[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 10-9-1984 by L.L. No. 8-1984. Amendments noted where
applicable.]
The attention of the Board of Trustees of the Village of Wesley
Hills has been directed to abuses and unscrupulous and disruptive
acts by persons engaging in door-to-door soliciting and selling of
goods, merchandise and wares; that residents of the Village may have
been subjected to exaggerated, unethical and spurious claims and representations
with respect to such goods, wares and merchandise; and that such conduct
by door-to-door solicitors has violated the peace, good order and
safety and general welfare of residents of the Village; and it is
the intent of the Board of Trustees of the Village of Wesley Hills,
by the enactment of this chapter, to minimize and prevent the foregoing
abuses and violations of the rights of the residents of the Village
and to protect them and the general welfare as hereafter more fully
provided.
[Amended 10-2-2019 by L.L. No. 2-2019]
It shall be unlawful for any person, firm, organization or other
entity subject to the provisions of this chapter to act or have any
person under his or its control represent him or it as a peddler,
hawker, solicitor, canvasser or sales agent, as defined herein, without
first having obtained and having in force and effect a license duly
issued as herein provided. Said license issued pursuant to this chapter
shall expire 30 consecutive days after the first day the license is
in effect.
A.
The following
terms, phrases and words and their derivations shall have the meanings
given herein, and, as required, the present tense shall include the
future, and words in the plural shall include the singular, and vice
versa. The word "shall" is always mandatory and not directory.
B.
ESTABLISHED PLACE OF BUSINESS
MERCHANDISING
PEDDLER and HAWKER
PERSON
SOLICITOR and CANVASSER
As used
in this chapter, the following terms shall have the meanings indicated:
A building or structure which is operated as a regularly
established place of business and from which a person transacts business
and deals in goods, wares or merchandise or performs services or solicits
orders for the same on a continuing and ongoing basis.
Selling, bartering or trading or offering to sell, barter
or trade any goods, wares, commodities or other merchandise, including
periodicals and books and supplying of services.
Any person, principal or agent who engages in door-to-door
merchandising of any goods, wares or commodities, including books,
periodicals or services, to homes or places of business, or in any
public place or street or from any premises not an established place
of business.
Any individual, firm, partnership, corporation, association
or other entity or organization and any principal or agent thereof.
Any person, principal or agent engaging in door-to-door solicitation,
at homes, businesses or in any public place or street or from any
premises not an established place of business, of orders for sale
of goods, wares, commodities or other merchandise, including books
or periodicals, or for the performance of future services, or for
the making, manufacturing or repairing of any article or thing whatsoever
for future delivery.
This chapter shall not apply to:
A.
Any sale conducted pursuant to statute or by order of any court.
B.
A wholesaler of articles to dealers or merchants engaged in selling
such articles.
C.
Merchants having an established place of business within the Village
and the employees of such merchants, and any person vending at the
express invitation of the customer or serving the latter on a regular
and established basis.
D.
Peddling of meats and agricultural produce by farmers and persons
who produce such commodities, provided they have otherwise complied
with any licensing and health and safety requirements of any other
competent governmental body or agency.
E.
Dealers in milk, baked goods, and heating oil, provided they have
otherwise complied with any licensing and health and safety requirements
of any other competent governmental body or agency.
F.
This chapter shall not apply to sale of daily newspapers nor be interpreted
as intending to, nor shall it be construed to, unlawfully interfere
with the conduct of interstate commerce, or the impairment of the
rights of free speech, press or publication, and shall be construed
as implementing and not as limiting the purposes and provisions of
the New York State Home Solicitation Sales Act.[1]
[1]
Editor's Note: See Personal Property Law § 425 et
seq.
Every applicant for a license hereunder shall submit a verified
written application to the Village Clerk supplying the following information:
A.
Name, permanent home address and local address, if any, of applicant.
C.
A detailed statement of the particular business, trade or occupation
for which the license is requested, and a description of the goods,
wares, merchandise or commodities offered for sale.
D.
The name and address of the person, firm or corporation, if any,
he represents; the names and addresses of all partners, if a partnership;
the names and addresses of the principal officers, if a corporation;
and the name and address of a person upon whom a legal process and
notice may be served.
