[HISTORY: Adopted by the Town Board of the
Town of North Hempstead 12-15-1964, effective 1-1-1965. Amendments
noted where applicable.]
[Amended 9-21-1993 by L.L. No. 13-1993]
For the purpose of this chapter, certain words
are defined as follows:
Considered as synonymous with the terms "solicit" and "solicitor."
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
To go from house to house, from store to store, from place
to place or from street to street, or to stand in a fixed or stationary
position, or any combination thereof, 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 Town of North
Hempstead other than from a fixed place of business owned or operated
by the seller.
Any person 16 years of age or older, or any company who peddles,
as herein defined, whether directly or indirectly, and whether in
person or through another person or employee. The words "peddler,"
"hawker" and "huckster" are considered synonymous terms.
A vehicle, as defined in the Vehicle and Traffic Law of the
State of New York, particularly designed or used for the sale at the
vehicle of food, beverages, ice cream and other items intended for
human consumption or for the sale of merchandise at the vehicle or
for services rendered or to be rendered in, on or at the vehicle as,
for example, in the sharpening of tools and lawn mowers.
[Added 5-19-2009 by L.L. No. 8-2009]
Any natural person, 16 years of age or older, whether a resident
of the Town of North Hempstead or not.
Any and all streets, boulevards, avenues, lanes, alleys or
other public ways and any and all public parks, squares, spaces, plazas,
grounds and buildings.
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, or for the purpose of obtaining contributions of
money, at any place within the Town of North Hempstead, or to distribute
advertising matter.
Any person 16 years of age or older, or any company who solicits
as herein defined, whether directly or indirectly and whether in person
or through another person or employee.
A.
It shall be unlawful for any person or company to
peddle or solicit within the Town of North Hempstead without having
first obtained a valid license therefor as provided herein.
B.
It shall be unlawful for any person or company to
use a peddling vehicle to peddle or solicit within the Town of North
Hempstead without having first obtained a valid Town of North Hempstead
vehicle license therefor, as provided herein.
[Added 5-19-2009 by L.L. No. 8-2009[1]]
[1]
Editor's Note: This local law also redesignated
former Subsection B as Subsection C.
C.
Every employer who hires a person to peddle or solicit
in his behalf shall share the same responsibility with respect to
penalties hereunder, in the event that person shall peddle or solicit
without having first obtained a valid license.
[Added 9-21-1993 by L.L. No. 13-1993]
[Amended 9-21-1993 by L.L. No. 13-1993]
An application for a license shall contain the
following information:
A.
The name and a description of the applicant.
B.
The address of 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, and
the name of the person or business which has or will supply the goods
or property to the offered for sale.
D.
A statement as to whether or not the applicant has
ever been convicted of any crime, misdemeanor or violation of any
municipal ordinance or local law, the nature of the offense and the
punishment or penalty assessed therefor.
E.
Three 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 shoulder
of the applicant in a clean 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.
G.
If employed to peddle or solicit, 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.
J.
If the applicant for a license is to handle food in
any form, he will be required to submit with his application evidence
that he has complied with the provisions of the Nassau County Public
Health Ordinances and Local Laws.
K.
In any application for a license or renewal hereunder,
the applicant shall produce a valid certificate of registration and
certificate of authority as required by the New York State Department
of Taxation and Finance.
[Added 9-21-1993 by L.L. No. 13-1993]
All applicants for a license hereunder must
consent to being fingerprinted by the Town Clerk and must pay the
costs of securing and reviewing the fingerprints.
[Amended 9-21-1993 by L.L. No. 13-1993]
A.
Upon receipt of such application, one copy shall be
referred to the New York State Department of Criminal Justice Services
for an investigation of the applicant.
B.
If such investigation should prove the applicant to have a police record, the New York State Department of Criminal Justice Services shall attach to such application a copy of the applicant's police record and shall return the application to the Town Clerk. If the investigation reveals that the applicant would be ineligible under any of the causes set forth in § 40-17A hereof, the Town Clerk shall notify the applicant that his application is disapproved and that no license will be issued on said application.
