[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 4-5-2011 by L.L. No. 1-2011;[1] amended in its entirety 10-3-2017 by L.L. No. 7-2017.[2] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 117.
Littering — See Ch. 135.
Noise — See Ch. 145.
Streets and sidewalks — See Ch. 170.
[1]
Editor's Note: This local law also repealed former Ch. 155,
Peddling and Soliciting, adopted 4-1-1968 as Ch. 21 of the 1968 Code,
as amended.
[2]
Editor's Note: This local law also provided: "To the extent
that any state or local laws fail to provide specific authority for
this local law or the procedures necessary for its adoption, or otherwise
appear to be in conflict with this local law or the procedures followed
for its adoption, then such laws are hereby superseded by this local
law pursuant to New York Municipal Home Rule Law and the common law."
A.
Persons exempt from registration need not apply for, nor obtain,
any other license, permit, or registration from the Village to engage
in door-to-door solicitation.
B.
Any business licensed by the Village under another Village Code provision
that uses employees, independent contractors, or agents for door-to-door
solicitation in an effort to provide any tangible or intangible benefit
to the business, shall be required to have such solicitors obtain
a certificate unless otherwise exempt from registration.
C.
Those responsible persons or entities associated with registered
solicitors need not apply for, nor obtain, any other license, permit,
or registration from the Village, provided they do not establish a
temporary or fixed place of business in the Village.
D.
Nothing herein is intended to interfere with or supplant any other
requirement of town, county, state or federal law regarding any license,
permit, or certificate that a registered solicitor is otherwise required
to have or maintain.
For the purposes of this chapter, the following definitions
shall apply:
Speech or conduct intended to inform, promote, or support
religious belief, political position, or charitable activities.
The Village Board of Trustees or designee of the Village
Board of Trustees responsible for receiving the information from the
Village and appellant regarding the denial or suspension of a certificate
and issuing a decision as required by this chapter.
The person or entity appealing the denial or suspension of
a certificate, either personally as an applicant or registered solicitor,
or on behalf of the applicant or registered solicitor.
An individual who is at least 18 years of age and not a corporation,
partnership, limited-liability company, or other lawful entity who
applies for a certificate permitting door-to-door solicitation.
A standardized form provided by the Village to an applicant
to be completed and submitted as part of registration.
An original or copy, dated no older than 180 days prior to
the date of the application, of either:
A commercial enterprise licensed by the Village as a person
or entity under this chapter.
A temporary, annual, or renewal certificate permitting door-to-door
solicitation in the Village applied for or issued pursuant to the
terms of this chapter.
Advocating by persons or entities that either are, or support,
a charitable organization.
Includes any person, joint venture, partnership, limited
liability company, corporation, association, group, or other entity:
That is:
A benevolent, educational, voluntary health, philanthropic,
humane, patriotic, religious or eleemosynary, social welfare or advocacy,
public health, environmental or conservation, or civic organization;
For the benefit of a public safety, law enforcement, or firefighter
fraternal association; or
Established for any charitable purpose; or
That is tax exempt under applicable provisions of the Internal
Revenue Code of 1986, as amended, and qualified to solicit and receive
tax deductible contributions from the public for charitable purposes.
"Charitable organization" includes a chapter, branch, area,
or office, or similar affiliate or any person soliciting contributions
within the state for a charitable organization that has its principal
place of business outside the Village or State of New York.
A person claiming or appearing to be at least 18 years of
age and of sufficiently sound mind and body to be able to engage in
rational thought, conversation, and conduct.
A fully completed application form, a BCI, two copies of
the original identification relied on by the applicant to establish
proof of identity, and the payment of fees.
The final entry of a conviction, whether by a plea of no
contest, guilty, entry of a judicial or jury finding of guilt, which
has not been set aside on appeal or pursuant to a writ of habeas corpus.
The criminal conviction is that offense of which the applicant or
registered solicitor was convicted, without regard to the reduced
status of the charge after completion of conditions of probation or
parole, and charges dismissed under a plea in abeyance or diversion
agreement.
