[HISTORY: Adopted by the Town Board of the
Town of Monroe 3-19-2018 by L.L. No. 4-2018; amended in its entirety by 4-1-2019 by L.L. No. 3-2019.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 33A.
This chapter amends Chapter 35 of the Town of Monroe Code entitled "Peddling and Soliciting."
A.
Town residents of the Town have an inalienable interest in their
personal safety, comfort, well-being, and privacy in their residences
as well as their ability to provide and receive information regarding
matters of personal belief, political or charitable activities, and
goods and services lawfully in commerce.
B.
This chapter is enacted for the purpose of regulating local activities
of itinerant sellers and solicitors of orders for sale in order that
the peace, health, safety, welfare and good order of the Town and
its inhabitants be preserved.
C.
The Town has a substantial interest in protecting the well-being,
tranquility, personal safety, and privacy of its residents, which
includes protecting residents from unwanted, harassing, and disruptive
intrusions and solicitations upon residential property. The Town also
has a substantial interest in protecting residents from fraudulent,
misleading, or otherwise unfair consumer sales practices, deceptive
door-to-door solicitations, and criminal activity.
D.
There must be a balance between these substantial interests of the
Town and its residents and the effect of this chapter on any rights
of those regulated. Based on the collective experiences derived from
regulating business activity, protecting persons and property from
criminal conduct, responding to the inquiries and complaints of residents
regarding door-to-door and in-home canvassing and solicitation, the
experience of its law enforcement officers and those affected by door-to-door
and in-home canvassing and solicitation, as well as judicial decisions
outlining the boundaries of constitutional protections afforded and
denied persons seeking to engage in door-to-door and in-home canvassing
and solicitation, the Town adopts this chapter to promote the Town's
substantial interests in: (a) respecting residents' decisions
regarding privacy in their residences; (b) protecting persons from
criminal conduct; (c) regulating local activities of itinerant sellers
and solicitors of orders for sale in order that the peace, health,
safety, and welfare of the Town and its inhabitants shall be preserved;
(d) providing equal opportunity to advocate for and against religious
belief, political position, or charitable activities; and (e) permitting
truthful, nonfraudulent, and nonmisleading door-to-door solicitation
regarding lawful goods or services in intrastate or interstate commerce
that does not violate the property rights of any property owner or
resident in the Town.
E.
The Town finds that the procedures, rules, and regulations set forth
in this chapter are appropriately and narrowly tailored to preserve
and protect the Town interests referred to herein while at the same
time balancing the rights of those regulated.
F.
Nothing herein is intended to interfere with or supplant any other
requirement of state or federal law regarding any license, permit,
or certificate that a registered solicitor is otherwise required to
have or maintain. Nothing in this chapter shall be construed to preempt
any provision of state or federal law.
For the purposes of this chapter, the following definitions
shall apply:
Speech or conduct intended to inform, promote, or support
a political position, or charitable activities.
The Town Board or designee of the Town Board responsible
for receiving the information from the Town 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 Town 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: (1) a New York State Bureau
of Criminal Identification verified criminal history report personal
to the applicant; or (2) verification by the New York State Bureau
of Criminal Identification that no criminal history rising to the
level of a disqualifying status exists for the applicant.
A certificate permitting door-to-door solicitation in the
Town applied for and issued by the licensing officer 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; and
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;
and
That is registered in the State of New York and has a charter.
"Charitable organization" also 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 Town 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 report, two copies
of the original identification relied on by the applicant to establish
proof of identity, and the tendering 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:
Criminal charges currently pending against the applicant or
registered solicitor for:
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 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 and/or identification badge, which
shall not exceed the reasonable costs of processing the application
and issuing the certificate and/or identification badge.
A civil judgment that would be recognized under law as a
judgment to which collateral estoppel would apply.
The sale of prepared food products for immediate consumption
from a motor vehicle, trailer, platform, stand or tenet on any highway
or other place within the Town other than within a fully enclosed
building or a stand or outside sales and eating place maintained as
an adjunct to a food vending business maintained in any adjoining
fully enclosed building.
