[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park 10-3-1981 by L.L. No. 5-1981; amended in its entirety 12-12-1996 by L.L. No. 8-1996. Subsequent amendments noted where applicable.]
It is hereby declared to be the policy of the
Village of New Hyde Park that the issuance of all business operating
licenses, permits and certificates required by village regulations
should and shall be subject to certain uniform and standard general
procedures and substantive requirements. Accordingly, the Board of
Trustees hereby enacts and adopts this article, the provisions of
which, together with any resolution, order, rule or regulation adopted
pursuant to the authority of this article, shall collectively constitute
the village's general licensing regulations and which, except as may
be otherwise provided under this article, are intended to supersede
and/or take precedence over the licensing procedures and related substantive
requirements which are or may be set forth and contained in any other
local law or ordinance or in any other resolution, order, rule or
regulation of the village, and which purport to govern the issuance,
possession, transfer or renewal of any such business operating licenses,
permits or certificates.
A.
Except as otherwise expressly provided under Subsection B of this section, both the provisions of this article and the provisions of any resolution, order, rule or regulation adopted pursuant to the authority hereof shall be deemed controlling and shall take full precedence and be given full force and effect in connection with the issuance, possession, transfer or renewal of each and every village license, permit or certificate which is now or may hereafter be required, by or pursuant to the provisions of any village local law, ordinance, resolution, order, rule or regulation, in order to engage in a designated business or commercial enterprise, to pursue a designated trade or occupation, or to conduct a designated commercial activity, operation or function, regardless of the source or sources of any such requirements and whether or not incorporated within this article of Chapter 114 of the Village Code.
B.
To the extent that the provisions of any village local law, ordinance, resolution, order, rule or regulation of the type or kind described and referred to in Subsection A of this section shall expressly set forth and prescribe, in connection with a license, permit or certificate which is subject to the provisions of this article, any procedural or substantive requirements that are substantially different from, but not inconsistent with, those prescribed in this article, such other and different requirements shall be deemed to be supplementary and additional to the requirements of this article; provided, however, that where and when such other and different requirements are more specific and restrictive than the general provisions of this article, then in such event, but not otherwise, and then only to the extent of any actual conflict or inconsistency with the provisions of this article, such other and different requirements shall be deemed superseding and controlling.
No person, firm, corporation, co-partnership,
association or other recognized legal entity shall at any time undertake,
commence, maintain or continue, or attempt to undertake, commence,
maintain or continue, any business, trade, occupation or other commercial
enterprise or any commercial activities, operations or other functions
for which an operating license, permit or certificate is required
to be obtained by or pursuant to any village legislative enactment,
resolution or order or any village administrative rule, regulation
or order, without having first obtained, and thereafter keeping in
current legal force and effect, the particular village license, permit
or certificate as in such case shall actually be required; and no
such license, permit or certificate shall be issued, renewed or extended
to or for the benefit of any such person or legal entity, and no such
person or legal entity shall apply for, obtain, hold, possess, retain
or transfer any such license, permit or certificate, except in strict
conformance with all applicable provisions of this article and any
resolutions, orders, rules or regulations authorized and adopted pursuant
hereto.
A.
The Village Clerk is hereby designated and empowered
to act as the village's regular licensing officer for and in connection
with the purposes of this article. In such capacity, the Village Clerk
is hereby generally authorized and empowered, subject to approval
of the Board of Trustees, to prescribe, adopt, issue and enforce any
additional procedures, any supplementary rules and regulations, or
any orders which he/she may deem necessary, prudent, useful or desirable
to properly carry out, administer and enforce the requirements of
this article, including but not limited to the power and authority
to:
(1)
Prescribe and adopt the design, form and content of
all official application blanks, license certificates, permit tags
or stickers and other related documents or materials to be used in
connection with this article.
(2)
Demand the production, submittal or filing by any
applicant of any information, documentation or other materials which
such Clerk may deem necessary, useful or indispensable for determining
the qualifications of such applicant for any required license, permit
or certificate.