Anything specifically defined in this chapter as requiring
the denial or suspension of a certificate, and any of the following:
The applicant or registered solicitor has been criminally convicted
of a felony within the last 10 years;
The applicant or registered solicitor has been incarcerated
in a Federal or State prison within the past five years;
A final civil judgment has been entered against the applicant
or registered solicitor within the last five years indicating that:
The applicant or registered solicitor had either engaged in
fraud or intentional misrepresentation;
That a debt of the applicant or registered solicitor was nondischargeable
in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4),
(a)(6) or (a)(19);
The applicant or registered solicitor is currently on parole
or probation to any court, penal institution, or governmental entity,
including being under house arrest or subject to a tracking device;
The applicant or registered solicitor has an outstanding arrest
warrant from any jurisdiction; or
The applicant or registered solicitor is currently subject to
a protective order based on physical or sexual abuse issued by a court
of competent jurisdiction.
The practice of engaging in or attempting to engage in conversation
with any person at a residence, whether or not that person is a competent
individual, while making or seeking to make or facilitate a home solicitation
sale, or attempting to further the sale of goods and or services.
Includes a corporation, partnership, limited liability company,
or other lawful entity, organization, society or association.
The cost charged to the applicant or registered solicitor
for the issuance of a certificate, which shall not exceed the reasonable
costs of processing the application and issuing the certificate.
A civil judgment that would be recognized under New York
State law as a judgment to which collateral estoppel would apply.
One or more tangible items, wares, objects of merchandise,
perishables of any kind, subscriptions, or manufactured products offered,
provided, or sold.
To make or attempt to make a sale of goods or services by
a solicitor at a residence by means of door-to-door solicitation,
regardless of:
The Village employee or designee responsible for receiving
from an applicant or registered solicitor the completed application
and either granting, suspending, or denying the applicant's certificate.
A reasonably visible and legible sign that states "No Soliciting,"
"No Solicitors," "No Salespersons," or "No Trespassing," or words
of similar import.
Any actually held belief or information for, against, or
in conjunction with any political, social, environmental, or humanitarian
belief or practice.
Any person who has been issued a current certificate by the
Village.
The process used by the Village licensing officer to accept
a completed application and determine whether or not a certificate
will be denied, granted, or suspended.
Any sincerely held belief or information for, against, or
in conjunction with, any theistic, agnostic, or atheistic assumption,
presumption or position, or religious doctrine, dogma, or practice,
regardless of whether or not the belief or information is endorsed
by any other person or public or private entity.
Any living unit contained within any building or structure
that is occupied by any person as a dwelling consistent with the zoning
laws of the Village, together with the lot or other real property
on which the living unit is located. This does not include the sidewalk,
public street or public rights-of-way.
That person or entity associated with an applicant or solicitor,
or on whose behalf or benefit the applicant or solicitor is acting,
that is responsible to provide the following to an applicant or solicitor,
and the competent individual in a residence to whom a sale of goods
or services is made or attempted to be made by means of a home solicitation
sale:
Maintaining a state sales tax number, a special events sales
tax number, computing the sales taxes owing from any sale of goods
or services, paying the sales taxes, and filing any required returns
or reports;
Facilitating and responding to requests from consumers who desire
to cancel the sale pursuant to applicable contractual rights or law;
or
Refunding any monies paid or reversing credit card charges to
those persons who timely rescind any sale pursuant to applicable contractual
rights or law.
The conduct and agreement of a solicitor and the competent
individual in a residence regarding a particular good(s) or service(s),
including those that entitles the consumer to rescind the same within
three days under any applicable federal, state, or local law.
Those intangible goods or personal benefits offered, provided,
or sold to a competent individual of a residence.
Any of the following activities:
Seeking to obtain sales or orders for the exchange of goods,
wares, merchandise or perishables of any kind, for any kind of remuneration
or consideration, regardless of whether advance payment is sought;
Seeking to obtain prospective customers to apply for or to purchase
insurance, subscriptions to publications, or publications;
Seeking to obtain contributions of money or any other thing
of value for the benefit of any person or entity;
Seeking to obtain orders or prospective customers for goods
or services;
Other activities falling within the commonly accepted definition
of soliciting, such as canvassing, hawking, or peddling.
