage. The singular shall include the plural.
[Amended 8-21-2012 by L.L. No. 2-2012]
A.
It shall be unlawful for any person to engage in peddling or soliciting
activities within the Village of Newark without first obtaining a
permit issued by the Clerk; provided, however, that the following
are exempt from the provisions of this section:
(1)
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made.
(2)
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation.
(3)
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person or organization.
(4)
Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary.
(5)
Yard sales, garage sales or conducted residential auctions of personal
household property or sales of a like nature conducted in connection
with a dwelling in a zoned residence district shall not be deemed
to be conduct of a transient retail business so long as no more than
two such sales of not more than three days each per year are conducted
on any parcel or private property. The person conducting such sale,
whether resident or auctioneer, shall not require a license but is
required to register the proposed activity with the Police Department
so that the Department may be alerted as to possible traffic situation.
(6)
Persons engaged in interstate commerce selling or soliciting subscriptions,
books, magazines or periodicals, including educational, religious
and reference materials (for schools, religious organizations, charity
groups). These organizations are required to inform the Police Department
of their presence, organization, and duration of sales and provide
valid identification for each member engaged in the soliciting.
B.
This permit applies to any and all persons who wish to engage in peddling or solicitation, including, but not limited to transient merchants as defined in § 110-1. This includes transient merchants who wish to offer for sale wares at any type of carnival, festival, flea market, craft show, etc.
C.
Every owner or lessee of a building zoned General Business District B-2 pursuant to Article IX of Chapter 170 of the Code of the Village of Newark and General Business District B-3 pursuant to Article X of Chapter 170 of the Code of the Village of Newark who leases or subleases space within the halls or courts of the building for a daily craft show, flea market, exhibit, etc., where wares are offered for sale or orders for wares are solicited, shall not permit said operation to be conducted unless and until each transient merchant displays a license as required herein, or the operation has been qualified as exempt from the provisions hereof, as determined by the Clerk.
D.
No person engaged in peddling, solicitation, hawking or selling of
goods shall occupy any fixed location upon any of the streets, highways,
sidewalks or other locations for the purpose of hawking, peddling,
vending or soliciting. No licensee may enter upon any public park,
Village property, municipal recreation facility, golf course or municipal
off-street parking areas, nor premises of educational institutions
for the purpose of hawking, peddling, vending or soliciting.
E.
Any person who engages in the hawking or sale of goods during any
community-wide or community endorsed event or festival such as Newarkfest
shall be required to obtain a peddlers permit for such event; such
permit may be obtained and issued by the Village Clerk; provided that
the sponsor of such community-wide or -endorsed festival or event
shall pay to the Village of Newark a permit fee of $200 in order to
host said event.
F.
No person engaged in the peddling, solicitation, hawking or selling
of goods shall do so within the Village of Newark before 9:00 a.m.
or after sunset.
A.
No person under the age of 18 shall be permitted to
engage in peddling except as provided in this section.
B.
A permit shall be obtained by a sponsoring person,
company or organization for the conduct of any peddling or solicitation
activities involving, in whole or in part, a sales force of one or
more persons under 18 years of age. Only one permit shall be required
for the entire work force.
C.
The sponsor shall be responsible for supervising and
controlling the conduct of all persons, including juveniles, peddling
under the sponsor's permit.
D.
The sponsor shall provide to each individual in its
sales force a badge or other easily readable form of identification,
which identifies the name of the sponsor and the name of the individual.
The sponsor shall require all individuals in its sales force to wear
such identification so that it is clearly visible at all times when
the individuals are peddling or soliciting.
[Amended 8-21-2012 by L.L. No. 2-2012]
Every person subject to the provisions of this chapter shall
file with the Clerk an application in writing on a form to be furnished
by the Clerk, which shall provide the following information:
A.
Proof of name, date of birth, address and telephone number.
B.
A brief description of the business or activity to be conducted.
C.
The house, location or event for which the right to peddle or solicit
is desired.
D.
Whether there is parking located at the site of the proposed solicitation
location, and if so, the type of parking provided.
E.
If self-employed or acting as an agent, the name, address, telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal, as the
case may be.
F.
Each employee or agent shall sign a statement as to whether or not
the applicant has been convicted of a felony, misdemeanor or local
law violation, the nature of the violation, the penalty or punishment
imposed, the date and place where such offense occurred, and other
pertinent details thereof.
