[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville during codification 5-12-1975 as L.L. No. 12-1975; see Ch. 1,
General Provisions, Art. II. Amendments noted where applicable.]
This chapter is adopted to regulate the distribution of certain materials,
peddling, soliciting and related activities within the village. The licensing
of persons engaged in the above-mentioned activities is required so that the
identity of persons going door to door or distributing materials within the
village may be established, so that general regulations may be more effectively
enforced, for the protection and maintenance of the health, safety and welfare
of the inhabitants of the village and to prevent dishonest business practices
and dishonest solicitation of funds in the village.
As used in this chapter, the following words shall have the meanings
indicated:
- DISTRIBUTOR
- Any person who distributes or causes to be distributed on any street or public place within the village any newspaper, periodical, book, magazine, handbill, circular, card or pamphlet or printed material of any kind.
- MERCHANDISE
- All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvement or alterations, and anything that may be sold or distributed by peddlers, solicitors or distributors as used herein.
- PEDDLER
- Any person, whether a resident of the village or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
- PERSON
- Any individual, firm, partnership, corporation, organization, club, association, or any principal or agent thereof.
- SOLICITOR
- Any person, whether a resident of the village or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser." Any person who goes from door to door as described above for the purpose of soliciting and/or collecting funds from a stationary location on any street or other public place.
- TRANSIENT MERCHANT
- Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one (1) year from the date of commencement, and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed material
or services within the village without first applying for and obtaining a
license therefor pursuant to the provisions of the Licensing Ordinance.[1]
In addition to the information required in § 36-3 of the Licensing Ordinance,[1] the following information shall also be provided:
A.
The length of time for which the license is desired.
B.
If a vehicle is to be used, a description of such vehicle
and its license number.
C.
The place where the merchandise or services to be sold
or offered for sale are manufactured or produced; where such goods or property
are located at the time such application is filed and the proposed method
of delivery.
D.
A photograph of the applicant taken within sixty (60)
days immediately prior to the date of the application, which photograph shall
clearly show the head and shoulders of the applicant and shall measure two
by two (2 x 2) inches.
E.
Two (2) business references located in the County of
Nassau, State of New York, or in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will enable
an investigator to properly evaluate such character and responsibility.
F.
The fingerprints of the applicant.
Prior to the issuance of any license, the applicant shall file with
the Village Clerk a bond to the village in the amount of one thousand dollars
($1,000.), which bond shall be executed by the proposed licensee as principal
in a surety company licensed to do business in the State of New York, which
said bond shall remain in force for the term of the license to be issued and
shall be conditioned as follows:
A.
To indemnify and pay the village for any penalties or
costs incurred in the enforcement of any of the provisions of this chapter
and to indemnify or reimburse any purchaser of personal property from the
licensee in a sum equal to at least the amount of any payment such purchaser
may have been induced to make through the misrepresentation as to the kind,
quality or value of the personal property; whether the misrepresentations
were made by the licensee or said licensee's agents, servants or employees
either at the time of making the sale or through any advertisement printed
or circulated with reference to such personal property or any parts thereof.
B.
The aforesaid bond shall be declared forfeited upon proof
of falsification in the application for a license.
C.
Said bond shall be deemed forfeited upon proof of violation
of any of the provisions of this chapter by the applicant or his agents, servants
or employees.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise, except between
the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a person previously.
C.
Have exclusive right to any location in the public streets
or operate in any congested area where his operations might impede or inconvenience
the public.
D.
Leave at a property or house or in any public place circulars,
samples or other matter, except newspapers, which shall be defined as a periodical
with a paid circulation of at least ninety percent (90%) of its total circulation,
except when handed to a person or house occupant.[2]
E.
Enter or attempt to enter the land of any resident in
the village without an express invitation from the occupant of the house.
F.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device upon any of the streets, parks or public places of the
village or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the streets,
avenues, parks or other public places of the village, or upon private premises
therefrom, for the purpose of attracting attention to any merchandise or services.[3]
H.
Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
J.
Peddle, solicit or sell, in the Incorporated Village
of Bayville, outside of permanent buildings. This provision is intended to
prohibit peddling, soliciting or selling from trucks, temporary stands, vans,
autos or other motor vehicles, except by special permit, but shall not be
applicable to permanently established nurseries or vending machines.
The Board of Trustees may, by resolution, exempt persons from the bond
requirement, provided the applicant satisfies the Board that the nature of
his activity does not jeopardize the position of the village or the protection
given herein to the residents.
The following persons are exempt from the payment of a fee, and in the
discretion of the Board of Trustees, the investigation procedures upon compliance
with all other provisions of this chapter and submission of applicable identification
and documents to support his claim to exemption:
A.
Any charitable or religious society that shall conduct
sales of personal property when the proceeds therefrom shall be applied to
the payment of the expenses thereof and to the charitable or religious object
for which the society exists.
B.
Any person possessing a peddler's license issued in conformity
with New York State General Business Law § 32.
C.
Any person selling fruits and farm products grown by
himself, with or without the help of others.
D.
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 prior agreement.
E.
Any school, political or civic organization, benevolent
society, service club or nonprofit organization which is located in or has
a substantial membership from the village.
Any person committing an offense against any provision of this chapter
shall, upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding two hundred fifty
dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days,
or by both such fine and imprisonment. The continuance of an offense for each
day [twenty-four (24) hours] shall be deemed a distinct and separate violation.
