[HISTORY: Adopted by the Board of Trustees
of the Village of Lake Grove 11-16-1978 as Ch. 94 of the 1978 Code. Amendments noted where applicable.]
No person, association, partnership or corporation
engaged in itinerant trading shall solicit the sale of or hawk, peddle,
vend, sell or dispose of any goods, wares or merchandise of any description
in or upon the public streets, roads or highways or public places
of the Village of Lake Grove, or upon private property by calls, canvassing
or soliciting from house to house within said village, without having
first obtained a license therefor as hereinafter provided.
As used in this chapter, the following words
shall have the meanings indicated:
To peddle or offer for sale by calling aloud or by going
from door to door; to carry wares about for sale; peddle.
One who offers goods for sale by shouting his wares in the
street or going from door to door; peddler.
A.
Every applicant for a license is required to file
with the Village Clerk a written application supplying the following
information:
(1)
That he is a citizen of the United States.
(2)
That he has never been convicted of a felony.
(3)
The particular business, trade or occupation for which
the license is required.
(4)
The manner or means of conveyance in which said business
or trade or occupation shall be conducted.
(5)
The name, address and age of the applicant.
(6)
The name of the person, firm or corporation he represents.
B.
Such application shall be accompanied by a certificate
from the Suffolk County Sealer of Weights and Measures, certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
Upon the filing of the application as provided
in the preceding section, the Village Clerk shall, upon his approval
of such application, issue a license to the applicant specifying the
trade or occupation authorized.
Every such licensee using any vehicle in conducting
business shall have and keep the number of his license painted in
conspicuous figures on a metallic sign on a conspicuous place on the
driver's side of such vehicle, and if any person uses or employs more
than one vehicle for such business, he shall procure a separate license
for each of such vehicles. Every licensed peddler, solicitor or canvasser
not using a vehicle shall, at all times while engaged in peddling,
hawking or soliciting, wear on the front of his outermost garment
a badge provided by the Village Clerk which shall contain the number
of the license and the date when it expires.
A.
A licensed hawker, peddler or solicitor shall not
permit any cart, wagon or vehicle owned or operated or controlled
by him to stand or remain stationary, nor shall he sell or offer for
sale therefrom or from any pack or container any goods, wares or merchandise
of any kind or within the lines of any street, highway or sidewalk
in the Village of Lake Grove for a longer period than 15 minutes,
or within 1,500 feet of any public market or store engaged in the
business of selling the same goods, wares and merchandise offered
by the licensee, or in front of any premises if the owner or lessee
thereof objects thereto.
B.
Vehicle requirements.
(1)
Motor vehicles vending ice cream, ices or other merchandise
shall be parked at the curb, at least 200 feet from all intersecting
streets.
(2)
Such vehicles shall contain six blinker lights, at
least five inches in diameter, continuously blinking, two lights at
the roof height and two lights at fender level of the vehicle and
at least two blinker lights at the roof level in the front to give
proper warning to other vehicles of its presence at the curb.
(3)
All vending vehicles shall be equipped with a backup
alarm system in proper working order.
C.
No peddler or solicitor shall have any exclusive right
to any location in any street or on any public property, nor shall
any peddler or solicitor be permitted to occupy any stationary location
in any street or any public property. No person may peddle or solicit
in any congested place or area when or where such activity may impede
or inconvenience the public or add to the congestion of such place
or area. For the purpose of this section, the judgment of any peace
officer or police officer, exercised in good faith, shall be deemed
conclusive as to the existence of congestion and as to whether the
public is impeded or inconvenienced.
D.
Due to the traffic congestion on all state or county
roads in the Village of Lake Grove during the hours set forth herein,
no person shall park any vehicle, cart, wagon or trailer between the
hours of 9:00 a.m. and 5:00 p.m. upon any state or county road in
the Village of Lake Grove, including but not limited to the following
streets, solely or partly included in the Village of Lake Grove, or
within 25 feet of the paved portion thereof, or within 200 feet from
the point where any state or county road intersects any other road
or highway, for the purpose of peddling, selling or soliciting the
sale of goods, wares, food products or merchandise[1]
E.
It shall be unlawful:
(1)
For any person to enter upon private property for
the purpose of peddling, canvassing or soliciting before the hour
of 9:00 a.m. and after the hour of 5:00 p.m. of any day except upon
the express invitation of the owner or occupant of the premises.
(2)
For any peddler, canvasser or solicitor to enter or
attempt to gain entry or admission to any premises posted with any
sign the purpose of which is to prevent, prohibit or avoid peddling
or soliciting thereat.
(3)
For any person to solicit, canvass or peddle within
200 feet of any place used or occupied as a public or private school,
schoolgrounds, church, synagogue or place of worship, firehouse or
public building, or to permit his cart, wagon or vehicle to stand
on any street or public place within 200 feet of such property.
A.
This chapter shall not apply to such peddling, canvassing
or soliciting as to require a license for an honorably discharged
soldier, sailor or marine of the military or naval service of the
United States who has obtained a license from the County Clerk of
Suffolk County to hawk, peddle, vend, canvass or solicit trade in
pursuance of law.
B.
The provisions of §§ 121-1 through 121-6 inclusive of this chapter shall not apply to the following:
(1)
Charitable or other organizations or persons exempted
from compliance with the provisions of Article 10-A of the New York
Social Welfare Law, nor any political organization or any division,
branch, part or representative thereof.
(2)
Persons engaged in the distribution of a newspaper
published at stated intervals for the purpose of conveying news to
its subscribers, buyers or readers.
(3)
Any person who keeps, maintains or operates a store,
market, shop or similar permanent place of business and who operates,
runs or uses a cart, wagon, truck or other vehicle for the purpose
of making delivery of goods, wares, merchandise or provisions bought
or ordered at such place of business.
C.
The provisions of this chapter shall not apply to
any person solely engaged in the delivery, trucking, carting business
or delivering such goods, wares, merchandise or provisions for or
on behalf of any supermarket, department store, permanent place of
business or any establishment within or outside the Village of Lake
Grove.
D.
The exemptions to the provisions of this chapter shall
not apply to any person or organization, charitable or otherwise,
as herein provided, for the solicitation or collection of donations
or funds, regardless of the type or character of such organization
or the purpose thereof.
[Amended 3-21-2024 by L.L. No. 5-2024]
Any person, corporation, firm, partnership, limited-liability company, trust, trustee, estate, estate fiduciary or representative or other entity who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-14 of the Code of the Village of Lake Grove.