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 Town Clerk or other designee of the Town Board 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,"
or "No Solicitors," or "No Salespersons," or" "No Trespassing," or
"No-Knock Registry Member," or words of similar import.
One or more persons, corporations, partnership, associations,
organizations and all other entities.
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
Town.
The process used by the Town 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 Town, 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 responsible to provide the following
to an applicant, registered 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;
and
Refunding any monies paid or reversing credit card charges to
those persons who timely rescind any sale pursuant to applicable contractual
rights or law.
A trucker gardener or farmer who himself or by his agents
sells or barters products of his own farm or garden from any location
within the Town, other than his residence or farm.
The conduct and agreement of a solicitor and the competent
individual in a residence regarding a particular good(s) or service(s)
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;
Seeking to engage an individual in conversation at a residence
for the purpose of promoting or facilitating the receipt of information
regarding home solicitation sale or purchase; and
Other activities falling within the commonly accepted definition
of soliciting, such as canvassing, hawking, or peddling.
A person(s) engaged in door-to-door solicitation or otherwise
engaged in activities constituting solicitation.
The information for an appeal of a denial or suspension of
a certificate submitted in any type of written statement to the Town
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 Town by any of the following:
A competent individual who is willing to provide law enforcement
or other Town employees with publicly available identification of
their name, address, and any other reliable means of contact;
A law enforcement officer with jurisdiction in the Town or a
licensing officer; or
Any other regularly established law enforcement agency at any
level of government; and
That provides any of the following information regarding a registered
solicitor:
Documented verification of a previously undisclosed disqualifying
status of a registered solicitor;
Probable cause that the registered solicitor has a disqualifying
status that has not yet been confirmed to be a disqualifying status;
Documented, eyewitness accounts that the registered solicitor
has engaged in repeated patterns of behavior that demonstrates failure
by the registered solicitor to adhere to the requirements of this
chapter; or
Reasonable cause that continued licensing of the registered
solicitor creates exigent circumstances that threaten the peace, health,
safety, or general welfare of any individuals or entities within the
Town.
The Town of Monroe.
The Town Board of the Town of Monroe.
The Town Clerk of the Town of Monroe.
A business conducted in any motor vehicle, trailer or tent
or on any street or other open place for the sale of retail goods,
wares or merchandise, excepting prepared food and farm products.
The written form provided to the applicant by the Town wherein
the applicant agrees that the Town 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:
(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 such as Girl or
Boy Scout programs, Little League, Rotary Club, Lions Club or like-minded
local civic groups soliciting for the benefit of organizations that
shall have otherwise been certified or otherwise been duly qualified
as required by law or by any competent governmental body or agency
unless there is a pending legal action or proceeding brought on behalf
of the New York State Department of Consumer Affairs or the Orange
County Consumer Affairs Office against the organization;
(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)
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 filed
with the Town, and that such student solicitors carry current picture
student identification from the educational institution for which
they are soliciting;
(7)
A wholesaler
selling articles to dealers or merchants who have an established place
of business within the Town or their employees while acting within
the scope of their employer and not having another use;
(8)
Persons
engaged in the sale of cosmetics or household goods within a residence,
provided that such sales occur solely and exclusively within a residence
by permission of the owner thereof;
(9)
A child
(under 18 years old) regularly attending any public or private school
within the County of Orange;
(10)
Sales
conducted pursuant to statute or Court order.
B.
All persons and organizations that are exempted from the license
requirements under this chapter shall maintain and keep records identifying
all persons soliciting funds within the Town, 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 a law enforcement authority
or other enforcement official investigating any solicitor or peddler.
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 or property upon which a private residence
is located within the Town 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. It shall be unlawful for
any person to conduct or operate a transient retail business, roadside
farm market or food vending business.
B.
Further, it shall be unlawful for any person to solicit within the
Town without first having registered with the Town Clerk and having
received, and having in force and effect, a certificate for the same,
if such is required by the Town Clerk.
C.