E.
Prior arrests and the disposition thereof of the applicant and the
firm or corporation he represents, including the date and nature of
such arrest and location of the court where such record or disposition
is on file.
F.
The number and kind of motor vehicles to be used in carrying on the
business and the registration, license and insurance data for each
such vehicle and operators thereof.
G.
The length of time for which the license and privilege to do business
is desired, provided same is for a period no longer than 30 consecutive
days after the first day after the license is in effect.
[Amended 10-2-2019 by L.L. No. 2-2019]
H.
Two photographs two inches by two inches in size, taken within 60
days immediately prior to the date of filing of the application, showing
clearly the face and shoulders of the applicant.
I.
References as to the applicant's good character, such as at
least two residents of Rockland County, or municipalities in Rockland
or adjoining counties in which the applicant has conducted his business
or operations.
J.
If peddling or soliciting is to be conducted as a team, group or
other organized party under single leadership or direction, control
or sponsorship, the above required personal information shall also
be supplied as to such leader or person in charge and with respect
to each such other person, employee or agent so involved.
K.
If such applicant represents or is the agent for a principal, there
shall be appended to the application a letter or other evidence of
authorization or agency from the principal describing the nature and
scope of such applicant's authority and any restrictions, limitations
and conditions imposed on such applicant by the principal agency or
organization he represents. In addition, copies of each order form,
contract, or other form or document to be utilized by the applicant
in such sale or solicitation shall be attached to the application.
L.
Where the applicant is offering for sale goods, merchandise or commodities
required to be sold by weight, measure or count, as provided under
Article 16 of the Agriculture and Markets Law of the State of New
York, such application shall be accompanied by a certificate from
the Sealer of Weights and Measures having jurisdiction thereof, certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
M.
Any additional information required by the Village in the interest
of the health, safety and welfare of the residents of the Village,
including, but not limited to, denials of licenses or their revocation
by other municipalities prior to the present application.
A.
A fee in an amount set from time to time by resolution of the Board
of Trustees shall be paid by each person to be licensed hereunder,
and said fee, payable to the Village Clerk, shall be applied to the
cost of processing the license applications and otherwise enforcing
and effectuating the objectives of this chapter, without, however,
imposing an undue burden on the interstate business activities of
any applicant, and provided further that any applicant may apply to
the Village Clerk for an adjustment of such fee where the same appears
discriminatory, unreasonable or unduly burdensome in the circumstances,
as shown by affidavit and appropriate supporting evidence. The Village
Clerk shall, within a reasonable time after such request, determine
whether the fee fixed hereunder is discriminatory, unreasonable or
unduly burdens the applicant's interstate business activities
and shall fix as the license fee an amount that is fair and reasonable
in the circumstances and file her report thereon in the Clerk's
records. Any applicant aggrieved by a determination of the Village
Clerk shall be advised of his right to appeal such decision to the
Mayor, or his designated agent, whose determination shall be final.
[Amended 12-2-2014 by L.L. No. 5-2014]
B.
Notwithstanding anything in this chapter to the contrary, the following
persons, firms, corporations or organizations shall be exempt from
payment of the fees set forth hereinabove:
(1)
An honorably discharged member of the armed forces of the United
States, who is crippled as a result of injuries received while in
the military services and who has procured a license from the Rockland
County Clerk, as provided by General Business Law of the State of
New York.
(2)
Persons peddling, soliciting or vending or collecting for the benefit
of any bona fide fraternal, educational, religious or charitable organization;
provided, however, that such organization shall have otherwise been
certified or otherwise been duly qualified as required by law or by
any competent governmental body or agency.
A.
The Village Clark, with such assistance from the Police Department
as may be reasonably necessary, shall investigate all applications
and shall thereafter, within a reasonable time, issue or deny a license
to the applicant. All licenses shall expire on the first day of January
following their issuance, but such license may provide for an earlier
expiration date.
B.
If, after investigation of any application, the Village Clerk shall
deny same, she shall endorse on such application such disapproval
and the reason for same, and the Village Clerk shall forthwith notify
the applicant in writing of such denial and of his right of appeal
as herein set forth.
