[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook 6-26-1972 by Ord. No. 72-45 as Ch. 11 of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 72.
Garage sales — See Ch. 135.
Junk dealers — See Ch. 149.
Licenses — See Ch. 153.
Parks and recreational areas — See Ch. 173.
Peace and good order — See Ch. 175.
Special sales — See Ch. 192.
Dealers in secondhand merchandise — See Ch. 195.
Sunday activities — See Ch. 216.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASS and CANVASSER
Shall be considered as synonymous with the terms "solicit" and "solicitor."
COMPANY
Any association of individuals, partnerships, firms, corporations, societies or any other organization.
PEDDLE
To go from house to house, from store to store, from place to place or from street to street, 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 Village of Lynbrook other than from a fixed place of business.
PEDDLER
Any person or company who peddles, as herein defined. The words "peddler," "hawker" and "huckster" are considered synonymous terms.
[Amended 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No. 5-2012]
PERSON
Only a natural person or an individual, whether a resident of the Village of Lynbrook or not.
SOLICIT
To go from house to house, from place to place, from street to street, from store to store, or any combination thereof, for the purpose of selling or taking an order or orders, whether from sample or otherwise, for services to be performed in the future or for goods, wares, merchandise or provisions to be delivered in the future or for the purpose of obtaining contributions of money, goods or services or for the purpose of delivering advertising matter at any place within the Village.
[Amended 1-21-1974]
SOLICITOR
Any person who solicits, as defined in this section, whether directly or indirectly, and whether in person or through another person or employee, and shall include such other person or employee.
[Amended 1-21-1974; 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No. 5-2012]
[Added 6-18-2012 by L.L. No. 5-2012]
A. 
The fundamental purpose of this chapter is the safety and welfare of Village residents by assuring that peddlers and solicitors have been investigated and licensed. The chapter has been reviewed by the Village Board and amended to assure and safeguard the constitutional rights of all solicitors and peddlers in the Village with reasonable licensing requirements and reasonable working limitations as to place and time.
B. 
The Board has also considered provisions for the health, safety and welfare or children 15 years of age and younger who are engaged in these practices. In this regard, the Code amendments establish the least restrictive regulatory provisions in order to achieve these goals while balancing the provisions in light of the rights of the children and the rights of their parents under law. In providing for both the age limitations and the requirement of the presence of a parent or legal custodian, the Board has acted upon its consideration of federal child labor regulations found in CFR Title 29 Parts 570-579, particularly 570.33 where youth peddling is found as "oppressive child labor" under the Fair Labor Standards Act. The Board also considered the report of the Labor Department dated May 20, 2010, concerning the bases for these regulations wherein youth peddling is investigated. This report describes the dangers to which such children are exposed. Also considered is the Village's experience with a Suffolk County firm transporting children for the purpose of selling products where the children were clearly underage with no custodial adult present. This firm has been investigated by the New York State Labor Department and the Nassau County Police Department with charges of child abandonment and the labor violations of "employment" of children under 14 and over 14 without working papers.
C. 
Considering the foregoing facts, the Village Board amends Chapter 178 in accordance with its obligation to meet the goals of its governmental interests for the protection of its residents and the well-being and safety of children.
[Amended 11-21-2011 by L.L. No. 16-2011]
It shall be unlawful for:
A. 
Any person or company to peddle or solicit within the Village of Lynbrook without having first obtained a valid license or registration certificate therefor as provided for herein.
B. 
Any person to employ or use the services of an individual under the age of 16 years in the activity of peddling or soliciting unless a parent or legal custodian is present with or no further than 50 feet from said individual.
[Amended 6-18-2012 by L.L. No. 5-2012]
An application for a license shall contain the following information:
A. 
Name, date of birth, and description of applicant. Applicant shall provide proof of identity and age, which proof shall have a photograph of the applicant of sufficient quality to prove identity.
[Amended 11-21-2011 by L.L. No. 16-2011]
B. 
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.
D. 
A statement as to whether or not the applicant has ever been convicted of any crime 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 shoulders of the applicant in a clear 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 by the owner of a licensed vehicle, 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 license number or other means of identification.
I. 
If the applicant is employed by a company, or is a company, the name and address and title of officer of company upon whom process or other legal notice may be served.
[Amended 11-21-2011 by L.L. No. 16-2011]
A. 
Upon receipt of such application, one copy shall be referred to the Village of Lynbrook Police Department for such investigation of the applicant to be made as it deems necessary for the protection of the public good.
B. 
If such investigation should prove the applicant to have a police record, the Police Department shall attach to such application a copy of the applicant's police record and shall return the application to the Village Clerk, who 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 Police Department shall attach to the application a statement that it has no record of the applicant and shall return said application to the Village Clerk. Upon the return of such application and approval by the Village Clerk and the payment of the prescribed license fee by the applicant, the Village Clerk shall prepare and deliver to the applicant his license and tag. Such license shall contain the Seal of the Village 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 Village Clerk shall keep a record of all such licenses issued.
E. 
The Village shall have 20 business days to either approve or disapprove any application made under Chapter 178.