(3)
Investigate or cause to be investigated any person
or legal entity applying for or holding any such license, permit or
certificate, including the background and training, records and experience
of such applicant or any proprietor, partner, officer or director
thereof, the location and condition of or any other relevant information
about the applicant's commercial buildings, premises, vehicles and
equipment or its business activities, practices, operations or functions,
or any other matters which may be material to, and which may reasonably
affect, the qualifications and entitlement of such applicant to obtain,
to continue to hold or possess or to transfer, the particular license,
permit or certificate which is the subject of such investigation.
B.
With respect to the foregoing powers and authority,
and for the further purposes of this article, the Village Clerk may,
upon his/her election and in his/her sole discretion, subject and
subordinate only to the ultimate and overriding authority of the Board
of Trustees, designate any other village department head, officer
or employee to act as his/her lawful agent or deputy and may delegate
to such designated agent or deputy any or all of the powers and duties,
responsibilities or functions otherwise hereby vested in such regular
licensing officer.
A.
Every application for a license, permit or certificate
which is subject to the provisions of this article shall be made on
the official blanks prescribed and provided for such purpose by the
Village Clerk. Such application blanks shall be completed in writing,
shall provide all information required or requested thereon and shall
be submitted and filed in the office of the Village Clerk together
with any other papers, documents or materials which may be prescribed
and directed by such officer. At the time of such filing, and as a
condition thereof, every such application shall be accompanied by
the payment in full, in the form prescribed or permitted by the Village
Clerk, of all application processing fees and related charges required
in connection with such application, no part or portion of which such
fees or charges shall at any time be waived, prorated or refundable.
B.
Upon the receipt of any application conforming with
and to the requirements of this article and requesting the issuance,
extension or renewal of any required business license, permit or certificate,
the Village Clerk shall immediately undertake and complete any investigation
in connection with such application and/or with respect to the applicant
which may be required by local law or ordinance or authorized by administrative
rule or regulation, for the purpose of determining the qualifications
and entitlement of the applicant for the particular license, permit
or certificate being sought or requested. Upon the completion of such
investigation, the Village Clerk shall make the determination whether
to issue, extend or renew such license, permit or certificate and
shall either approve and grant or disapprove and deny the application
for same. However, whenever the authority to make such a determination
shall be expressly reserved to the sole discretion of the Board of
Trustees, whether by local law or ordinance or by peremptory order,
rule or regulation of such Board, or whenever the Village Clerk shall
elect to defer to the authority of such body, then such application
shall be promptly referred to, and ultimately decided by, said Board.
C.
Before rendering any determination required by the
preceding as subsection, the Village Clerk or the Board of Trustees,
as the case may be, shall schedule and conduct a public hearing with
respect to the pending application as may be mandated by general state
statute or local law. When such a hearing, if any, shall be legally
required, it shall be held and conducted upon such public notice,
in such manner and at such time and place as shall be prescribed in
the applicable and controlling statute or local law. In the event
that a public hearing shall not be legally required in connection
with a given application, then the Village Clerk or the Board of Trustees
shall proceed with the determination of such application in whatever
manner and according to whatever routine may be deemed necessary or
advisable, and suitable and sufficient, under the circumstances.
For the purposes of this article, the provisions of Article III of Chapter 1, General Provisions, of the Village Code, as currently enacted or hereafter amended (referred to elsewhere herein simply as "Article III of the General Provisions") shall be controlling and shall have the same legal force and be given the same legal effect as if such provisions were fully set forth and contained within the text of this article. Accordingly, in carrying out and administering the provisions of this article, the provisions of Article III of the General Provisions shall be fully and faithfully applied so that the nature, description and amount of all fees, charges and other expenses which shall be assessed against, and levied and collected from, any person or legal entity in connection with the processing or issuance of any license, permit or certificate which is subject to the provisions of this article shall be as generally and specifically set forth and prescribed in Article III of the General Provisions and/or any schedule or schedules contained in and forming a part of such article.
