[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 10-16-2019 by L.L. No. 4-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 111,
Peddling and Soliciting, adopted 4-20-1983 by L.L. 2-1983, as amended.
A.
It shall be unlawful for any person, organization, society, association,
company or corporation or their agents or representatives to hawk,
vend, peddle or solicit orders for the purchase or sale of goods,
wares, merchandise or other commodities, in the streets, office buildings
or in public places of the Village, without a license issued pursuant
to this chapter.
B.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle or solicit orders for the purchase or sale of goods, wares, merchandise or other commodities, or to solicit employment or work or to provide other household services, by going from house to house upon private property within the Village, without a license issued pursuant to this chapter, except such person, organization, society, association, company or corporation or their agents or representatives may not enter upon the premises of any Village resident who has noted objection to such entry by inclusion in the Village's No-Knock Registry or by posting a notice as provided in § 111-6.
C.
It shall be unlawful for any person, organization, society, association,
company or corporation or their agents or representatives to employ
any trick or device, or by any false or misleading statement or representation,
to obtain or attempt to obtain admission to the house or premises
of any person or business in the Village, or obtain or attempt to
obtain the consent or permission of the owner or occupant of such
house or premises, for the purpose of peddling or soliciting as may
otherwise be allowed pursuant to this chapter.
A.
Where such activities are permitted by this chapter, an application
to hawk, vend, peddle or solicit orders for the purchase or sale of
goods, wares, merchandise or other commodities, or to solicit employment
or work or to provide other household services, shall be in writing
and addressed to the Mayor and shall contain the following information:
(1)
Name and address of applicant and purpose for which the license is
sought.
(2)
If the applicant is a business corporation, sole proprietorship,
or other business entity, the applicant shall identify itself as such,
and if requested by the Village Clerk, provide documentary proof that
it is authorized to do business within the State of New York.
(3)
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
(4)
The dates and times when the hawking, vending, peddling or soliciting
of orders for the purchase or sale of goods or wares, merchandise
or other commodities, or the soliciting of employment or work or the
provision of other household services, will be conducted, and the
places of the activity.
(5)
Such other information as the Mayor or the Mayor's designee
may require.
B.
All applications must be accompanied by a processing fee of $250,
paid by certified check or money order payable to the Village Clerk.
C.
Upon receiving such application, the Mayor or the Mayor's designee
shall approve the application of all bona fide applicants who have
complied with the above provisions.
D.
The license granted to the applicant shall be subject to the following
conditions:
(1)
The license shall expire 90 days from the issue date, as set forth
on the license. Licenses may be renewed for additional ninety-day
periods upon application meeting the requirements of this chapter.
(2)
All activity must be conducted between the hours of 9:00 a.m. and
dusk (i.e., 30 minutes after sunset), Mondays through Fridays only,
except that in particular cases the Mayor or the Mayor's designee,
for reasonable grounds shown by the applicant, may permit such activities
on different days or at different times.
(3)
Any organization, society, association, company or corporation licensed
under this section shall not have more than three individuals engaged
in the activity within the Village at any one time, except that in
particular cases the Mayor or the Mayor's designee, for reasonable
grounds shown by the applicant, may permit such activities by more
than three individuals engaged in the activity at any one time.
(4)
All persons conducting any activity on behalf of any organization,
society, association, company or corporation licensed under this section
shall, at all times during such period, carry and prominently display
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the activity. Each identification
card shall plainly show the name of the person conducting the activity,
his or her photograph and the name of the person, organization, society,
association, company or corporation on whose behalf such activity
is being conducted.
(5)
No person conducting any activity on behalf of any organization, society, association, company or corporation shall enter upon the premises or property of any residents of the Village who have expressed a desire in writing not to be visited, canvassed, proselytized or solicited by such persons, organizations, societies, associations, companies or corporations and whose addresses have been provided pursuant to § 111-5 and § 111-6.
E.
Where a veteran or the widow or widower of a veteran lawfully possesses
a license from the Nassau County Clerk pursuant to General Business
Law § 32, such license shall be valid in the Village of
Kensington and the activities permitted by such license shall be lawful
activities within the Village.
A.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to solicit donations or contributions of money or property or financial assistance of any kind by house-to-house canvass without a license previously issued pursuant to this chapter, nor may any such person, organization, society, association, company or corporation or their agents or representatives enter upon the premises of any Village resident who has noted objection to such entry by inclusion in the Village's No-Knock Registry or by posting a notice as provided in § 111-6.
B.
Application for a license as provided for in this chapter shall be
in writing and addressed to the Mayor and shall contain the following
information:
(1)
Name and address of the applicant and purpose for which the license
is sought.