Notwithstanding any provision of this chapter to the contrary,
the act of delivery of mail or other products by the United States
Postal Service.
A person(s) engaged in door-to-door solicitation, including
a registered solicitor.
The information for an appeal of a denial or suspension of
a certificate, submitted in any type of written statement to the Village
offices by certified, registered, priority, overnight or delivery
confirmation mail, facsimile, or hand delivery.
An oral, written, or electronic report:
That is submitted to and documented by the Village;
By any of the following:
A competent individual who is willing to provide law enforcement
or other Village employees with publicly available identification
of their name, address, and any other reliable means of contact;
Village law enforcement or licensing officer; or
Any other regularly established law enforcement agency at any
level of government;
That provides any of the following information regarding a solicitor:
Documented verification of a previously undisclosed disqualifying
status of a solicitor;
Probable cause that the solicitor has committed a disqualifying
status which has not yet been determined to be a disqualifying status;
Documented, eyewitness accounts that the solicitor has engaged
in repeated patterns of behavior that demonstrates failure by the
solicitor to adhere to the requirements of this chapter; or
Reasonable cause that continued licensing of a registered solicitor
creates exigent circumstances that threaten the peace, health, safety,
or general welfare of any individuals or entities within the Village.
The written form provided to the applicant by the Village
wherein the applicant agrees that the Village may obtain a name/date
of birth BCI background check on the applicant for licensing purposes
under this chapter, and which contains applicant's notarized signature.
A.
The following are exempt from registration under this chapter, except as provided in § 155-16:
(1)
Persons specifically invited to a residence by a competent individual
prior to the time of the person's arrival at the residence.
(2)
Persons soliciting in good faith for the benefit of any bona fide
fraternal, educational, religious, or charitable organization who
shall have otherwise been certified or otherwise been duly qualified
as required by law or by any governmental body or agency having jurisdiction
over such conduct.
(3)
Persons delivering goods to a residence pursuant to a previously
made order, or persons providing services at a residence pursuant
to a previously made request by a competent individual.
(4)
Persons advocating or disseminating information for, against, or
in conjunction with, any religious belief or political position regardless
of whether goods, services, or any other consideration is offered
or given, with or without any form of commitment, contribution, donation,
pledge, or purchase.
(5)
Persons representing a charitable organization. The charitable exemption
shall apply to students soliciting contributions to finance extracurricular
social, athletic, artistic, scientific or cultural programs; provided,
that the solicitation has been approved in writing by the school administration,
and that such student solicitors carry current picture student identification
from the educational institution for which they are soliciting.
(6)
Any veteran of the Armed Forces of the United States holding a peddlers
license provided for in Article 4 of the General Business Law.
(7)
Farmers and truck gardeners or their employees who sell or deliver
products grown or raised on their own farms and gardens.
B.
All persons and organizations soliciting funds solely for the charitable
or other purposes who are exempted from the license requirements under
this chapter shall in any event maintain and keep records identifying
all persons soliciting funds within the Village, regardless of their
exemption, and such records shall contain at least the name and the
address of the person soliciting, the areas solicited and the date
or dates of solicitation. Said records shall be made available for
inspection by the Chief of Police upon request.
A.
Unless otherwise authorized, permitted, or exempted pursuant to the
terms and provisions of this chapter, the practice of being in and
upon a private residence within the Village by solicitors, for the
purpose of home solicitation sales or to provide goods or services,
is prohibited and is punishable as set forth in this chapter.
B.
Additionally, no person, including but not limited to a registered
solicitor, shall engage in the following acts within the Village:
(1)
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
(2)
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion or religious sect, or national origin in the area has
resulted in or may result in:
(a)
The lowering of real property values.
(b)
A change in the racial, religious, or ethnic composition of
the block, neighborhood, or area in which the real property is located.
(c)
An increase in criminal or antisocial behavior in the area.
(d)
A decline in the quality of the schools serving the area.
(3)
Make any representation or misrepresentation concerning the listing
or sale, or the anticipated listing or sale, of any real property
in any residentially zoned areas for the purpose of inducing or attempting
to induce the sale or listing for sale of other real property in such
area.