A.
Unless otherwise specified in the local law, ordinance
or other enactment originally providing for its requirement, or unless
otherwise prescribed by administrative rule, regulation or order adopted
pursuant to the authority of this article, no license, permit or certificate
which is subject to the provisions of this article shall be approved
and issued for a durational term or period in excess of one calendar
year, and every such license, permit and certificate shall expire
and fully terminate on the 31st day of December next succeeding the
date of its issuance; provided, however, that in the event that the
holder of any then-current license, permit or certificate shall, before
the actual and applicable expiration date thereof, file with the regular
licensing officer a properly completed and executed application seeking
the renewal of such license, permit or certificate for the next succeeding
annual term, then in such event and for the purposes of this section
such timely filing shall serve to extend the durational term of such
current license, permit or certificate, as the case may be, until
the date that a determination either approving or denying the pending
renewal application has been made and rendered in accordance with
the provisions of this article.
B.
Whenever the applicable effective commencement and
expiration dates for any type, kind or class of licenses, permits
or certificates which are subject to the provisions of this article
shall be changed or modified by or pursuant to any authorized amendment,
the Village Clerk may, by general or special rule or order, extend
the otherwise applicable expiration date of any previously issued
and current license, permit or certificate so that the same shall
be deemed to expire as of and on the day and date immediately preceding
the first occurrence of any newly prescribed and applicable commencement
date provided for by the authorized amendment.
C.
No license, permit or certificate which is subject
to the provisions of this article shall at any time be transferred
or shall at any time be deemed transferable without the prior express
written consent of the regular licensing officer and the endorsed
approval of the Board of Trustees.
D.
All licenses, permits and certificates which are subject
to the provisions of this article shall be subject to revocation,
suspension or cancellation by the regular licensing officer and/or
the Board of Trustees, whenever such officer or Board shall find that
the holder thereof has violated any terms or conditions thereof or
the terms and conditions of any local law or ordinance or any legislative
or administrative rule, regulation or order having application thereto.
A.
The provisions of any other law, statute, local law or ordinance to the contrary notwithstanding, the legal requirement for each of the types or kinds of business operating licenses, permits and certificates which may be currently described or referred to, and otherwise provided for, solely in and under the scheduled provisions of Article III of Chapter 1 of the Village Code, and for which no other current and specific authorization shall appear to exist upon the effective date of this article, shall nonetheless be conclusively presumed to be valid and lawful and shall nonetheless continue in full legal force and effect until repealed, as if such requirement were, in fact, actually and expressly set forth and contained within the text of both the current provisions of this article and any predecessor provisions repealed and replaced hereby.
B.
The Board of Trustees shall be deemed authorized and empowered, by and pursuant to the provisions of this subsection, to adopt, by special resolution, the requirement for an operating license, permit or certificate of any type or kind described or referred to in and contemplated by the provisions of Subsection A of § 114-2 and/or the provisions of § 114-3 of this article and chapter. Any such resolution adopted by the Board shall be prospective only and shall specify the business, trade, occupation or other commercial enterprise or the commercial activity, operation or function for which each such license, permit or certificate shall be required to be obtained; establish and specify all related application, processing and issuance fees or charges to be applied in connection with every such license, permit or certificate; and order or direct the amendment of the Fee and Charge Schedule set forth and prescribed in § 1-32 of Article III of Chapter 1 of the Village Code so that such schedule shall reflect and conform to the applicable provisions of such special resolution.[1] On and after the effective date of any such special resolution,
any license, permit or certificate required thereby shall immediately
become subject to all other provisions and requirements of this article.
[1]
Editor's Note: A resolution authorizing the
establishment of a reference schedule of licensed commercial enterprises
and activities and a schedule of rules and regulations was adopted
12-12-1996. This resolution and the schedules established pursuant
thereto are on file in the village offices.
