[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 11-27-1978 by L.L. No. 1-1978.]
Noise — See Ch. 144.
Peace and good order — See Ch. 157.
Secondhand dealers — See Ch. 172.
Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this chapter were originally designated as Ch. 85.
For the purpose of this chapter, the following words as used herein shall be considered to have the meanings herein ascribed thereto:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which a person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits.
- HAWKER AND PEDDLER
- Except as hereinafter expressly provided, any person, either principal or agent, who in 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 animal or vehicle standing in a street, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except as hereinafter exempted.
- One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind.
- Includes any one or more of the following activities:
- A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services, of any kind, character or description whatever, for any kind of consideration whatever.
- B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character.
- C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
- D. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the village where there are employees for soliciting orders from customers and delivering the same; or to dealers in milk, baked goods, heating oil and daily newspapers; or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of one mile of the Incorporated Village of Bellerose. All persons named above shall be subject to restrictions hereinafter delineated in §§ 159-6, 159-7, 159-8, 159-9 and 159-15.
Every person desiring to engage in soliciting, hawking and peddling, as herein defined, from persons in residence within the Incorporated Village of Bellerose is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor, hawker or peddler.
Application for a certificate of registration shall be made upon a form provided by the village or, if the Village Clerk shall so require, upon and by a letter addressed to the Village Clerk. The applicant shall truthfully state in full the following information:
The name and address of the present place of residence and the length of residence at such address; also a business address if other than the present address.
The address of the place of residence during the past three years if other than the present address
The age of the applicant.
A physical description of the applicant.
The name and address of the person, firm or corporation or association whom the applicant is employed by or represents and the length of time of such employment or representation.
The name and address of the employer during the past three years if other than the present employer.
A description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
The period of time for which the certificate is applied.
The date or approximate date of the latest previous application for a certificate under this chapter, if any.
Whether a certificate of registration issued to the applicant under this chapter has ever been revoked.
Whether the applicant has ever been convicted of a violation of a felony under the laws of this state or any other state or federal law of the United States.
Whether the applicant or representative has ever been denied a license or had a license revoked; and, if so, from where, when and why.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
The applicant shall submit to fingerprinting by the Police Department of the County of Nassau in connection with the application for the certificate.
The Village Clerk shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued under the provisions of this chapter and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.
No certificate of registration shall be issued to any person who has been convicted of the commission of a crime under the laws of the state or any other state or federal law of the United States, to any person who has been denied other permits for good cause, to any person who has been convicted of a violation of any of the provisions of this chapter or to any person whose certificate of registration issued hereunder has previously been revoked as herein provided or has a history of complaints from the Incorporated Village of Bellerose or other communities.
A certificate of registration issued hereunder shall be revoked by the Village Clerk if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the Village Clerk to the holder of the certificate in person or by certified United States Mail addressed to his or her residence address as set forth in the application.
Immediately upon the giving of such notice, the certificate of registration shall become null and void.
The certificate of registration shall state the expiration date thereof.
Every person desiring to secure the protection provided by the regulations pertaining to soliciting, hawking and peddling contained in this chapter shall comply with the following directions. Notice of the determination by the occupant of giving invitation to solicitors, hawkers or peddlers or the refusal of invitation to solicitors, hawkers or peddlers to any residence shall be given in the following manner:
A weatherproof plate, approximately 1 1/2 inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant and containing the applicable words, as follows:
For the purpose of uniformity, the plate shall be provided by the Village Clerk to persons requesting same, at the cost thereof.
Such plate so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
It shall be the duty of every solicitor, hawker and peddler, upon going onto any premises in the Incorporated Village of Bellerose upon which a residence as herein defined is located, to first examine the notice provided for in this chapter, if any is attached, and to be governed by the statement contained on any notice. If the notice states "Only Solicitors Registered in Bellerose Village Invited," then the solicitor, hawker or peddler not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises; and if the notice states "No Solicitors Invited," then the solicitor, hawker or peddler, whether registered or not, shall immediately and peacefully depart from the premises.
Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 159-7 of this chapter.
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, prior to 9:00 a.m. or after sunset, year round.
Upon receipt of such application, the original shall be referred to the Police Commissioner of the Incorporated Village of Bellerose, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Police Commissioner shall endorse on such application his disapproval and his reasons for the same and shall return the said application to the Village Clerk, who shall notify the applicant that his application is disapproved and that no license shall be issued.
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police Commissioner shall endorse on the application to the Village Clerk, who shall, upon payment of the prescribed fee, issue a license to the applicant. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of said licensee, the kind of goods to be sold thereunder, the amount of the fee paid, the date of issuance and the length of time the same shall be operative.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter. Such license shall automatically expire on January 1 following the date of issuance thereof, but such license may provide for an earlier expiration date. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand to any police officer or citizen.
No license shall be granted to a person under 18 years of age.
The annual fee for each license issued pursuant to this chapter shall be $50.
Any licensee using a motor vehicle may employ not more than one person to assist in delivering the wares, but such person shall so act only while accompanying a licensed peddler, hawker or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
Causes. Licenses issued under the provisions of this chapter may be revoked by the Police Commissioner after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for the license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler, hawker or solicitor.
Any violation of this chapter.
Conviction of any crime or misdemeanor.
Conducting the business of peddling, hawking or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
A complaint received by the village in violation of a "no soliciting" sign on a private residence or business.
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five days prior to the date set for hearing.
A licensed hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or any lessee of the premises objects.
Not 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.
All orders taken by licensed peddlers, hawkers and solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, 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 of money 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 name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
Each violation of this chapter or of any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding $250 for each offense, and each day a violation continues shall be a separate offense. In addition to such fine, each violation shall constitute disorderly conduct, and the person violating same shall be a disorderly person.