[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose 11-27-1978 by L.L. No. 1-1978.[1]]
GENERAL REFERENCES
Noise — See Ch. 144.
Peace and good order — See Ch. 157.
Secondhand dealers — See Ch. 172.
[1]
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:
A building or store in which a person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits.
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:
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.
Seeking to obtain prospective customers for
application or purchase of insurance of any type, kind or character.
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type or kind of publication.
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.
[Amended 7-28-2020 by L.L. No. 3-2020]
A.
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:
(1)
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.
(2)
The address of the place of residence during the past
three years if other than the present address
(3)
The age of the applicant.
(4)
A physical description of the applicant.
(5)
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.
(6)
The name and address of the employer during the past
three years if other than the present employer.
(7)
A description sufficient for identification of the
subject matter of the soliciting in which the applicant will engage.
(8)
The period of time for which the certificate is applied.
(9)
The date or approximate date of the latest previous
application for a certificate under this chapter, if any.
(10)
Whether a certificate of registration issued to the
applicant under this chapter has ever been revoked.
(11)
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.
(12)
Whether the applicant or representative has ever been
denied a license or had a license revoked; and, if so, from where,
when and why.
B.
All statements made by the applicant upon the application
or in connection therewith shall be under oath.
C.
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.
D.
No certificate of registration shall be issued to
any person who has been convicted of a felony 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.
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.
B.
Immediately upon the giving of such notice, the certificate
of registration shall become null and void.
C.
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.
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:
|
"Only Solicitors Registered in
| |
|
Bellerose Village Invited"
| |
|
or
| |
|
"No Solicitors Invited"
|
B.
For the purpose of uniformity, the plate shall be
provided by the Village Clerk to persons requesting same, at the cost
thereof.
C.
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.
A.
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.
B.
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.
[Amended 7-28-2020 by L.L. No. 3-2020]
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. Solicitations
may be made up to 7:30 p.m. between April 15 and May 31; up to 8:30
p.m. between June 1 and August 31; up to 7:30 p.m. between September
1 and October 31; and up to 6:30 p.m. on all other periods.
[Amended 7-28-2020 by L.L. No. 3-2020]
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, to be completed within 10 business days and then
referred to the Board of Trustees for a determination at the next
regularly scheduled meeting.
A.
In instances where the applicant also submits a certified background-check
certificate, dated not more than 60 days earlier, conducted by a reputable
independent background-check agency, attesting to the applicant's
good character, along with a drug test report showing no indicia of
drug use, then the Village Clerk shall issue the certificate of registration
forthwith upon approval by the Police Commissioner or his/her designee
and the payment of the license fee.
B.
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.
C.
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.
D.
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.
E.
No license shall be granted to a person under 18 years of age.
[Amended 7-28-2020 by L.L. No. 3-2020]
The annual fee for each license issued pursuant to this chapter
shall be established from time to time by the Board of Trustees.
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.
A.
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:
(1)
Fraud, misrepresentation or false statement contained
in the application for the license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a peddler, hawker or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any felony.
[Amended 7-28-2020 by L.L. No. 3-2020]
(5)
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.
(6)
A complaint received by the village in violation of
a "no soliciting" sign on a private residence or business.
B.
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:
A.
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.
B.
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.
C.
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.
D.
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.
[Amended 7-28-2020 by L.L. No. 3-2020]
A violation of this chapter or of any regulation, order or rule
promulgated thereunder shall be punishable by a fine not exceeding
$250 for the first offense. Subsequent violations committed by the
same individual or entity shall be fined up to $500. Each day a violation
continues shall be a separate offense. If an individual or entity
receives a violation or summons and continues to act in violation
of this chapter on the same day, each subsequent violation shall be
subject to a $1,000 fine. In addition to such fine, each violation
shall constitute disorderly conduct.
