For the purpose of this chapter, certain words
are defined as follows:
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
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 of any goods, wares, merchandise or
provisions in possession of the seller, at any place within the Village
of Garden City other than from a fixed place of business.
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
Only a natural person or persons, whether a resident of the
Village of Garden City or not.
To go from house to house, street to street, place to place
or from store to store, to sell or take orders for goods, wares, merchandise
or provisions for future delivery, or for services to be performed
or for information to be obtained, or to distribute advertising matter,
at any place within the Village of Garden City other than from a fixed
place of business.
Any person, persons or company who solicits, as herein defined.
The work "canvasser" is considered a synonymous term.
It shall be unlawful for any person or company
to peddle or solicit, cause to peddle or solicit or attempt to peddle
or solicit upon the streets, in office or business buildings, by house-to-house
canvass or in public places in the Village of Garden City without
first obtaining a license therefor as hereinafter provided.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
wherein 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.
It shall be unlawful for any person or company
to distribute or peddle fraudulent, misleading, libelous, obscene
or commercial handbills, pamphlets, tracts, notices, advertising matter
or other like matter in the streets or by going from house to house.
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 cart, wagon or vehicle
to stand on any public highway within said distance of any such school
property.
No peddler or solicitor shall ply his wares,
services or solicit any business whatsoever at the scene of any accident
within the Village of Garden City.
It shall be unlawful for any peddler or solicitor
plying his trade to use any bells, chimes, records, horns or other
sound-producing devices for the purpose of attracting customers, except
as may be waived by the Mayor and endorsed upon the license. In no
instance, however, may such sound devices be used before the hour
of 9:00 a.m. or after the hour of 8:30 p.m. of any day.
Applications for licenses under this chapter
shall be made in the following manner:
A.
Application in writing shall be made to the Mayor
for the issuance of a license, which application shall state in detail:
(1)
A brief description of the nature of the business
and the kinds of goods or property to be peddled or solicited.
(2)
The particular locality in the Village within which
it is desired to carry on or engage in said peddling or soliciting.
(3)
The name of the person applying for such license,
specifying the residence of such person.
(4)
The principal place of business of any company employing
the applicant, and the name and address of the officer, in the case
of a corporation, upon whom process or other legal notice may be served
within the Village.
(5)
A statement as to whether or not the applicant has
ever been convicted of any crime, misdemeanor or violation of any
municipal ordinance, the nature of the offense and the penalty assessed
therefor.
(6)
Credentials from the person or company for which the
applicant proposes to do business, authorizing the applicant to act
as such representative.
(7)
Two photographs of the applicant taken not more than
60 days before or after the date of application, which pictures shall
be two by two (2 x 2) inches showing the head and shoulders of the
applicant in a clear and distinguishing manner.
(8)
If for a vehicle license, a description of the vehicle,
together with license number and the name and address of the registrant
of the vehicle.
B.
Upon receiving such application, the Mayor shall present
the same to the Board of Trustees at its next regular meeting and
the Board of Trustees shall thereupon investigate or cause an investigation
to be made of the character of the business or occupation for which
a license is sought, the location or locality in which it is desired
to carry on or engage in such business or occupation and the person
or company desiring such license, and if the Board shall, after such
investigation, be satisfied that the applicant is of good character
and that the issuance of a license would not be detrimental to the
best interests of the Village or the public, the Mayor or such Village
officer designated by him shall issue a license signed by the Mayor
or such designated officer.
C.
No license shall be deemed to be in effect, however,
nor to grant any rights to the licensee therein named until a license
fee has been paid to the Village Clerk in such amount as determined
from time to time by resolution of the Board of Trustees.
[Amended 3-7-1996 by L.L. No. 1-1996]
The provisions of § 155-8C above shall not apply to any person or company engaged in interstate commerce.
Any license, before its expiration or within
15 days thereafter, may be renewed by the Mayor of the Village for
a new term upon payment of a similar fee in the manner as is stated
in this article for procuring the original license.
The provisions of this article shall not apply
to the hawking or peddling of meat and fish, fruit or ordinary farm
produce without a license.
To each person licensed under this article,
the Village 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.
Every peddler or solicitor licensed under this
article 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 or badge issued under the provisions
of this article may be transferred from one person to another person,
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.
This article shall not apply to any solicitations
by duly organized religious corporations and religious agencies, educational
and public institutions, scouting, benevolent, fraternal, patriotic
and charitable organizations, nor to solicitations or distribution
of campaign literature by any political organizations.
[Added 6-6-2013 by L.L. No. 3-2013]
Any person or organization exempt from provisions of this article pursuant to § 155-15 shall, prior to any solicitation, notify the Village Clerk of his or its intention to solicit. Such organization shall submit to the Village Clerk a written statement giving the name of the organization, its address, the names of persons who will be soliciting, proof of its tax-exempt status, acknowledgment of adherence to § 155-17 of this chapter and proposed dates and times of such solicitation, which dates and times shall be subject to confirmation by the Village Clerk in accordance with the policy set from time to time by the Village Board. Upon the submittal of such statement, the Village Clerk shall issue, at no cost, a certificate of compliance with this chapter.
This article shall not apply to persons engaged
in the distribution of a newspaper published at stated intervals when
such newspaper contains news, editorials, opinion columns and regular
features and is subscribed to in advance of distribution by the recipient.
[Added 1-7-1982 by L.L. No. 1-1982]
It shall be unlawful for any person or company
to enter upon any private residential property in the Village of Garden
City for the purpose of peddling or soliciting without the consent
of the occupant of said premises previously given.