(4)
Make any representation to any prospective purchaser or seller that
any block, neighborhood or area has, will or might undergo an adverse
change with respect to the religious, racial, or ethnic composition
of the block, neighborhood or area for the purpose of encouraging
the sale or discouraging the purchase of real property in a particular
area.
(5)
Place, canvass, distribute, or otherwise deliver any letter, sign,
note, pamphlet, advertisement, flyer, leaflet, placard, or other written
material, to or upon a private residence purporting an offer for sale
or purchase for any real property that is not in fact then offered
for sale by the owner of said real property.
(6)
Advertise for sale or rental of real property which is nonexistent
or which is not actually for sale or rental.
(7)
Engage in, hire, or conspire with others, to commit acts or activities
of any nature, the purpose of which is to encourage or discourage
the sale or purchase of real property related to religious, racial,
or ethnic composition of the block, neighborhood or area.
(8)
Solicit or canvass any person whose name and property address is
included on the list maintained by the Village Clerk of persons requesting
that they not be canvassed or solicited.
(9)
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
(10)
To aid, abet, incite, compel or coerce any person to engage
in any of the practices forbidden by this chapter or to obstruct or
prevent any person from complying with the provisions of this chapter.
(11)
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
(12)
Solicit or attempt to solicit the sale or rental or the listing
for sale or rental of real property without furnishing in written
form to the owner or occupier of such real property the name of the
person or organization soliciting such sale, rental or listing.
[Amended 12-19-2019 by L.L. No. 15-2019]
Unless otherwise exempt under this chapter, all persons, including
each person within an entity, desiring to engage in door-to-door solicitation
within the Village, prior to doing so, shall submit a completed application
to the licensing officer requesting a certificate.
The licensing officer shall provide a standard application form
for use for the registration of solicitors. Upon request to the licensing
officer, or as otherwise provided, any person or entity may obtain
in person, by mail, or facsimile, a copy of this application form.
Each application form shall require disclosure and reporting by the
applicant of the following information, documentation, and fee:
A.
Review of written disclosures. An affirmation that the applicant
has received and reviewed the disclosure information required by this
chapter.
B.
Contact information.
(1)
Applicant's true, correct and legal name, including any former names
or aliases used during the last 10 years;
(2)
Applicant's telephone number, home address and mailing address, if
different;
(3)
If different from the applicant, the name, address, and telephone
number of the responsible person or entity (including identification
of the members of any limited liability company, majority shareholder
of any corporation, all general partners of a partnership, and the
owner of any sole proprietorship); and
(4)
The address by which all notices to the applicant required under
this chapter are to be sent.
C.
Proof of identity. An in-person verification by the licensing officer
of the applicant's true identity by use of any of the following which
bear a photograph of said applicant:
(1)
A valid driver's license issued by any state;
(2)
A valid passport issued by the United States;
(3)
A valid identification card issued by any state; or
(4)
A valid identification issued by a branch of the United States military.
Upon verification of identity, the original identification submitted
to establish proof of identity shall be returned to the applicant.
D.
Proof of registration. The applicant shall provide proof that either
the applicant, or the responsible person or entity, has registered
with all required regulatory authorities;
E.
Sales tax number. The applicant shall provide a sales tax number
for either the applicant, or for the responsible person or entity
for which the applicant will be soliciting;
F.
Marketing information.
(1)
The goods or services offered by the applicant, including any commonly
known, registered or trademarked names;
H.
Responses to questions regarding "disqualifying status." The applicant
shall be required to affirm or deny each of the following statements
on the application form:
(3)
Has the applicant been criminally convicted of a felony within the
last 10 years;
(4)
Has the applicant been incarcerated in a federal or state prison
within the past five years;
(5)
Has the applicant been criminally convicted of a misdemeanor within
the past five years involving a crime of moral turpitude or violent
or aggravated conduct involving persons or property;
(6)
Has a final civil judgment been entered against the applicant within
the last five years indicating that:
(7)
Is the applicant currently on parole or probation to any court, penal
institution, or governmental entity, including being under house arrest
or subject to a tracking device;
(8)
Does the applicant have an outstanding arrest warrant from any jurisdiction;
or
(9)
Is the applicant currently subject to a protective order based on
physical or sexual abuse issued by a court of competent jurisdiction.
