As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, not-for-profit
or eleemosynary group, association or charitable organization. Charitable
organizations include but are not limited to the following organizations:
fire departments, first-aid squads and religious organizations.
[Added 1-21-1997 by L.L. No. 3-1997]
CHARITABLE PURPOSE
Any charitable, benevolent, philanthropic, patriotic or eleemosynary
purpose.
[Added 1-21-1997 by L.L. No. 3-1997]
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organizations.
CONTRIBUTION
The promise or grant of any money or property of any kind
or value.
[Added 1-21-1997 by L.L. No. 3-1997]
PEDDLE
To go from house to house, from store to store, from place
to place or from street to street to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of East
Hills other than from a fixed place of business.
PEDDLER
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
PERSON
Only a natural person or an individual, whether a resident
of the Village of East Hills or not.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for services
to be performed at any place within the Village of East Hills, or
to request funds, gifts or subscriptions for commercial purposes.
[Amended 1-21-1997 by L.L. No. 3-1997]
SOLICITOR
Any person or company who solicits as herein defined.
[Amended 1-21-1997 by L.L. No. 3-1997]
It shall be unlawful for any person or company to peddle or
solicit within the Village of East Hills without having first obtained
a valid license therefor as provided herein. An application for a
license shall be made at least 30 days prior to the date requested
for its use.
An application for a license shall contain the following information:
A. The name and description of the applicant.
B. The address of the applicant (local and legal).
C. A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited.
D. A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
E. Two photographs of the applicant, taken not more than 60 days prior
to the date of filing of the application, which pictures shall be
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
F. A statement that the applicant is a citizen and whether citizenship
was obtained by birth or naturalization; if by naturalization, the
date and place where obtained; if the applicant is an alien, a statement
as to the date and place of registration.
G. If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship.
H. If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification.
I. If the applicant is a company, the name and address and title of
the officer of the company upon whom process or other legal notice
may be served.
The Village Clerk may issue a license without the application
required under this chapter to any person who shall submit a certified
copy of a license issued by any other municipality within the County
of Nassau whose licensing requirements are substantially the equivalent
to those established by this chapter; provided, however, that such
municipalities extend similar reciprocity to licensees of the Village
of East Hills, as determined by the Village Clerk.
[Amended 1-21-1997 by L.L. No. 3-1997]
For each person proposing to peddle or solicit, whether on foot
or from a licensed vehicle, the fee shall be set forth from time to
time by resolution of the Board of Trustees.
Every peddler or solicitor licensed under this chapter shall
have his or her license in his or her immediate possession at all
times when peddling or soliciting and shall display the same upon
demand of any person.
No license, license plate or badge issued under the provisions
of this chapter may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any person other than the one to whom
it was issued.
No peddler or solicitor shall have any exclusive right to any
location in the public streets, nor shall any be permitted a stationary
location, nor shall he or she be permitted to operate in any congested
area where his or her operation might impede or inconvenience the
public. For the purpose of this chapter, the judgment of any police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or inconvenienced.
If the applicant for a peddler's or solicitor's license
uses scales or measures in his or her business, he or she shall also
file with his or her application for license a certificate issued
by the Nassau County Sealer of Weights and Measures that his or her
scales or measures have been tested and sealed.
[Amended 1-21-1997 by L.L. No. 3-1997]
A. The following persons and organizations shall be exempt from the
provisions of this chapter unless otherwise indicated herein:
(1) Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Nassau County Clerk to hawk, peddle, vend or solicit trade in pursuance of law on the streets and highways of the Village of East Hills shall be exempt from the provisions of §
141-6. In lieu of a license as prescribed in §
141-7A, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his or her trade within the Village of East Hills, subject to all other provisions of this chapter. Such permit will be stamped in ink on the face of the county license.
(2) Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
(3) Any charitable organization, as defined by §
141-1, desiring to solicit or have solicited in its name contributions or financial assistance of any kind or desiring to sell or distribute any items of literature or merchandise within the Village of East Hills for a charitable purpose. Any such charitable organization exempt from the requirements of this chapter by this section shall nevertheless notify the Village Clerk, prior to the commencement of its solicitation activities, of the proposed time and place for the conducting of such solicitation activities. Nothing herein, however, should be construed to alter the exempt status under this chapter of any such charitable organization as defined by §
141-1.
B. Notwithstanding any provision in this chapter to the contrary, organizations and activities which are exempted from the requirements of this chapter shall nevertheless be subject to the limitations contained in §
141-11.
It shall be the duty of any police officer of the County of
Nassau to require any person seen peddling or soliciting, and who
is not known by such police officer to be duly licensed, to produce
his or her peddler's or solicitor's license and to enforce
the provisions of this chapter against any person found to be violating
the same.
The Police Department shall report to the Village Clerk all
convictions for violation of this chapter, and the Village Clerk shall
record the reports of such violations.
Any person aggrieved by the action of the Police Department or the Village Clerk in the denial of an application for a license as provided in §
141-4 or in the decision of the Village Clerk with reference to the revocation of a license as provided in §
141-16 shall have the right to appeal to the Village Board of the Village of East Hills. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
[Amended 1-21-1997 by L.L. No. 3-1997]
A violation of this chapter shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
III.