[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 11-4-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Handbills — See Ch. 100.
Licensing — See Ch. 108.
Secondhand dealers — See Ch. 146.
[1]
Editor's Note: This local law also superseded former Ch. 130,
Peddling and Soliciting, adopted 9-4-1991 by L.L. No. 1-1991, as amended.
II shall be unlawful for any person, organization, society,
association, company or corporation or their agents or representatives
(hereafter collectively referred to as "person") to hawk, vend, peddle,
canvass, proselytize or solicit orders for the purchase or sale of
goods, wares, merchandise or other commodities in the streets or public
places of the Village of Stewart Manor, and it shall be unlawful to
sell any article or service or to canvass by going from house to house
within the Village, without first having obtained and paid for, and
having in full force and effect, a license therefor.
II shall be unlawful for any person to solicit employment or
work or services to be performed in the streets or public places of
the Village or by going from house to house within the Village, without
first having obtained and paid for, and having in full force and effect,
a license therefor.
It shall be unlawful for any person to employ any trick or device
or, by any false or misleading statement or representation, obtain
or attempt to obtain admission to the house or garage of any person
or corporation in the Village of Stewart Manor or obtain or attempt
to obtain the consent or permission of the owner or occupant of any
premises, house or garage within the Village of Stewart Manor to enter
in or upon the same for the purpose of selling or offering for 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.
It shall be unlawful for any person to proselytize, canvass
or distribute handbills, pamphlets or other written material or to
solicit donations or contributions of money or property or financial
assistance of any kind upon the streets, upon private property, by
house-to-house canvass or in public places in the Village of Stewart
Manor without a license previously issued pursuant to this chapter.
A.
Applications for a license, as provided for in this chapter, shall
be in writing and addressed to the Clerk of the Village of Stewart
Manor and shall contain the following information:
(1)
The name, address and purpose of the cause for which the license
is sought.
(2)
Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
(3)
Time for which permission is sought and localities and places of
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)
The number and kind of vehicles to be used in carrying on the business
for which the license is desired.
(7)
The kinds of goods, wares, merchandise, and/or services being offered.
B.
Each application must be accompanied by a processing fee as set forth in the current Village Fee Schedule (see Chapter 83, Fees), payable to the Clerk, Village of Stewart Manor.
C.
Licensing officer to issue or deny. Within five business days of
the filing of the application, and payment of the required fee, the
licensing officer shall, upon his or her approval of such application,
issue to the applicant a license. A license may be refused if the
applicant shall have been convicted of a misdemeanor or felony which,
in the judgment of the licensing officer, renders the applicant unfit
or undesirable to carry on the trade or occupation for which the license
is sought.
D.
Upon written application, the Board of Trustees may waive, in whole or in part, any fee required by Subsection B herein when such application is made on behalf of or for the benefit of a tax-exempt, nonprofit organization or educational institution. In any instance where the Board of Trustees waives any such fee, in whole or in part, said waiver may be made subject to reasonable conditions imposed by the Board of Trustees.
E.
Appeal to Board of Trustees. Any applicant who has been refused a
license by the licensing officer may apply to the Board of Trustees
therefor, and the same may be granted or refused by the Board of Trustees
after a hearing thereon.
Any license approval granted pursuant to this chapter is subject
to the following restrictions:
A.
All activity must be conducted between the hours of 10:00 a.m. and
either 9:00 p.m. or 30 minutes after sunset, whichever is earlier,
Monday through Saturday. There shall be no activity of any kind on
Sundays.
B.
Any person, society, association, company or corporation licensed
under this chapter shall not have more than six individuals engaged
in the activity at any one time.
C.
The license shall be for such term as requested by the applicant
but shall expire not later than the 31st day of December of the year
in which the license is issued.
D.
A license shall not be assignable.
E.
It shall be unlawful for any licensee to ring the bell or 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," "No Agents," or other
wording, the purpose of which purports to prohibit peddling or soliciting
on the premises.
F.
No peddler or solicitor shall peddle, vend, or sell his or her goods
or wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall be or she permit
his or her cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
G.
It shall be unlawful to create or maintain any booth or stand or
place any barrels, boxes, crates or other obstructions upon any street
or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
H.
A peddler or solicitor must fairly represent or state the purpose
or otherwise indicate that he or she is intending to sell or otherwise
enter into a contract with any person in the household.
All persons and individuals soliciting donations or contributions
or proselytizing 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 soliciting,
his or her photograph and the person, organization, society, association,
company or corporation on whose behalf such solicitation is being
made. In addition, every licensee, while exercising his or her license,
shall carry the license with him or her and shall exhibit the same
upon demand.
All licenses which may be granted 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:
Any person violating any provision of this chapter shall be
liable for a fine not to exceed $500 for each offense or by imprisonment
not exceeding 15 days, or both.
