[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 11-30-1981 by L.L. No. 4-1981 (Ch. 181 of
the 1981 Code). 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:
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.
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.
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."
Any individual, firm, partnership, corporation, organization,
club, association, or any principal or agent thereof.
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.
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 year from the date of commencement and who 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 Chapter 215, Licensing.
In addition to the information required in Chapter 215, Licensing, 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 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 inches by two inches.
E.
Two business references located in the County of Suffolk,
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 $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 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.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Village and displaying
his license.
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 periodicals with a paid circulation of at least 90%
of their total circulation, except when handed to a person or house
occupant.
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.
H.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
I.
Litter the streets, public places or properties within
the Village with any merchandise or printed material.
J.
Peddle, solicit or sell in the Incorporated Village
of Babylon 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.
A.
The fees to be paid for a license to engage in the occupation of peddler, solicitor, distributor or transient merchant shall be as provided in Chapter 215, Licensing.
B.
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be licensed separately, and each shall pay the appropriate fee.
The Board of Trustees may, by resolution, exempt
persons from the bond requirement, provided that 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.
A.
A violation of any provision of this article shall
be punishable by a fine of not more than $500 for the first offense,
not more than $750 for the second offense and not more than $1,000
for the third or any subsequent offense within one year. In addition,
punishment by imprisonment for not more than 30 days may be imposed
for any violation
[Amended 4-12-2016 by L.L. No. 6-2016]
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.