(2)
If the applicant is a business corporation, sole proprietorship,
or other business entity, the applicant shall identify as such, and
if requested by the Village Clerk, provide documentary proof that
it is authorized to do business within the State of New York.
(3)
The dates and times when the solicitations will be conducted and
the places of the activity.
(4)
Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
(5)
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
(6)
Such other information as the Mayor or the Mayor's designee
may require.
C.
Upon receiving such application, the Mayor or the Mayor's designee
shall approve the application of all bona fide applicants who have
complied with the above provisions.
D.
Any license approval granted by the Mayor or the Mayor's designee
shall be subject to the following conditions:
(1)
The license granted hereunder shall expire 90 days after the issue
date as set forth on the license. Licenses may be renewed for additional
ninety-day periods upon application meeting the requirements of this
chapter.
(2)
All activity must be conducted between the hours of 9:00 a.m. and
dusk (i.e., 30 minutes after sunset), Mondays through Fridays only,
except that in particular cases the Mayor or the Mayor's designee,
for reasonable grounds shown by the applicant, may permit such activities
on different days or at different times.
(3)
Any organization, society, association, company or corporation licensed
under this section shall not have more than three individuals engaged
in the activity within the Village at any one time, except that in
particular cases the Mayor or the Mayor's designee, for reasonable
grounds shown by the applicant, may permit such activities by more
than three individuals engaged in the activity at any one time.
(4)
All persons conducting any activity on behalf of any organization,
society, association, company or corporation licensed under this section
shall, at all times during such period, carry and prominently display
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the activity. Each identification
card shall plainly show the name of the person conducting the activity,
his or her photograph and the name of the person, organization, society,
association, company or corporation on whose behalf such activity
is being conducted.
(5)
No person conducting any activity on behalf of any organization, society, association, company or corporation shall enter upon the premises or property of any residents of the Village who have expressed a desire in writing not to be visited, canvassed, proselytized or solicited by such persons, organizations, societies, associations, companies or corporations and whose addresses have been provided pursuant to § 111-5 and § 111-6.
Any and all licenses which may be issued pursuant to any part
of this chapter may, for cause, be suspended by the Mayor and may
be revoked by the Board of Trustees, after notice and hearing, for
any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for the license.
B.
Violation of any of the restrictions imposed on the issuance of such
license, or based upon any activity so licensed in a manner that violates
the laws of the state of New York, the County of Nassau, the Town
of North Hempstead, or the Village of Kensington.
Upon the issuance of any license hereunder, any person, organization,
society, association, company or corporation shall be provided with
a copy of the list of village residents who are included in the Village's
No-Knock Registry and have expressed in writing a desire not to have
any such person, organization, society, association, company or corporation
or their agents or representatives enter upon their property. Every
organization, society, association, company or corporation licensed
under this chapter shall agree not to visit the premises so enumerated
in the list provided to it by the Village.
For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a No-Knock
Registry of properties within the Village where canvassing and soliciting
are prohibited. The No-Knock Registry shall be maintained by the Village
Clerk.
A.
The Village Clerk shall create a list of addresses of those premises
whose owners or occupants have notified the Village that canvassing
or soliciting are not permitted on their premises. The term "canvassing
and soliciting" shall include all uninvited activities on premises
listed on the No-Knock Registry, such as solicitations or offers for
the sale of goods or services, offers to purchase or to broker the
sale of real estate, requests for charitable contributions, requests
for petition signatures, and the distribution of books or literature
of any kind. Notification shall be by the completion of a form available
in the Village Clerk's office and on the Village website. These
premises shall remain on the registry unless the owner or occupants
notify the Village Clerk in writing that they wish to be removed from
the registry. The Village Clerk shall update this list as needed.
The inclusion of a premises on this registry shall be deemed a revocation
of any privilege or license to enter or attempt to enter the property.
B.
Owners or occupants who have requested to be listed on the Village
No-Knock Registry may obtain from the Clerk's office a notice
for display on the premises indicating that the premises are listed
on the Village No-Knock Registry and that canvassing and soliciting
on the premises is prohibited.
C.
The Village Clerk shall provide a copy of the current Village No-Knock
Registry to any applicant for a license pursuant to this chapter.
D.
Although the most current list of registrants on the Village No-Knock
Registry shall be provided by the Village Clerk, it is the sole responsibility
of the canvasser or solicitor to have the most up-to-date list prior
to engaging in any canvassing or soliciting.
E.
The Village shall post a copy of the No-Knock Registry application
on the Village website in order to further public awareness of the
No-Knock Registry.
Each person who violates any provision of this chapter shall,
for each violation, be subject to a fine of not more than $1,000 or
imprisonment for a period not to exceed six months, or both such fine
and imprisonment. This section does not preclude an owner or occupant
from filing any other appropriate complaint with local law enforcement,
including a complaint for trespass.
