[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck as Ch. 138 of the 1976 Code; amended in its entirety 7-16-2013 by L.L. No. 9-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Village Clerk of the Village.
- Shall include:
- A. Single-family dwellings.
- B. Freestanding stores, offices, and other nonresidential uses.
- C. The separate units within a building with more than one occupancy, whether such occupancies are residential, nonresidential, or mixed use, and whether such unit is a rental, cooperative apartment, or condominium.
- A. Shall include:
- (1) The selling or offering for sale or soliciting orders for the sale of any goods, wares, or merchandise.
- (2) The soliciting for subscriptions for any book, publication, paper, magazine, or periodical.
- (3) The seeking of employment or the soliciting of orders for work, labor, or services, whether to be performed within or without the Village.
- B. Peddling shall not include noncommercial free speech activities protected by the United States Constitution.
It shall be unlawful for any person to peddle by going to a house within the Village.
It shall be unlawful for any person to peddle upon the streets or in any other public places, or in the offices of business buildings within the Village without a license issued pursuant to this chapter.
It shall be unlawful for any person to employ any trick or device or by any false or misleading statement or representation to obtain or to attempt to obtain admission to the house, garage, or other building of any person within the Village for the purpose of peddling.
Applications for licenses to peddle within the Village shall be in writing, addressed to the Village Clerk, and shall contain the following information:
The purpose of the application.
The name, street address, telephone number, fax number (if any), and e-mail address (if any), and social security number or federal employment identification number of the person seeking such permission.
The name, street address, telephone number, fax number (if any), and e-mail address (if any), of each of the individuals who will be peddling under the license.
A copy of the driver's license, if any, of each of the individuals who will be peddling under the license.
An abstract of the driving record within New York State, for the immediately prior four years, of each of the individuals who has a driver's license who will be peddling under the license.
A current (within one month) record review from the New York State Division of Criminal Justice Services of each of the individuals who will be peddling under the license.
A list of all of the motor vehicles which may be within the Village as a part of the peddling, including, as to each of such vehicle:
The dates and times when the peddling will be conducted.
If the peddling shall be of ice cream or other food served within the Village, documentary proof of such licenses or other permits, as may be required by the Nassau County Department of Health.
Such other information as from time to time the Board of Trustees may by resolution require.
All applications must be accompanied by a processing fee as established from time to time by resolution of the Board of Trustees.
Upon receiving such application, the Clerk shall present the same to the Board of Trustees at its next regular meeting scheduled for three business days after the receipt of a complete application. The Board of Trustees shall approve the application of all applicants who have complied with the above provisions and, for those individuals who will be operating motor vehicles, whose driving records and criminal records, in the discretion of the Board of Trustees, do not indicate that they may represent a risk to the Village, and who have not previously been found to have violated the terms of a prior peddler's license within the Village, or of any of the other provisions of this chapter.
Any license approval granted by the Board of Trustees is subject to the following restrictions:
All peddling, with the exception of vendors of ice cream and other dessert-type foods, which are sold directly from the motor vehicle from which the peddling is taking place, must be conducted between the hours of 9:00 a.m. and 5:00 p.m., Mondays through Fridays, only.
All peddling by vendors of ice cream and other dessert-type foods, which are sold directly from the motor vehicle from which the peddling is taking place, must be conducted between the hours of 9:00 a.m. and 8:30 p.m., Mondays through Fridays, and 11:00 a.m. and 8:30 p.m., Saturdays and Sundays.
No license issued under the provisions of this chapter shall extend for a term of more than six months. At the expiration of the term of any such license, the applicant may apply for a new license.
Each individual peddling within the Village, at all times during the course of such peddling, shall prominently wear an identification tag with his or her name, the name of the applicant for the license, and the term (including the expiration date) of the license, in clearly legible lettering, as approved by the Village Clerk.
Each vehicle within the Village, at all times during the course of such peddling, shall prominently display by the right side of the front windshield, in a safe location, which does not obstruct the driver's visibility, a copy of the license issued by the Village Clerk.
Each vehicle within the Village, at all times during the course of such peddling, when stopped on any public street, other than momentarily at a stop sign, shall turn on its emergency hazard lights, or such other equivalent blinking lights with which the vehicle may be equipped, in both the front and in the rear of the vehicle.
It shall be unlawful for any person to proselytize, canvass, or distribute handbills, pamphlets, or other written material, or to solicit donations or contributions of money, property, or financial assistance of any kind, upon the streets, in the offices of business buildings, upon private property by house-to-house canvass, or in public places in the Village, except on Mondays through Fridays, excluding holidays, between the hours of 9:00 a.m. and 9:00 p.m. and on Saturdays, Sundays, and holidays between the hours of 11:00 a.m. and 6:00 p.m.
Notwithstanding the foregoing, it shall be unlawful at all times for any person to enter upon the premises of any Village resident to proselytize, canvass, or distribute handbills, pamphlets, or other written material, or to solicit donations or contributions of money, property, or financial assistance of any kind, when:
Such resident has posted a "no solicitation" or "no trespassing" sign or has otherwise provided notice to such person of such objection; and/or
Such resident is on the list of residents not permitting entry upon premises, as set forth below, and such person has received such list with such resident's name and address upon it.
The Village shall maintain a list of residents within the Village who have notified the Village Clerk by letter, e-mail, facsimile, or other writing, a desire not to be visited by any person for the purpose of proselytizing, canvassing, or distributing handbills, pamphlets, or other written material, or soliciting donations or contributions of money or property or financial assistance of any kind. Any such request shall be good for two years unless renewed. The list of residents choosing not to permit entry of such persons upon their premises shall permit residents to distinguish between political, charitable, religious, and other organizations.
Any and all licenses which may be granted by the Board of Trustees pursuant to any part of this chapter may, for cause, be suspended by the Mayor and may be revoked by the Board of Trustees after notice and hearing for any of the following causes: