[HISTORY: Adopted by the Board of Trustees of the Village of Nassau
during codification; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
The licensing and regulation of persons engaged in peddling, vending,
hawking and soliciting is required so that the identity of persons going from
door to door is known and established, to avoid traffic congestion in and
about certain areas of the village and for the protection and maintenance
of the health, safety and welfare of the inhabitants of the village.
As used in this chapter, the following words shall have the meanings
indicated:
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services and orders
or contracts for services, home improvements or alterations and anything that
may be sold or distributed by peddlers, hawkers, solicitors or vendors as
used herein.
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 "vendor."
Any individual, firm, partnership, corporation, organization, activity,
society, club or association or any principal or agent thereof.
Any person, whether a resident of the village or not, who goes from
door to door, 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
of 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.
Any person who goes from door to door, as described above, for the purpose
of soliciting and/or collecting funds or from a stationary location on any
street or other public place.
Includes the word "canvasser."
It shall be unlawful for any peddler or solicitor to sell, offer for
sale or distribute merchandise or services within the Village of Nassau without
first applying for and obtaining a license from the Clerk of the Village of
Nassau. The cost of such license shall be determined by resolution adopted
by the Board of Trustees.
A.Â
Every applicant for a license shall submit to the Village
Clerk a written verified application containing the following information:
(1)Â
The name of the applicant, permanent home residence and
address of his current place of sojourn if different from the home address.
(2)Â
The names and addresses of all entities where products
he intends to sell or for which he intends to solicit orders.
(3)Â
The length of time for which the license is desired.
(4)Â
If a vehicle is to be used, a description of such vehicle
and its license number.
(5)Â
A description of the merchandise or services to be offered
for sale.
B.Â
To the application must be appended a letter of authorization
from the firm which the applicant claims to represent.
C.Â
If the applicant has one (1) or more employees who will
work in the village, the same information required above must be supplied
as to each employee.
Upon receipt of the application and upon compliance with all of the
requirements of this chapter, the Village Clerk shall issue a license to the
applicant. This license shall be nontransferable. It shall be in the continuous
possession of the licensee while engaged in the business licensed.
A.Â
Any person possessing a peddler's license issued
in conformity with § 32 of the General Business Law of the State
of New York shall be exempt from the payment of a fee but shall be required
to obtain a license as set forth herein.
B.Â
The following persons shall be exempt from the payment
of a fee as hereinafter provided and from the obtaining of a license hereunder
but shall be subject to those provisions of this chapter specifically made
applicable to said persons:
(1)Â
A truck farmer or gardener who himself/herself vends,
sells or disposes of products of his/her own farm or garden.
(2)Â
Any school, youth activity or nonprofit organization,
including churches or religious societies or organizations, political or civic
organizations, benevolent societies, youth groups, service clubs or other
such nonprofit organizations, provided that the peddling, hawking, soliciting
or vending is in the exercise of the legitimate purposes of said organizations,
societies, activities or groups and provided further that such persons or
the organization, society, activity or group they represent, prior to the
commencement of such activity, notify the Village Clerk of their intended
peddling, hawking, vending or soliciting and further provided that such activities
are carried out in an orderly manner, solely between the hours of 9:00 a.m.
and 7:00 p.m., without annoyance or harassment to the persons solicited, vended
to, hawked to or peddled to or in any manner or way disturbing the peace or
creating or causing a public or private nuisance.
A.Â
No license issued hereunder shall be exercisable and no person exempted, as set forth in § 85-6, from paying a fee or obtaining a license hereunder shall conduct the activities regulated hereby in or upon any public property, in or on any public school or church premises or within one thousand (1,000) feet of the same or in or upon any street, sidewalk, open lot or premises abutting upon or located within any portion of the village designated on the Zoning Map of the village as General Business District B.
B.Â
(1)Â
Peddle, solicit or distribute merchandise, except between
the hours of 9:00 a.m. and 7:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a person previously.
(2)Â
Conduct himself/herself in such a manner as to become
objectionable to or annoy an occupant of any residence.
(3)Â
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 the private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being heard upon the streets, avenues,
parks or other public places of the village or upon the private premises thereof
for the purpose of attracting attention to any merchandise or services or
to bring attention to himself/herself.
(4)Â
Distribute, peddle or sell obscene merchandise or printed
material or that which advocates unlawful conduct.
(5)Â
Litter the streets, public beaches, places or properties
within the village with any merchandise or printed material.
C.Â
It shall be unlawful for any licensee or person described in § 85-6B(1) and (2) to ring the bell of, 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" or "no agents," in letters at least one (1) inch in height.
D.Â
Special licenses.
(1)Â
No licensee or person described in § 85-6B(1) shall conduct any of the activities regulated hereunder from any fixed point or place, but shall constantly be on the move except when stopped or hailed by a prospective purchaser or customer, provided that operations may be permitted, upon special application to and approval of the Village Board of Trustees, by a licensee at a fixed point or place during a fixed period of time assigned by the Board of Trustees at the time of granting of permission to the licensee in, upon or adjacent to any public bathing beach.
(2)Â
The fee for said special license shall be as set by resolution
of the Board of Trustees.
(3)Â
The number of licensees permitted to be present at any
public bathing beach at any one (1) time shall be two (2) licensees for every
two (2) acres of public bathing beach property.
A.Â
Any and all licenses which may be granted by the Village
Clerk pursuant to this chapter may, for cause, be suspended by the Mayor until
the next regular meeting of the Board. Thereafter, the license may be revoked
by the Board after notice and hearing for any of the following causes:
(1)Â
Fraud, misrepresentation or false statement contained
in the application for a license.
(2)Â
Fraud, misrepresentation or false statement made in the
course of carrying on the licensed business.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)Â
Conducting the licensed business 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.Â
Notice of the hearing for revocation of a license shall
be given in writing by mail to the licensee at his last known address at least
five (5) days prior to the date set for the hearing. The licensee shall be
given an opportunity to be heard. A continuation of operation following suspension
shall constitute, for each day of such continuance, a separate violation of
this chapter.
C.Â
The determination of the Village Board of Trustees shall
be issued in writing within twenty (20) days of the hearing.
Any person aggrieved by the action of the Village Clerk in the denial
of an application for a license shall have the right to appeal to the Village
Board of Trustees. Such appeal shall be taken by filing, within fourteen (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 Village Board of Trustees 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 (5) days prior to the date
set for the hearing. The applicant shall be granted an opportunity to be heard.
The determination of the Village Board of Trustees shall be issued in writing
within twenty (20) days of the date of the hearing.
Any person who shall act as a peddler, vendor or solicitor, as herein
defined, without a license or who shall violate any of the provisions of this
chapter or who shall continue to act as a peddler, vendor, hawker or solicitor
subsequent to the revocation of his license shall be guilty of an offense
and punishable by a fine of not more than two hundred fifty dollars ($250.)
or imprisonment for not more than fifteen (15) days, or both. Each day on
which such violation continues shall constitute a separate offense.