I.
Fee. The applicant shall pay such fees as determined by the Village
by way of a resolution, which shall not exceed the reasonable cost
of processing the application and issuing the certificate and/or identification
badge.
J.
Execution of application. The applicant shall execute the application
form, stating upon oath or affirmation, under penalty of perjury,
that based on the present knowledge and belief of the applicant, the
information provided is complete, truthful and accurate.
The application form shall be accompanied by written disclosures
notifying the applicant of the following:
A.
The applicant's submission of the application authorizes the Village
to verify information submitted with the completed application, including
but not limited to:
B.
By submission of the application, the applicant thereby consents
that the Village, including its police department, may consult any
available sources for information on the applicant, including but
not limited to databases for any outstanding warrants, protective
orders, or civil judgments;
C.
Establishing proof of identity is required before registration is
allowed;
D.
Identification of the fee amount that must be submitted by applicant
with a completed application;
E.
The applicant must submit a BCI background check with a completed
application;
F.
To the extent permitted by New York State and/or federal law, the
applicant's BCI background check shall remain a confidential, protected,
private record not available for public inspection;
G.
The Village will maintain copies of the applicant's application form,
proof of identity, and identification badge. These copies will become
public records available for inspection on demand at the Village offices
whether or not a certificate is denied, granted, or renewed;
H.
The Village will maintain the information and criteria for disqualifying
status, denial, or suspension of a certificate under the provisions
of this chapter, the public disclosure for which will be subject to
New York State Freedom of Information Law;[1]
[1]
Editor's Note: See Art. 6 of Public Officers Law, § 84
et seq.
I.
That a request for a temporary certificate will be granted or denied
within five days of a completed application being submitted.
The licensing officer shall not begin the registration process
unless the applicant has submitted a completed application. The original
identification submitted to establish proof of identity shall be returned
after the licensing officer verifies the applicant's identity. A copy
of the identification may be retained by the licensing officer.
The licensing officer shall review the completed application
submitted by the applicant and issue a certificate in accordance with
the following:
A.
Temporary certificate.
(1)
A temporary certificate shall be issued allowing the applicant to
immediately begin door-to-door solicitation upon the following conditions:
(a)
Applicant's submission of a completed application;
(b)
Applicant's submission of the required fee;
(c)
Applicant establishes proof of identity;
(d)
The applicant's representations on the application form do not
affirmatively show a disqualifying status;
(e)
The BCI does not affirmatively show a disqualifying status;
and
(f)
The applicant has not previously been denied a certificate by
the Village or had a certificate revoked for grounds that still constitute
a disqualifying status under this chapter.
(2)
A temporary certificate will automatically expire after 25 calendar
days from issuance, or upon grant or denial of an annual certificate,
whichever period is shorter.
B.
Annual certificate. Within 25 calendar days of the issuance of a
temporary certificate, the Village shall:
(1)
Take any and all actions it deems appropriate to verify the truthfulness
and completeness of the information submitted by the applicant, including
but not limited to those disclosed with the application form.
(2)
Issue written notice to the applicant and the responsible person
or entity, if any, that the applicant either:
C.
Renewal certificate. An annual certificate shall be valid for one year from the date of issuance of the temporary certificate and shall expire at midnight on the anniversary date of issuance. Any annual certificate that is not suspended, revoked, or expired may be renewed upon the request of the registered solicitor and the submission of a new completed application and payment of the fee, unless any of the conditions for the denial, suspension or revocation of a certificate are present as set forth in § 155-13 or a disqualifying status is present.
A.
Certificate form. Should the licensing officer determine that the
applicant is entitled to a certificate, the licensing officer shall
issue a certificate to the applicant. The certificate shall list the
name of the registered solicitor and the responsible person or entity,
if any, and the date on which the certificate expires. The certificate
shall be dated and signed by the license officer. The certificate
shall be carried by the registered solicitor at all times while soliciting
in the Village.
B.