C.
A violation of any of the provisions of this article
or of any other local law, ordinance, order, resolution, rule or regulation
adopted in conjunction with or pursuant to the authority of this article
shall constitute an offense, and any person, firm, partnership, corporation,
association or other entity which shall stand convicted of any such
violation shall be punishable, upon conviction for a first offense,
by a fine of up to $350 or by imprisonment in the county jail for
not more than 15 days, or by both such fine and imprisonment; upon
conviction of a second offense, both of which offenses were committed
within a period of five years, by a fine of not less than $350 nor
more than $700 or by imprisonment in the county jail for not more
than 15 days, or by both such fine and imprisonment; and upon conviction
for a third or subsequent offense, all of which offenses were committed
within a period of five years, by a fine of not less than $700 nor
more than $1,000 or by imprisonment in the county jail for not more
than 15 days, or by both such fine and imprisonment. Each week's continued
violation shall constitute a separate and additional punishable offense.
As used in this article, the following words,
terms and phrases shall have the meanings herein ascribed to them:
A building or store in which or where the person transacts
business, sells and deals in, during regular business hours, the goods,
wares and merchandise he hawks, peddles or for which he solicits.
All business and the goods, wares and merchandise thereof must be
conducted within a building. Outside storage is permissible, provided
that materials are not visible from the street.
Includes any person, either principal or agent, who, from
any railroad car or 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 animal or vehicle, sells or barters, offers for sale
or barters or carries or exposes for sale or barter any goods, wares
or merchandise, except milk, newspapers, periodicals or baked goods.
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take orders for goods, wares, merchandise or services, except newspapers,
periodicals, milk or baked goods.
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 persons having an established place of business
within the village, or their employees, for soliciting orders from
customers and delivering the same, to farmers or truck gardeners who,
themselves or through their employees, vend, sell or dispose of products
of their own farms and gardens or to persons licensed pursuant to § 32,
Article 4, of the General Business Law of the State of New York. This
article shall also not apply so as to unlawfully interfere with interstate
commerce.
A.
It shall be unlawful for any person, within the corporate
limits of the village, to act as a hawker, peddler or solicitor as
herein defined without first having obtained and paid for and having
in force and effect a license therefor.
B.
Notwithstanding the foregoing, a nonprofit organization
or nonprofit corporation or its members may act as a hawker, peddler
or solicitor, provided that such nonprofit organization or nonprofit
corporation or its members shall obtain from the Board of Trustees
prior written permission to sell specified goods, wares or merchandise
for and on behalf of such nonprofit organization or nonprofit corporation
at specified places in the village and at specified hours not to exceed
a total of one month in any one year.
The fees for licenses issued under this article
shall be as established from time to time by the Board of Trustees.
Any person desiring to procure a license as
herein provided shall file with the Village Clerk a written application
upon a blank form prepared by the Clerk and furnished by the village.
Such application shall contain the following information:
A.
The number and kind of vehicles to be used by the
applicant in carrying on the business for which the license is desired.
B.
The kind of goods, wares and merchandise the applicant
desires to sell or the kind of service he desires to perform, and
the method of distribution.
C.
The name, address and age of the applicant.
D.
The name and address of the person, firm or corporation
that the applicant represents.
E.
The length of time for which the applicant desires
the license.
F.
Such other information as may be required by the Village
Clerk.
The application required by § 114-13 shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
All licenses issued pursuant to this article
shall state clearly the following information:
All licenses issued under the provisions of
this article shall automatically expire on December 31 next following
the date of issuance of such licenses.
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 article, giving the number and date of each
license, the names and residences of the persons licensed, the amount
of the license fees paid and also the dates of revocation of all licenses
revoked.