G.
Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business or which, under any such
law or regulations, would exempt the applicant from the licensing
requirements of this chapter; and
H.
The type of article, device, subscription, contribution, service,
goods, wares and/or merchandise he or she desires to sell or for which
he or she wishes to solicit within the Village of Newark.
I.
The type of vehicle(s) he or she wishes to use, if any. The applicant
must provide a valid registration and insurance card on each vehicle
to be used.
J.
Each person shall execute the application under oath or affirmation
with a written and printed signature and, if for an organization,
his title. He shall provide written proof of his authorization to
apply for a license on behalf of said organization.
K.
Exclusive of religious, charitable or not-for-profit corporations,
a recent photograph of the applicant showing the head of the applicant
in a clear and distinguishing manner will be required.
[Amended 9-4-2007 by L.L. No. 2-2007]
A.
At the time the application is filed with the Clerk,
the applicant shall pay a fee as set forth from time to time by resolution
of the Board of Trustees to cover the cost of processing the application
and investigating the facts stated therein, for a one-day permit,
for a one-week permit, or for an annual permit for each solicitor
or peddler. The application fee shall be waived on one-day permits,
for each applicant once per calendar year. An application fee will
be charged for a second and subsequent application in a calendar year.
This provision shall not apply to persons soliciting orders for goods
to be shipped into the state, or otherwise involved in interstate
commerce.
B.
A New York State veteran, or resident surviving spouse
of a veteran, may obtain a free license to peddle upon the streets/highways
of the Village of Newark so long as said veteran or resident surviving
spouse of a veteran resides within the Village limits. Said license
is nontransferable.
C.
Nonprofit organizations and persons working for such
organizations, charitable, religious and youth organizations shall
be exempt from the payment of any fees under this chapter.
All solicitors requiring cash deposits or taking
orders for cash on delivery purchases (COD) or who require a contract
of agreement to finance the sale of any goods, services, or merchandise
for future delivery, or for services to be performed in the future,
shall furnish to the Clerk a bond in the amount of $5,000.
[Amended 8-21-2012 by L.L. No. 2-2012; 4-19-2016 by L.L. No. 1-2016]
A.
Upon receipt
of an application, the Clerk shall review the application as deemed
necessary to ensure the protection of the public health, safety and
general welfare.
B.
If the Clerk
finds the application to be satisfactory, the Clerk shall, within
48 hours of receipt of the application, approve the application and
shall, upon payment of the nonrefundable prescribed fee, deliver the
required permit to the applicant.
[Amended 8-21-2012 by L.L. No. 2-2012]
A.
The Clerk may refuse to issue a permit or peddlers ID card to the
applicant, agent or employees under this chapter for any of the following
reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony within the last five
years preceding the date of the application;
(4)
The applicant, employee or agent offers no proof of authority to
serve as an agent;
(5)
The applicant, agent or employee has been denied a permit under this
chapter with the preceding past five years, unless the applicant can
and does show to the satisfaction of the Clerk that the reasons for
such earlier denial no longer exist.
B.
The Clerk's disapproval and the reasons for disapproval shall
be noted on the application, and the applicant shall be notified that
his or her application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form or at the applicant's last known address.
[Amended 8-21-2012 by L.L. No. 2-2012]
All permits issued under the provision of this
chapter shall expire one year from the date of issuance, unless an
earlier expiration date is noted on the permit.
[Amended 8-21-2012 by L.L. No. 2-2012]
Exclusive of any religious, charitable or not-for-profit
organization, any person soliciting or peddling within the Village
of Newark shall wear an identification badge upon which shall show
the name of the individual soliciting or peddling, the organization
upon whose request the solicitation or peddling is made along with
a recent photograph of the person so soliciting or peddling.
Every person required to obtain a permit under
the provisions of this chapter shall exhibit the permit when requested
to do so by any prospective customer or individual.
It shall be unlawful for any person other than
the permittee to use or wear any permit or badge issued under the
provisions of this chapter. The person designated on said permit or
badge shall be the only person authorized to engage in such business
thereunder.
It shall be unlawful for any person, whether
licensed or unlicensed, while conducting the business of a peddler
or solicitor, to enter upon any residential premises in the Village
of Newark where the owner, occupant or person legally in charge of
the premises has posted, at the entry to the premises, or at the entry
to the principal building on the premises, a sign bearing the words
"No Peddlers," "No Solicitors," or words of similar import.
