[HISTORY: Adopted by the Board of Trustees
of the Village of Old Westbury 2-18-1992 by L.L. No. 3-1992;
amended in its entirety 8-19-2019 by L.L. No. 8-2019. Subsequent amendments noted where
applicable.]
Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation
or their agents or representatives, to canvass, solicit business,
take orders for goods or services or to distribute handbills, pamphlets
or other written material or solicit donations or contributions of
money or property or financial assistance of any kind upon the streets,
in the offices of business buildings, upon private property, by house-to-house
canvass or in public places in the Village of Old Westbury without
a license previously issued pursuant to this chapter.
Applications for a license, as provided for in this chapter,
shall be in writing and addressed to the Clerk of the Village of Old
Westbury and shall contain the following information:
A.
Name, address and purpose of the cause for which the license is sought.
B.
Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C.
Time for which permission is sought and localities and places of
activity.
D.
Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E.
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F.
The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the
person or persons who shall be conducting the solicitation or otherwise
peddling, soliciting or canvassing.
G.
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
H.
If a vehicle or vehicles are to be used in the solicitation, a description
of same, including year, make and model, together with a license plate
number, registration certification information and liability insurance
information or other satisfactory means of identification. Such information
shall be presented for inspection, upon demand, by any Old Westbury
Village Code Enforcement Officer or Old Westbury Village Police Officer.
I.
The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.
J.
Such other information as the Board of Trustees may require.
All applications must be accompanied by a $100 process fee payable
to the Clerk, Village of Old Westbury. Upon approval of the license,
a fee of $200 shall be paid to the Village of Old Westbury.
Upon receiving such application, the Clerk shall present the
same to the Board of Trustees at its next regular meeting, but not
later than 20 business days from the date upon which the application
is filed. The Board of Trustees shall approve the application of all
bona fide applicants who have complied with the above provisions.
The Board of Trustees may deny the application for any of the following
reasons:
A.
An investigation reveals that the applicant falsified information
on the application.
B.
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances
or any violent act against persons or property.
C.
The applicant is a person against whom a judgment or administrative
agency determination has been entered or a conviction obtained within
the five years immediately preceding the date of the application based
upon fraud, deceit or misrepresentation.
D.
The solicitation involves the sale of illegal substances or services.
E.
The applicant does not possess any applicable licenses required by
the United States, the State of New York, the County of Nassau or
the Towns of North Hempstead or Oyster Bay.
F.
A determination by the Village of Old Westbury Chief of Police that
the location and time of the activities described in the application
would endanger the safety and welfare of the applicant or potential
customers.
A.
Payment by the applicant of the license fee of $100.
B.
All activity must be conducted on weekdays and Saturdays only between
the hours of 9:00 a.m. and dusk (i.e., 30 minutes after sunset).
C.
Any organization, society, association, company or corporation licensed
under this chapter shall not have more than 10 individuals engaged
in the activity at any one time.
D.
The license shall be effective for no more than one calendar year
from the date of issuance, and all licenses shall terminate on December
31 in the year in which it was issued. There shall be no proration
of fees over the calendar year.
E.
The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees in writing that they do not desire solicitation.
Any person not desiring solicitation upon the person's
private property may advise the Board of Trustees by written notice
objecting to any or all solicitation or distributions. Such notice
shall include the name of the person filing; the address of the property
affected; the date of such filing; a statement specifically identifying
the organizations or institutions which the person filing objects
to permitting entrance onto his private residential property for the
purpose of solicitation or distribution; or that all such solicitation
or distribution is objected to.
All persons soliciting donations or contributions pursuant to
this chapter shall, at all times during such period, carry an identification
card issued by the organization, society, association, company or
corporation licensed to conduct the solicitation. Each identification
card shall be displayed on the outer garment and shall plainly show
the name of the person who is soliciting, his or her photograph and
the person, organization, society, association, company or corporation
on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees
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:
This chapter shall not apply to persons for whom exemption is
made by any special provision of law from any of the provisions of
this chapter, provided they are not engaged in commercial transactions
or the solicitation of funds, or to any person whose door-to-door
activities involve more than just a proposal for a commercial transaction.
This chapter also shall not apply to any duly organized religious
corporation, lodge, benevolent or fraternal order, or political organization;
nor to a local community group or organization such as the Boy Scouts,
Girl Scouts, or other such youth organization, or to any political
party or candidate. In the event such organizations or individuals
are involved in commercial transactions or the soliciting of funds,
special permission shall first be obtained from the Board of Trustees
for soliciting or canvassing.
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, garage, stable or other structure of any person or corporation
in the Village of Old Westbury or obtain or attempt to obtain the
consent or permission of the owner or occupant of any premises, house,
garage, stable or other structure within the Village of Old Westbury
to enter in or upon the same for the purpose of canvassing or selling
or offering for a sale or soliciting orders for the sale of any goods,
wares, merchandise or for the purpose of soliciting subscriptions
for any book, publication, paper, magazine or periodical or for the
purpose of seeking employment or for the purpose of soliciting orders
for work, labor or services to be performed within or without the
Village of Old Westbury.
Any organization, society, association, company, corporation
or individual who or which commits, takes part in or assists in any
violation of this chapter shall, for each and every violation, for
each and every day that such violation continues, be subjected to
a fine of not more than $1,000.