Additionally, no person shall engage in the following acts within
the Town:
(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 national origin in the area has resulted in or
may result in:
(3)
Make any representation or misrepresentation concerning the listing
or sale of the anticipated listing for sale or the 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 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 discouraging the purchase
of property in a particular area.
(5)
Place, canvass, or distribute 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 property
that is not in fact offered for sale by the owner of said property.
(6)
Advertise for sale of rental property which is non-existent or which
is not actually for sale or rental.
(7)
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, create or play upon
unjustified fear with the purpose of inducing or attempting to induce
the sale or listing for sale of real property.
(8)
Solicit or canvass any person whose name and property address is
included on the list maintained by the Town Clerk of persons requesting
that they not be canvassed or solicited, or solicit or canvass any
occupant of a residence displaying a "No Solicitation" notice or a
"No-Knock Registry Member" sign.
(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.
(13)
Solicit on sidewalks.
(14)
Maintain any booth or stand or place any barrels, boxes, crates or
other obstruction upon any street, sidewalk or public place for the
purpose of conducting business without the express advanced approval
of the Code Enforcement Officer or the Town Board.
(15)
Willfully misstating any fact about any article offered for sale.
(16)
Willfully offering for sale any article of an unwholesome or defective
nature.
(17)
Call attention to his goods by blowing a horn, by ringing a bell,
other than a house doorbell, by shouting or crying or by any loud
or unusual noise, except that peddlers of ice cream and ice cream
products for immediate consumption are exempted from the foregoing
prohibition of the use of a bell.
(18)
Frequent any street, sidewalk or public place so as to cause a private
or public nuisance.
(19)
Fail to keep any vehicle or receptacle used by him in his licensed
business in a sound, clean and/or sanitary condition.
(20)
Fail to keep any edible articles offered for sale well-protected
from dirt, dust and insects.
(21)
Fail to deliver to every person to whom a sale is made or from whom
an order is taken a legibly written receipt, signed and dated by the
purchaser, setting out the total price, a description of the goods
or services sold or ordered and a statement of any payment received
by the purchaser.
(22)
Fail to leave premises promptly upon request of any occupant of such
premises.
(23)
Conduct business in a Town right-of-way or on Town property.
(24)
Conduct activities in such a manner as to interfere with the pedestrian
or vehicular use of the public streets and places.
(25)
Cause or permit the public streets and places to be littered with
papers, wrappings or other debris or refuse.
(26)
Conduct business within 100 feet of a street intersection.
D.
All solicitors shall immediately move from a location if so ordered
by any police officer or Town officer on grounds that the location
is unsafe. Refusal to obey such order shall be grounds for suspension
or revocation of the license. Such order may be appealed to the Town
Board in the manner set forth herein.
Unless otherwise exempt under this chapter, all persons desiring to engage in door-to-door solicitation within the Town, prior to doing so, shall submit a completed application to the licensing officer and obtain a certificate in accordance with § 35-11. Any false statement on any application shall be grounds for denial or revocation of the 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 is 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;
(4)
The address by which all notices to the applicant required under
this chapter are to be sent;
(5)
The name and address of the firm represented, if any; and
(6)
The name and address of a person upon whom legal notice or process
may be served.
C.
Proof of identity.
(1)
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:
(a)
A valid driver's license issued by any state;
(b)
A valid passport issued by the United States;
(c)
A student identification card provided by an educational institution;
(d)
A valid identification card issued by any state; or
(e)
A valid identification issued by a branch of the United States
military.
(2)
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. The applicant shall provide the following:
(1)
The goods or services offered by the applicant, including any commonly
known, registered or trademarked names;
(2)
Whether the applicant holds any other licenses, permits, registrations,
or other qualifications required by federal or state law to promote,
provide, or render advice regarding the offered goods or services;
(3)
The length of time for which the certificate is required;
(4)
A description of the vehicle, including license number of the vehicle
the applicant intends to use in the Town; and
(5)
The location the applicant intends to sell goods, wares, services,
or merchandise or solicit orders for the same.