Identification badge. With both the temporary and annual certificates,
the Village shall issue each registered solicitor an identification
badge that shall be worn prominently on his or her person while soliciting
in the Village. The identification badge shall bear the name of the
Village and shall contain:
(1)
The name of the registered solicitor, and the name of the responsible
person or entity, if any;
(2)
Address and phone number of the registered solicitor, or the address
and phone number of the responsible person or entity;
(3)
A recent photograph of the registered solicitor; and
(4)
The date on which the certificate expires.
The licensing officer shall maintain and make available for
public inspection a copy or record of every completed application
received and the certificate or written denial issued by the Village.
The applicant's BCI background check shall remain a confidential,
protected, private record not available for public inspection. The
licensing officer may furnish to the head of the Village's law enforcement
agency a listing of all applicants, those denied, and those issued
a certificate.
Certificates shall be issued only in the name of the applicant
and shall list the responsible party or entity, if any. The certificate
shall be nontransferable. A registered solicitor desiring to facilitate
or attempt to facilitate home solicitation sales with different: (a)
goods or services; or (b) responsible person or entity, from those
designated in the originally submitted completed application, shall
submit a written change request to the licensing officer. A new certificate
based on the amended information shall issue for the balance of time
remaining on the solicitor's previous certificate before the amendment
was filed. Before the new certificate is given to the registered solicitor,
the registered solicitor shall obtain a revised identification badge
from the Village, after payment of the fee for the identification
badge.
A.
Denial. Upon review, the licensing officer shall refuse to issue
a certificate to an applicant for any of the following reasons:
(1)
Denial of temporary certificate.
(a)
The application form is not complete;
(b)
The applicant fails to:
[1]
Establish proof of identity, provide a BCI, orpay the fees;
[2]
The completed application or BCI indicates that the applicant
has a disqualifying status; or
[3]
The applicant has previously been denied a certificate by the
Village, or has had a certificate revoked for grounds that still constitute
a disqualifying status under this chapter.
(2)
Denial of annual certificate.
(a)
The information submitted by the applicant at the time of the
granting of the temporary certificate is found to be incomplete or
incorrect;
(b)
Since the submission of the completed application, the applicant
is subject to a previously undisclosed or unknown disqualifying status;
(c)
Failure to pay all fees;
(d)
Since the submission of the application, the Village has received
a substantiated report regarding the past or present conduct of the
applicant;
(e)
Since the submission of the application, the Village or other
governmental entity has either criminally convicted or obtained a
civil injunction against the applicant for violating this chapter
or similar federal, state, or municipal laws in a manner rising to
the level of a disqualifying status; or
(f)
Since the submission of the application, a final civil judgment
has been entered against the applicant indicating that:
(3)
Denial of annual certificate renewal.
(a)
The information submitted by the applicant when seeking renewal
of a certificate is found to be incomplete or incorrect;
(b)
Since the submission of the renewal application, the applicant
is subject to a previously undisclosed or unknown disqualifying status;
(c)
Failure to pay all fees;
(d)
Since the submission of the application or granting of a certificate,
the Village has received a substantiated report regarding the past
or present conduct of the solicitor;
(e)
The Village or other governmental entity has either criminally
convicted or obtained a civil injunction against the applicant for
violating this chapter or similar federal, state, or municipal laws
in a manner rising to the level of a disqualifying status; or
(f)
Since the submission of the application, a final civil judgment
has been entered against the applicant indicating that:
B.
Suspension or revocation. The Village shall either suspend or revoke
a certificate when any of the reasons warranting the denial of a certificate
occurs and/or for any violation of this chapter.
C.
Notice of denial or suspension. Upon determination of the licensing officer to deny an applicant's completed application or to suspend a registered solicitor's certificate, the Village shall cause written notice to be sent to the applicant or registered solicitor by the method indicated in the completed application. The notice shall specify the grounds for the denial or suspension, the documentation or information the Village relied on to make the decision, the availability of the documentation for review by applicant upon three business day's notice to the Village, and the date upon which the denial or suspension of the certificate shall take effect. It shall further state that the applicant or registered solicitor shall have 10 business days from the receipt of the notice of denial or suspension to appeal the same. The denial or suspension of the certificate shall be effective no sooner than three calendar days from the date the notice is sent, unless that suspension is because of circumstances outlined in the definition of "substantiated report" in § 155-2, in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to timely appeal the suspension of a certificate automatically results in its revocation.