[Added 6-17-2019 by L.L. No. 4-2019]
[Amended 12-2-2002 by L.L. No. 6-2002]
Fees shall be as follows:
A. 
For each person proposing to peddle or solicit, whether on foot or from a licensed vehicle, an annual license fee shall be in such amount as set by resolution of the Board of Trustees.
B. 
For a peddler vehicle license for a commercial or suburban vehicle, the annual fee shall be in such amount as set by resolution of the Board of Trustees.
C. 
The annual license fees herein provided shall be assessed on a yearly basis. Each license shall expire on the 31st day of January next succeeding the date of issuance. There shall be no reduction in fees for fractional parts of the year.
[Amended 12-2-2002 by L.L. No. 6-2002]
A. 
To each person licensed under this chapter, the Village Clerk shall issue a license with a photo of the licensee which shall bear the word "peddler," the number of the license and the calendar year for which the license is issued, in figures plainly discernable. Such license shall be displayed constantly by the licensee 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 Village Clerk shall issue a license which shall bear the word "peddler," the number or the license and the calendar year for which such license is issued, in figures plainly discernable. Said license shall be attached to the passenger visor of the vehicle in a conspicuous manner and shall be kept clear and readable at all times.
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 same upon demand of any person in the Village of Lynbrook.
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.
No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall be 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 dusk (30 minutes after sunset), but, in no event, after the hour of 9:00 p.m. of any day, except upon the invitation of a householder or occupant.
[Amended 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No. 5-2012; 6-17-2019 by L.L. No. 4-2019]
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 be permit his 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 area of the Village of Lynbrook.
E. 
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting where the householder or occupant has given notice to the Board of Trustees pursuant to § 178-18.1 of this section.
[Added 6-17-2019 by L.L. No. 4-2019]
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.
[Added 7-19-1982 by L.L. No. 6-1982]
If the applicant for a peddler's or solicitor's license handles food in his business, he shall also file with his application, a copy of the current notice of inspection and the current permit issued by the Nassau County Board of Health certifying that he complied with all Health Department requirements.
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 Village of Lynbrook shall be exempt from the provisions of § 178-5 of this chapter. In lieu of a license as prescribed in § 178-6A of this chapter, the Village Clerk, upon arrival of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Village of Lynbrook, 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 11-21-2011 by L.L. No. 16-2011]
This chapter will apply to religious and charitable organizations and newspaper vendors; however, the provisions of §§ 174-4C through 178-8 shall not apply to persons soliciting for a charitable or religious organization, and the provisions of §§ 178-2 and 178-4 through 178-8 shall not apply 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.
[Amended 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No. 5-2012]
If for any reason any person or company is exempt from the payment of any fees herein, said person or company shall nevertheless complete an application pursuant to § 178-3, and shall comply with all the other applicable terms and provisions of this chapter. The Village Clerk shall issue a registry certificate in lieu of a license and badge indicating that such person and company is properly registered hereunder.
[Amended 6-18-2012 by L.L. No. 5-2012]
It shall be the duty of any police officer of the Village of Lynbrook to require any person seen peddling or soliciting and who is not known by such police officer to be duly licensed or registered to produce his peddler's and solicitor's license or registry certificate and to enforce the provisions of this chapter against any person found to be violating same.
The Police Department shall report to the Village Clerk all convictions for violation of this chapter, and the Village Clerk shall record the reports of such violations.
A. 
A license or registry certificate (hereinafter referred to as "license") issued under the provisions of this chapter may be revoked by the Village Clerk of the Village of Lynbrook after notice and hearing for any of the following causes.
[Amended 6-18-2012 by L.L. No. 5-2012]
(1) 
Fraud, misrepresentation or false statement contained in the application for licenses.
(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 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 Village 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 Village Clerk shall have issued his determination thereon.
[Amended 6-18-2012 by L.L. No. 5-2012]
Any person aggrieved by the action of the Police Department or the Village Clerk in the denial of an application for a license as provided in § 178-4 of this chapter or in the decision of the Village Clerk with reference to the revocation of a license as provided for in § 178-17 of this chapter shall have the right to appeal to the Village Board of the Village of Lynbrook. Such appeal shall be taken by filing, within 30 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 Village 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 criteria for Board determination is whether the Police Department and/or the Village Clerk acted properly under law. The decision and order of the Village Board on such appeal shall he final and conclusive.
[Added 6-17-2019 by L.L. No. 4-2019]
Any person not desiring peddling or solicitation upon the person's private property may advise the Board of Trustees by written notice objecting to any and all peddling or solicitation. Such notice shall include the name of the person filing; the address of the property affected; the date of the filing; a statement specifically identifying the organizations or institutions which the person filing objects to permitting entrance onto his private property for the purpose of peddling or solicitation; or that all such peddling or solicitation is objected to.
[Amended 5-4-1992 by L.L. No. 7-1992; 11-21-2011 by L.L. No. 16-2011]
A violation of any provision of this chapter shall be punishable by a fine up to $500 for a violation and up to $1,000 for any subsequent violation within three years.