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:
(2)
Are any criminal charges currently pending against the applicant
for:
(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?
(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?
(9)
Is the applicant currently subject to a protective order based on
physical or sexual abuse issued by a court of competent jurisdiction?
(10)
If the applicant has been convicted of a crime, does the applicant
have a certificate of good conduct or certificate of relief?
I.
Fee. The applicant shall pay the applicable certificate fee(s) as
determined from time to time by resolution of the Town Board, which
shall not exceed the reasonable cost of processing the application
and issuing the certificate and/or identification badge. Any person
who presents a valid current license issued by the Orange County Clerk
pursuant to the provisions of the General Business Law of the State
of New York shall be exempt from paying the fees required by the Town
for the issuance of a certificate under this chapter.
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
Town to verify information submitted with the completed application
including, but not limited to:
B.
The Town may consult any publicly 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 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 Town 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 Town
offices whether or not a certificate is denied, granted, or renewed.
H.
The criteria for disqualifying status, denial, or suspension of a
certificate under the provisions of this chapter.
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.
If an original BCI background check is submitted by the applicant,
the licensing officer shall make a copy of the BCI and return the
original to the applicant.
The licensing officer shall review the completed application submitted by the applicant and issue a certificate in accordance with the following: If deemed eligible, the licensing officer may issue only one certificate per applicant for a term of one week, two months or six months. The term of the certificate shall automatically expire unless renewed in accordance with § 35-10C.
A.
A certificate may be issued upon satisfaction of the following conditions:
(1)
Applicant's submission of a completed application;
(2)
Applicant's
submission of the required fee;
(3)
Applicant
establishes proof of identity;
(4)
The
applicant's representations on the application form do not affirmatively
show a disqualifying status;
(5)
The
BCI report does not affirmatively show a disqualifying status; and
(6)
The
applicant has not previously been denied a certificate by the Town
or had a certificate revoked for grounds that still constitute a disqualifying
status under this chapter.
B.
Within
five calendar days of the date the applicant has submitted a completed
application the Town 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 any actions disclosed with the application form.
C.
Renewal
certificate. A certificate that is not suspended, revoked, or expired
may be renewed prior to the expiration of the term upon the request
of the registered solicitor and the submission of a renewal application
and payment of the appropriate fee. The renewal period shall be for
the same term unless the applicant pays the appropriate certificate
fee for a certificate with a longer term. In no event shall a certificate
be renewed for more than two terms.
A.
Prior to the issuance of any certificate, the applicant shall file
with the Town Clerk either a bond running to the Town in the amount
of $1,500, with good and sufficient surety, in such form to be approved
by the Town Attorney; or the amount of $1,500 to be held in escrow.
Said bond or amount shall remain in escrow for the term of the certificate
and shall be conditioned to indemnify and pay the Town for any penalties
or costs incurred in the enforcement of any of the provisions of this
chapter.
C.
The Town Board may, by resolution, exempt persons from the bond and
fee requirements, provided that the applicant satisfies the Board
that the nature of his activity does not jeopardize the position of
the Town or the protection given herein to the residents.
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 Town.
B.
Identification badge. The Town shall issue each registered solicitor
an identification badge that shall be worn prominently on his or her
person while soliciting in the Town. The identification badge shall
contain:
The licensing officer shall maintain and make available for
public inspection a copy or record of every completed application
received, the date of approval or denial issued by the Town, including
the date of issuance and expiration of any certificate and the date
of revocations of all certificates revoked. 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 law enforcement agencies with jurisdiction in the
Town 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 may be issued for the balance of
time remaining on the solicitor's previous certificate before
the amendment was filed. Before the new certificate is approved, the
registered solicitor shall obtain a revised identification badge from
the Town, after payment of the fee for the identification badge. In
the event that the applicant has employees or agents working with
or for the applicant, a separate application must be filed for each
employee or agent. The certificate fee for each additional certificate
shall by 25% of the certificate fee set forth by the Town Board.
A.