No person, while conducting the activities of
a peddler or solicitor, whether licensed or unlicensed, shall enter
upon any private property, knock on doors or otherwise disturb persons
in their residences on Sundays or between the hours of 8:00 p.m. and
9:00 a.m. Mondays through Saturdays.
Any permit issued under this chapter may be
revoked or suspended by the Clerk, after notice and a hearing, for
any of the following reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for a permit;
B.
Fraud, misrepresentation or false statement made by
the permittee in the course of conducting solicitation or peddling
activities;
C.
Conducting peddling or solicitation activities contrary
to the provisions in the permit;
D.
Conviction for any crime involving moral turpitude;
or
E.
Conducting peddling or solicitation activities in
such a manner as to create a public nuisance, constitute a breach
of the peace or endangering the health, safety or general welfare
of the public.
Notice of a hearing for revocation of a permit
issued under this chapter shall be provided in writing and shall set
forth specifically the grounds for the proposed revocation and the
time and place of the hearing. Notice shall be mailed, postage prepaid,
to the permittee at the address shown on the permit application or
at the last known address of the permittee.
A.
Any person aggrieved by the action or decision of
the Clerk to deny, suspend or revoke a permit applied for under the
provisions of this chapter shall have the right to appeal such action
or decision to the Mayor within 15 days after the notice of the action
or decision has been mailed to the person's address as shown on the
permit application form, or to his or her last known address.
B.
An appeal shall be taken by filing with the Clerk
a written statement setting forth the grounds for the appeal.
C.
The Clerk shall transmit the written statement to
the Mayor within 10 days of its receipt, and the Mayor shall set a
time and place for a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from
the date of receipt of the appellant's written statement.
E.
Notice of the time and place of the hearing shall
be given to the appellant in the same manner as provided for the mailing
of notice of action or decision.
F.
The decision of the Mayor on the appeal shall be final
and binding on all parties concerned.
A.
Violation of any of the provisions of this chapter
shall be treated as an infraction and shall, upon conviction, be punishable
by a fine of not more than $250 and up to 15 days in jail.
B.
In addition to any criminal enforcement, the Village
of Newark or any individual may pursue any available civil remedies
deemed appropriate and necessary.
The provisions of this chapter are deemed and
declared to be severable. If any section, sentence, clause, or phrase
of the chapter shall, for any reason, be held to be invalid or unconstitutional
by a court of competent jurisdiction, such decisions shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this chapter, but they shall remain in effect; it being the legislative
intent that this chapter shall remain in effect notwithstanding the
validity of any part.
A disabled veteran, who has obtained a license
pursuant to this chapter, shall not be subject to the terms and conditions
of this chapter (other than the permit/license requirement), so long
as he or she conducts his or her business without the use of a motorized
vehicle.
A.
No person engaged in soliciting or peddling or acting
as a transient merchant shall occupy any of the streets or alleys
or sidewalks of the Village of Newark for purposes of soliciting or
peddling, with or without any type of stand, counter, cart, etc.
B.
No peddler or solicitor shall peddle, vend or sell
his or her goods or wares within 200 feet of any church or place of
worship or public or private school during regular business hours.
C.
No person shall solicit any business whatsoever at
the scene of any accident within the Village of Newark.
D.
All permittees offering for sale any ice cream or
frozen food product or water ices shall observe the following specified
requirements:
(1)
No bell, whistle, horn or other noisemaking device
shall be used for vending purposes.
(2)
No vending shall be permitted from vehicles located
on state highways.
(3)
No product shall be sold or dispensed to any child
who must cross any street or highway to the vehicle from which products
are sold or dispensed unless such child is accompanied by and under
the immediate supervision and protection of the driver of said vehicle
or other adult and such child is returned across such street or highway
in the same manner before such vehicle shall leave the immediate location
from which products are sold or dispensed. The driver of such vehicle
shall not leave any area where he or she has sold or dispensed any
product until all empty cartons, paper containers or other waste materials
originating from said vehicle have been removed and placed in a container
inside the vehicle.
E.
No vending shall be conducted within a distance of
75 feet of the radius curve of any street or highway intersection
or from any other location which may obstruct the normal flow of traffic.