An applicant or registered solicitor whose certificate has been
denied or suspended shall have the right to appeal to the Village
Board of Trustees or its designee. Any appeal must be submitted by
either the applicant, the responsible person or entity, or legal counsel
for either who: (a) documents the relationship with the applicant
or responsible person or entity; or (b) is licensed or authorized
by the State of New York to do so, and makes the assertion of an agency
relationship. The following procedures and requirements shall apply:
A.
Any appeal must be submitted in writing to the Village Clerk with
a copy to the license officer within 10 business days of the date
of the decision from which the appeal is taken. Such appeal shall
describe in detail the nature of the appeal, the action complained
of and the grounds for appeal.
B.
Upon request of the applicant or registered solicitor, within two
business days, the Village will make available any information upon
which it relied in making the determination to either deny or suspend
the certificate.
C.
The appeals officer shall review, de novo, all written information
submitted by the applicant or registered solicitor to the licensing
officer, any additional information relied upon by the licensing officer
as the basis for denial, suspension or revocation, and any additional
information supplied by the Village, applicant or registered solicitor.
Any additional information submitted by any party to the appeal to
the appeals officer shall be simultaneously submitted to the opposing
party. If desired, any party shall have three business days to submit
rebuttal documentation to the appeals officer regarding the additional
information submitted by the opposing party.
D.
The appeals officer will render a decision no later than 15 calendar days from the date all of the information noted in Subsections A, B and C is received.
(1)
The denial or suspension of the certificate shall be reversed by
the appeals officer if, upon review of the written appeal and information
submitted, the appeals officer finds that the licensing officer made
a material mistake of law or fact in denying or suspending the applicant
or registered solicitor's certificate.
(2)
If the written appeal and information submitted indicates that the
licensing officer properly denied or suspended the certificate of
the applicant or registered solicitor, the denial or suspension of
the certificate shall be affirmed and constitute a determination that
any suspended certificate is revoked.
(3)
The decision of the appeals officer shall be delivered to the applicant
or registered solicitor by the means designated in the completed application,
or as otherwise agreed upon when the appeal was filed.
E.
After the ruling of the appeals officer, the applicant or solicitor
is deemed to have exhausted all administrative remedies with the Village.
F.
Nothing herein shall impede or interfere with the applicant's, solicitor's,
or Village's right to seek relief from the determination of the appeals
officer in a court of competent jurisdiction.
A.
No solicitor shall intentionally make any materially false, fraudulent,
or otherwise misleading statement in the course of soliciting.
B.
A solicitor shall immediately disclose to the consumer during any
face-to-face solicitation: (1) the name of the solicitor; (2) the
name and address of the entity with whom the solicitor is associated;
and (3) the purpose of the solicitor's contact with the person and/or
competent individual. This requirement may be satisfied through the
use of the badge and an informational flyer.
C.
No solicitor shall use a fictitious name, an alias, or any name other
than his or her true and correct name.
D.
No solicitor shall represent directly or by implication that the
granting of a certificate of registration implies any endorsement
by the Village of the solicitor's goods or services or of the individual
solicitor.
A.
Any occupant of a residence may give notice of a desire to refuse
solicitors by displaying a "No Solicitation" sign, which shall be
posted on or near the property line adjacent to the sidewalk or other
entrance area leading upon or to the residence.
B.
The display of such sign or placard shall be deemed to constitute
notice to any solicitor that the inhabitant of the residence does
not desire to receive and/or does not invite solicitors.
C.
It shall be the responsibility of the solicitor to check each residence
for the presence of any such notice before entering the property of
such residence.
D.
The provisions of this section and § 155-20 shall apply also to solicitors who are exempt or otherwise excluded from registration pursuant to the provisions of this chapter.
E.