The Board of Trustees may, at any time, for
a violation of this article or any ordinance or any law, revoke any
license issued under the provisions of this article. When a license
shall be revoked, no refund of any unearned portion of the license
fee shall be made. The Mayor shall notify the Village Clerk of the
revocation of any license, and the reason or reasons therefor, in
writing, shall be served by the Clerk upon the person named in the
application for the license or by mailing the same to the address
given in the application. A copy of such notice shall be filed in
the office of the Clerk.
Every person to whom a license has been granted
hereunder, while exercising his license, shall carry the license with
him and shall exhibit the same upon demand.
A license issued under the provisions of this
article 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
article.
No license to be issued under the provisions
of this article shall be granted to a person under 18 years of age.
Whenever a license issued hereunder shall be
lost or destroyed on the part of the holder or his agent or employee,
a duplicate thereof under the original application may be issued by
the Village Clerk upon the filing with him by the licensee of an affidavit
setting forth the circumstances of the loss and what, if any, search
has been made for its recovery and payment of a nonrefundable restoration
fee as established from time to time by the Board of Trustees.
No applicant to whom a license required by this
article 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 no longer exists.
A.
The Village Clerk shall supply vehicle identification
stickers to licensed hawkers, peddlers and solicitors. Such stickers
shall not be transferred or assigned.
B.
The vehicle sticker shall be displayed by every licensee
of a vehicle on the front left bumper of the vehicle used by him in
the exercise of his license. Such vehicle sticker shall state the
character and number of the license and the date of expiration. The
display of the vehicle sticker is hereby made a condition of every
license to which such sticker applies, and failure by the licensee
to display the same as aforesaid while in the exercise of his license
shall be cause for the revocation of such license.
C.
A charge as may be established from time to time by
the Board of Trustees shall be made by the Village Clerk for each
vehicle sticker.
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
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.
One license shall entitle the licensee to employ two
persons, and no more, to assist in carrying on the business for which
the license is issued, but such persons shall so act only while accompanying
a licensed peddler, hawker or solicitor.
B.
One license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
[Amended 11-18-2021 by L.L. No. 11-2021]
A.
A licensed hawker, peddler or solicitor shall:
(1)
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
(2)
Keep the vehicle and receptacles used by him in clean and sanitary
condition, and the sale or peddling of any foodstuffs and edibles
shall be subject to the rules and regulations of the County Health
Office and the County Sanitary Code.
(3)
Not blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares or shout or cry out his wares.
(4)
Not stand or permit the vehicle used by him to stand in any one place
in any public place or street for more than 10 minutes.
(5)
Not sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
(6)
Not permit any vehicle used by him to stop or remain on any crosswalk.
(7)
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.
B.
All activity must be conducted between the hours of 10:00 a.m. and
either 9:00 p.m. or 30 minutes after sunset, whichever is earlier,
Monday through Saturday. There shall be no activity of any kind on
Sundays.
C.
It shall be unlawful for any licensee to ring the bell or knock upon
or enter any building whereon there is painted or otherwise affixed
or displayed to public view any sign containing any or all of the
following words: "No Peddlers," "No Solicitors," "No Agents," or other
wording, the purpose of which purports to prohibit peddling or soliciting
on the premises.
D.
No peddler or solicitor shall peddle, vend, or sell his or her goods
or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall be or she permit
his or her cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
E.
It shall be unlawful to 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.
F.
A peddler or solicitor shall fairly represent or state the purpose
or otherwise indicate that he or she is intending to sell or otherwise
enter into a contract with any person in the household.
All orders taken by licensed 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.
[Added 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article; provided, however, that in addition to, but not in lieu of, any fine or term of imprisonment which may be imposed in the sentence for such offense, the court may order, as part of such sentence, either the immediate revocation or the immediate suspension for a period of up to six months of any current village license and/or permit issued, in accordance with the requirements of this chapter, to any defendant standing convicted of a third or subsequent offense.
[1]
Editor's Note: This local law also provided
that it would take effect 12-1-1999.
