[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 10-21-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 162, Peddling and Soliciting, adopted 4-25-1963, as amended.
Except as may be otherwise provided herein, it shall be unlawful and a violation of this chapter for any person or business corporation or their agents or representatives to solicit business, take orders for goods or services or to distribute commercial handbills, pamphlets or other written material 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 of Atlantic Beach without a license issued pursuant to this chapter.
Applicants for a license under this chapter must file with the Village Clerk, as License Commissioner, an application in the form of a sworn affidavit, in duplicate, which shall give the following information:
The name of applicant.
The address of applicant (local and legal).
A brief description of the nature of the business, the kind of goods or property to be peddled or solicited and the name and address of the person or business which supplies the goods or property to be peddled or solicited.
A statement as to whether or not the applicant has ever been convicted of any state crime or misdemeanor, or any offense against any municipal ordinance or local law, the nature of the crime or offense and the punishment or penalty assessed therefor.
Two photographs of applicant taken not more than 60 days prior to the date of filing of the application, which pictures shall not be larger than 1 1/2 inches by 1 1/2 inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
For identification purposes, a statement of whether 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, applicant must submit proof of legal entry into the United States of America.
If applicant is employed to peddle, solicit or canvass, the name and address of applicant's employer, together with credentials establishing the precise employment relationship.
In any application for a license or renewal hereunder, applicant shall produce a valid certificate of registration and certificate of authority as required by the New York State Department of Taxation and Finance.
Such other information as the Board of Trustees may require.
Upon receipt of the sworn application, the Village Clerk shall forward a copy thereof to the New York State Department of Criminal Justice Services for an investigation of the application.
If the investigation shall establish that the applicant has a police record, the New York State Department of Criminal Justice Services shall attach a copy thereof to the application and return both to the Village Clerk. Alternatively, if no police record is found, a statement to this effect shall be attached to the application in lieu of the police record.
Upon the return of an application, if the investigation indicates that the applicant would be ineligible under any of the causes stated in § 162-5 hereof the application shall be denied. Otherwise, the Village Clerk shall approve the application. Upon approval by the Village Clerk, the Village Clerk shall prepare and issue a peddler's license to the applicant. The license shall contain the signature of the Village Clerk, the name, address and photograph of the licensee, the kind of goods to be peddled or solicited thereunder or the purpose of the license, the amount of fee paid, the license number, the date of issuance and date of expiration of such license, as well as the state license number or other identifying description of the vehicle to be used for the licensed activity.
No license shall be issued by the Village Clerk unless all conditions imposed by this chapter are fully complied with.
No license shall be issued by the Village Clerk to any person under 16 years of age.
The Village Clerk shall keep a record of all licenses issued.
All applications must be accompanied by a $50 process fee payable to the Village of Atlantic Beach. Upon approval of the license, a fee of $200 shall be paid to the Village of Atlantic Beach.
License applications under the provisions of this chapter may be denied by the Village Clerk and existing licenses may be revoked by the Village Clerk, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler or solicitor.
Any offense against this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling 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 inhabitants of Atlantic Beach.
The peddling of any goods or property not described in the application for a license herein or the peddling of any goods or property which are dangerous or injurious to the purchaser, especially to a child.
The holder of any license which has been revoked and any applicant who shall have been denied a license under this chapter may apply for a review of the action of the Village Clerk as hereinafter provided.
Such application shall be in writing, signed and acknowledged by applicant, and shall state the ground or grounds on which applicant claims that the determination of the Village Clerk was erroneous.
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application by the Village Clerk has been mailed to applicant or delivered to applicant in person.
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions hereof. The Village Attorney shall designate three hearing officers to constitute a review board to conduct hearings in connection with appeals set forth in this section. The Village Attorney shall select hearing officers based upon their background and qualification in law and/or government administration. The review board may include Village employees, excluding the Village Clerk.
At such hearing, the review board shall consider the applicant's application upon the record before the Village Clerk in connection with the Village Clerk's consideration thereof, and in its discretion may receive new or additional evidence in support thereof or in opposition thereto.
The review board, after such hearing, may affirm the action of the Village Clerk if it shall find that the action was supported by substantial evidence and is rational, or otherwise direct the Village Clerk to issue a proper license, pursuant to this chapter.
Notwithstanding any provisions of this chapter to the contrary, whenever it shall be provided herein that a hearing shall or may be held with respect to any matter:
Such hearing shall be held on a date, at a place and hour designated by the Village Attorney.
The Village Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing, and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee, at least 10 days before such hearing.
The applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence on applicant's own behalf as may be relevant to the subject matter of the hearing.
All witnesses shall be sworn and examined under oath.
Any license approval granted by the Village Clerk is subject to the following restrictions:
Payment by the applicant of the license fee of $200.
All activity must be conducted only on weekdays and Saturdays, and only between the hours of 9:00 a.m. and sunset.
Any business licensed under this chapter shall not have more than 10 licensed individuals engaged in the licensed activity at any one time.
The license shall be effective for no more than one calendar year from the date of issuance, and all licenses shall terminate on December 31 in the year in which it was issued. There shall be no proration of fees over the calendar year. Licenses may be renewed by the Village Clerk upon payment of a fee of $100. The renewal application must reaffirm the truth and completeness of all information required for a license, and make all new required disclosures, as applicable. New photographs must be submitted every three years.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting where there is posted in plain view a "no peddlers" or "no solicitors" or "do not knock" sign, painted or otherwise affixed or displayed at the front of a residence or business.
There shall be no more than two ice cream vending trucks licensed in Atlantic Beach at any one time, unless otherwise authorized by resolution of the Board of Trustees.
All licensees shall keep their licenses with them while engaging in their licensed activity, and produce same for inspection by any person during that time.
This chapter shall not apply to persons for whom exemption is made by any controlling provision of law, provided such persons are not engaged in commercial transactions. This chapter also shall not apply to any duly organized religious corporation, lodge, benevolent or fraternal order, political organization, nor to a local community group or organization such as the Boy Scouts, Girl Scouts, or other such youth organization, or to any political party or candidate. In the event such organizations or individuals are involved in commercial transactions or the soliciting of funds, special permission shall first be obtained from the Board of Trustees.
If any section, subsection or provision of this chapter or the application of such section, subsection or provision to any person or circumstances shall be held invalid, illegal or unconstitutional, the validity of the remainder of this chapter and the applicability of such section, subsection or provision to other persons or circumstances shall not be affected thereby.
Any person committing an offense against this chapter or any section or provision thereof shall be guilty of a violation punishable by a fine of $500 for each such offense. Each separate day of violation shall constitute a separate offense; any employer which knowingly permits a person to commit an act in violation of this chapter shall be jointly and severally liable for that violation.