In addition and/or alternatively, any person who owns, rents, and/or
otherwise occupies a residence and/or business in the Village who
does not wish to have anyone enter upon and/or call upon the residence
or business to solicit may inform the Village Clerk's Office of the
same in writing and the Village Clerk's Office shall maintain and
make available for public inspection a list of the addresses of those
persons that do not want anyone to enter upon and/or call upon their
residence and/or place of business. A list of addresses of those persons
not wanting solicitors to enter upon and/or call upon their residence
and/or place of business shall be given to each person who files an
application for a solicitation license in the Village.
A.
Every person soliciting or advocating shall check each residence
for any "No Soliciting" sign or placard or any other notice or sign
notifying a solicitor not to solicit on the premises, such as, but
not limited to, "No Solicitation" signs. If such sign or placard is
posted, such solicitor shall desist from any efforts to solicit at
the residence or dwelling and shall immediately depart from such property.
Possession of a certificate of registration does not in any way relieve
any solicitor of this duty;
B.
It is a violation of this chapter for any person soliciting or advocating
to knock on the door, ring the doorbell, or in any other manner attempt
to attract the attention of an occupant of a residence that bears
a "No Solicitation" sign or similar sign or placard for the purpose
of engaging in or attempting to engage in advocating, a home solicitation
sale, door-to-door soliciting, or soliciting;
C.
It is a violation of this chapter for any solicitor, through ruse,
deception, or fraudulent concealment of a purpose, to solicit to take
action calculated to secure an audience with an occupant at a residence;
D.
Any solicitor who is at any time asked by an occupant of a residence
or dwelling to leave shall immediately and peacefully depart, and
shall not attempt to persuade the occupant otherwise;
E.
The solicitor shall not intentionally or recklessly make any physical
contact with or touch another person without the person's consent;
F.
The solicitor shall not follow a person into a residence without
their explicit consent;
G.
The solicitor shall not continue repeated soliciting after a person
and/or competent individual has communicated clearly and unequivocally
their lack of interest in the subject, goods or services of the solicitor;
and
H.
The solicitor shall not use obscene or lewd language or gestures.
It shall be unlawful for any person, whether licensed or not,
to solicit at a residence before 9:00 a.m. or after 6:00 p.m., unless
the solicitor has express prior written permission from the resident
to do so.
In any home solicitation sale, unless the buyer requests the
solicitor in writing to provide goods or services without delay and
specifically waives the buyer's right to cancel, the seller or solicitor
shall present to the buyer and obtain buyer's signature to a written
statement which informs the buyer of the right to cancel within the
10th business day after signing an agreement to purchase. Such notice
of "Buyer's right to cancel" shall be in the form required by the
Village.
Any person who violates any term or provision of this chapter
shall be guilty of a misdemeanor and shall be punished by a fine of
not to exceed $1,000 and/or a jail sentence of not to exceed six months.
A.
The Police Department of the Village of Monroe and/or the enforcement
official as may be designated, is charged with enforcing the provisions
of this chapter and shall have the power, right and authority to issue
an appearance ticket, as the same is defined in Article 150 of the
Criminal Procedure Law of the State of New York, for the violation
of any section of this chapter.
B.
Any persons claiming to be aggrieved by an alleged unlawful practice
forbidden by this chapter may, by himself or by his attorney at law,
make, sign and file a complaint directly with the Police Department,
or with the Village Clerk, who shall forward the complaint to the
Police Department for investigation.
[Added 12-19-2019 by L.L. No. 15-2019]
A.
Prior
to the issuance of any certificate, each individual applicant shall
file with the Village Clerk either a bond running to the Village with
good and sufficient surety, in such form to be approved by the Village
Attorney; or an equal amount in cash (or equivalent) to be held in
escrow. The amount of said bond or cash shall be set by resolution
of the Board of Trustees and amended from time to time in the same
manner, subject to a public hearing on no less than five days' notice.
In no event shall the amount be less than $1,500 or more than $2,500.
Said bond or amount shall remain in escrow for the term of the license
and shall be conditioned to indemnify and pay the Village for any
penalties or costs incurred in the enforcement of any of the provisions
of this chapter.
C.
The Board
of Trustees may, by resolution, exempt persons from the bond and fee
requirements, provided that the applicant satisfies the Board that
the nature of his or her activity does not jeopardize the position
of the Village or the protection given herein to the residents.