Denial. Upon review, the licensing officer shall refuse to issue
a certificate or a renewal application to an applicant for any of
the following reasons:
(1)
The application form is incomplete or incorrect;
(2)
The applicant fails to establish proof of identity, provide a BCI,
or pay the required fees;
(3)
The completed application or BCI indicates that the applicant has
a disqualifying status; or
(4)
The applicant has previously been denied a certificate by the Town,
or has had a certificate revoked for grounds that still constitute
a disqualifying status under this chapter;
(5)
Since the submission of the completed application, the applicant
is subject to a previously undisclosed or unknown disqualifying status;
B.
Suspension or revocation. The Town may either suspend or revoke a certificate when any of the reasons warranting the denial of a certificate as set forth in § 35-15A 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 Town 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 Town relied on to make the decision, the availability of the documentation
for review by applicant upon three business days' notice to the
Town, 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 exigent circumstances, 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 appeal the
suspension of a certificate automatically results in its revocation.
D.
Notwithstanding the foregoing, if an applicant has been convicted
of a crime, but has obtained a certificate of good conduct or certificate
of relief, the applicant may be approved for a certificate if the
applicant is approved by a super majority vote of the Town Board.
An applicant or registered solicitor whose certificate has been
denied or suspended shall have the right to appeal to the Town Board
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 Town Clerk with a
copy to the license officer, if other than the Town Clerk, within
10 business days 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 one
business day, the Town 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 Town, 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 the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits rebuttal information as allowed in Subsection C of this section, the 15 calendar days shall be extended to include the additional three days for rebuttal.
(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
the 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 Town.
F.
Nothing herein shall impede or interfere with the applicant's,
solicitor's, or Town's right to seek relief 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 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 Town of the solicitor's goods or services or of the individual
solicitor.
E.
The provisions of this section shall apply also to solicitors who
are exempt from registration pursuant to the provisions of this chapter.
A.
Any occupant of a residence may give notice of a desire to refuse
solicitors by displaying a "No Solicitation" or "No-Knock Registry
Member" sign which shall be posted on or near the main entrance door
or on or near the property line adjacent to the sidewalk leading 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.
D.
The provisions of this section shall apply also to solicitors who
are exempt 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 Town who does
not wish to have anyone enter upon and/or call upon the residence
or business to solicit may inform the Town Clerk's Office of
the same in writing and the Town 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 certificate in the Town. This
list, maintained by the Town Clerk, shall be known as the "Town of
Monroe No-Knock Registry Membership List."
A.
Every person soliciting or advocating shall check each residence
for any "No Soliciting" or "No-Knock Registry Member" 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" or "No-Knock
Registry Member" 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
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" or "No-Knock Registry Member" 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.
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;
H.
The solicitor shall not use obscene language or gestures.
In addition to the provisions of § 427 of the New
York State Personal Property Law, in any home solicitation sale, unless
the buyer requests the solicitor in writing to provide goods or services
without delay, 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 10 business days after signing
an agreement to purchase. Such notice of "Buyer's right to cancel"
shall be in the form required by the Town and shall be in addition
to the protections set forth in § 428 of the New York State
Personal Property Law.
Any person who violates any term or provision of this chapter
shall be guilty of a violation and upon conviction shall be punished
by a minimum fine of $2,500 to a maximum fine of $5,000 in the first
offense, a minimum fine of $5,000 to a maximum fine of $7,500 for
a conviction for a second offense within two years of a prior conviction,
and a minimum fine of $7,500 to a maximum fine of $10,000 for a conviction
for a third offense within two years of a prior conviction, and/or
a jail sentence of not to exceed 15 days. Each day such violations
continues shall constitute a separate and distinct offense punishable
based upon the foregoing.
A.
Any Police Department with jurisdiction in the Town of Monroe and/or
the Town Code Enforcement officer or other enforcement official as
may be designated by the Town Board, 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, in his or her sole capacity or through
an attorney at law, make, sign and file a complaint directly with
a Police Department having jurisdiction, or with the Town Clerk, who
shall forward the complaint to an appropriate authority for investigation.