C.
If, as a result of such investigation of the applicant,
no police record is found, the Department of Criminal Justice Services
shall attach to the application a statement that it has no record
of the applicant and shall return said application to the Town Clerk.
Upon the return of such application and approval by the Town Clerk
and the payment of the prescribed license fee by the applicant, the
Town Clerk shall prepare and deliver to the applicant his license
and tag. Such license shall contain the seal of the Town and the signature
of the issuing officer and shall show the name, address and photograph
of the licensee, the class of license issued, the kind of goods to
be peddled or solicited thereunder, the amount of fee paid, the license
number, the date of issuance and the date of expiration of such license,
as well as the state license number or other identifying description
of vehicle, if for a vehicular license.
D.
The Town Clerk shall keep a record of all licenses
issued.
E.
No license shall be issued by the Town Clerk to any
minor under 16 years of age.
A.
For each person proposing to peddle or solicit, whether
on foot or from a licensed vehicle: a nonrefundable fee of $50.
[Amended 1-10-1984 by L.L. No. 1-1984; 8-10-1993 by L.L. No. 10-1993]
B.
For each commercial or suburban vehicle: $50.
[Amended 1-10-1984 by L.L. No. 1-1984]
C.
For issuing a replacement of an individual's lost
license or badge: $50.
[Amended 1-10-1984 by L.L. No. 1-1984; 8-10-1993 by L.L. No. 10-1993]
D.
The annual fee herein provided for shall be assessed
on a yearly basis, and all licenses shall expire on the 31st day of
January of the year next succeeding the date of issuance. There shall
be no reduction in fees for fractional parts of the year.
A.
To each person licensed under this chapter, the Town
Clerk shall issue a metal or plastic badge which shall bear the words
"Peddler or Solicitor," the number of the license and the calendar
year for which the license is issued in figures plainly discernible.
Such badge shall be worn constantly by the licensee on his outer garment,
in such a way as to be conspicuous during such time as said licensee
is plying his trade.
B.
For each vehicle licensed under this chapter, the
Town Clerk shall issue a metal or plastic license plate which shall
bear the words "Peddler or Solicitor," the number of the license and
the calendar year for which such license is issued in figures plainly
discernible. Said license plate shall be attached to the rear of each
vehicle in a conspicuous place and shall be kept clear and readable
at all times.
C.
To each person licensed under this chapter who loses
his badge issued by the Town Clerk, the Town Clerk shall issue a replacement
upon said person submitting an affidavit setting forth the facts surrounding
and establishing the loss of said badge and payment of the proper
fee.
Every peddler or solicitor licensed under this
chapter shall have his license in his 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.
[Amended 9-21-1993 by L.L. No. 13-1993]
No peddler or solicitor shall have any exclusive
right to any location in any public place, nor shall any be permitted
to stand in one place for more than 15 minutes or to stop within 200
feet of a previous stop, nor shall he be permitted to operate in any
congested area where his 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.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day, or after 1/2 hour before sunset
of any day, or after the hour of 7:00 p.m. of any day, except upon
the invitation of the householder or occupant, except that a religious,
charitable or other not-for-profit organization may solicit until
9:00 p.m. on any day.
[Amended 9-21-1993 by L.L. No. 13-1993]
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell
his goods or wares within 200 feet of any church or place of worship
or any place occupied exclusively as a public or private school or
for school purposes, nor shall he permit his cart, wagon or vehicle
to stand on any public highway within said distance of such school
property.
D.
No solicitor shall solicit any business whatsoever
at the scene of any accident within the unincorporated area of the
Town of North Hempstead.
If the applicant for a peddler's or solicitor's
license uses scales or measures in his business, he shall also file
with his application for license a certificate issued by the Nassau
County Sealer of Weights and Measures that his scales or measures
have been tested and sealed.