A licensed peddler or solicitor shall not:
A.
Resort to deceptive acts or practices, physical abuse, threats, intimidation
or harassment in the course of conducting his business, or offer for
sale any provision, food or merchandise that is unwholesome, unfit,
deleterious or harmful to the user or consumer thereof.
B.
Peddle at or solicit on private property which has displayed a sign
bearing the words "No Peddling or Soliciting" or words of like intent.
Nor shall any licensee remain on the premises after the owner or occupant
thereof shall have requested his departure therefrom.
C.
Keep the vehicles and receptacles used by him in an unclean and unsanitary
condition, nor the foodstuffs and edibles offered for sale uncovered
and unprotected from dirt, dust, insects, contamination or spoilage,
or as otherwise required by any competent municipal health authority.
D.
Stand or permit the vehicle used by him to stand in one place in
any public place or street for more than 10 minutes, or in front of
any premises for any time if the owner or occupant of the premises
objects. However, in no case shall the holder of any license issued
hereunder remain in any one fixed location and vend his goods, wares
and merchandise continuously for a period in excess of 30 minutes,
nor shall said licensee resume operations during the same business
day from a new location within 1/4 mile of said former site of operation.
E.
Sell any confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F.
Permit any vehicle used by him to stop or remain on any crosswalk.
G.
Create, erect 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.
Blow a horn, ring a bell or use any other noisy device to attract
public attention to his wares or shout or cry out his wares.
I.
Assign or transfer his license to any other person, and any transfer
to or use of such license by any other person shall be a violation
and shall automatically thereupon terminate such license.
J.
Fail to carry his license upon his person nor to exhibit the same
upon demand to any police, Village officer or agent or resident being
solicited or involved in a transaction with him.
K.
Obstruct any street, driveway or other public or private right-of-way.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit of money is paid to the solicitor, which copy shall
contain a notice of right of cancellation.[2]
A.
Licenses issued under the provisions of this chapter may be revoked
by the Village Clerk after written notice and a hearing for any violation
of this chapter.
B.
Notice of hearing for revocation of a license shall be given in writing
setting forth specifically the grounds of the complaint and the time
and place of hearing. Such notice shall be mailed to the licensee
at least 10 days prior to the date set for the hearing, except as
set forth below.
C.
In addition to the foregoing, the Village Clerk may forthwith temporarily
suspend any license issued pursuant to this chapter upon receiving
information giving reasonable cause to believe that any licensee hereunder
has either violated this chapter by an act involving moral turpitude,
physical abuse, threats, intimidation or harassment, or has been convicted
of any violation of this chapter or of any crime or offense endangering
the peace, safety, health or general welfare of the inhabitants of
the Village. Within 10 days after such suspension, the Village Clerk
shall conduct a hearing and issue her determination as to whether
the license shall be revoked or reinstated. If such hearing or determination
is not made within said ten-day period, the license shall be restored
automatically.
Any licensee aggrieved by any action or determination of the
Village Clerk may appeal to the Mayor of the Village, or any agent
or agency designated by him, within 14 days after notice of the action
or determination complained of has been mailed to him, by filing a
written statement setting forth fully the grounds for the appeal.
The Mayor or his agent shall set a time and place for a hearing on
such appeal, and notice of such hearing shall be mailed to the applicant's
last known address at least five days prior to the date set for the
hearing. The decision and order of the Mayor or his agent on such
appeal shall be final and conclusive.
The Village Clerk shall keep a record of all applications and
of all licenses granted hereunder, giving the number and date of each
license, the name and residence of the person licensed, the license
fee paid, and also the date of revocation of license, if any.
The Mayor, Deputy Mayor and Code Inspector of the Village of
Wesley Hills are hereby authorized and empowered to enforce this chapter
by the issuance of appearance tickets for any violation hereof.
Any person violating any of the provisions of this chapter shall
be subject to a fine of not more than $100 for each violation and/or
imprisonment for not more than 15 days, and each day of such violation
shall constitute a separate offense.