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 Town of North Hempstead shall be exempt from the provisions of § 40-5 of this chapter. In lieu of a license as prescribed in § 40-6A of this chapter, the Town Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Town of North Hempstead subject to all other provisions of this chapter. Said permit will be stamped in ink on the face of the county license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
[Amended 9-21-1993 by L.L. No. 13-1993]
A.
Religious agencies and organizations, including charities,
agencies and organizations operated, supervised or controlled by or
in connection with a religious organization, and political organizations
and committees are exempt from the requirements of this chapter with
respect to soliciting and, in the case of religious agencies and organizations,
with respect to peddling of religious materials; provided, however,
that such agencies and organizations may solicit or peddle only between
the hours of 9:00 a.m. and 9:00 p.m.
B.
Charitable organizations, as that term is defined in § 171-a of the Executive Law, are exempt from the provisions of §§ 40-2 to 40-8 hereof with respect to soliciting; provided, however, that such organizations must, prior to commencing any solicitation, provide to the Town Clerk the name, address, date of birth and social security number of each person who will be soliciting; a description of the area in which such solicitation will occur; a listing of the days and the hours on which soliciting will occur; and evidence of compliance with the registration requirements of Article 7-A of the Executive Law,[1] or proof that the organization is exempt from such requirements.
The Town Clerk shall forward to the appropriate police precinct or
headquarters a copy of the information supplied by the charitable
organization pursuant to this section.
[1]
Editor's Note: See Executive Law § 171-a
et seq.
C.
This chapter shall not apply to persons engaged in
the distribution of a newspaper published at stated intervals for
the purpose of conveying news to its subscribers or buyers.
D.
The provisions of §§ 40-2 to 40-8, inclusive, of this chapter shall not apply to the peddling of fish, fruit or farm produce by persons who produce such commodities. This exemption shall apply only to natural persons and shall not be construed to include farmers or other persons who buy goods for resale, as well as selling their own produce, or to any helper or employee of such exempt person.
E.
This chapter shall not apply to those persons that would otherwise be defined as a "peddler" or "solicitor" pursuant to § 40-1 of this chapter if that person is participating in a Town-sponsored cultural or recreational event on Town property where the Town has requested the presence of such person to sell food items or other items, the sale of which would otherwise be regulated by this chapter, and where the Town has received the appropriate permit from the Nassau County Department of Health to conduct such cultural and recreational event. The exemption shall apply only during those times that such person is participating in a Town-sponsored cultural or recreational event and shall only apply to such person's activities at a Town-sponsored cultural or recreational event.
[Added 5-2-2023 by L.L. No. 13-2023]
Any person or company who or which solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Town of North Hempstead shall be exempt from the payment of any fees as set forth in § 40-5 hereof upon presentation of proper proof of the Town Clerk that said person or company is actually engaged in interstate commerce. If the Town Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this chapter have been complied with, the Town Clerk shall issue a registry certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. All of the provisions of this chapter shall apply to all such persons and companies registered pursuant to this section.
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 peddler's and 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 Town
Clerk all convictions for violation of this chapter, and the Town
Clerk shall record the reports of such violations.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Clerk of the Town of North Hempstead after
notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
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 public.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for hearing.
C.
The Town Clerk, upon receiving information giving
him reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section or indicted
or charged with or for any crime or offense or has been convicted
of any crime or offense may forthwith temporarily suspend such license
until a hearing is held by him as provided herein, and the Town Clerk
shall have issued his determination thereon.
Any person aggrieved by the action of the Police Department or the Town Clerk in the denial of an application for a license as provided in § 40-4 of this chapter or in the decision of the Town Clerk with reference to the revocation of a license as provided in § 40-17 of this chapter shall have the right to appeal to the Town Board of the Town of North Hempstead. 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 Town 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 last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 8-10-1993 by L.L. No. 10-1993]
Any person violating any provisions of this
chapter shall be liable for and forfeit and pay a penalty not exceeding
$500 for each offense.
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this chapter but they shall remain
in effect, it being the legislative intent that this chapter shall
stand notwithstanding the invalidity of any part.
All other local laws, ordinances or parts of
ordinances inconsistent herewith are hereby repealed.
