[HISTORY: Adopted by the Board of Trustees
of the Village of Laurel Hollow 7-10-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Trespassing — See Ch. 131.
[1]
Editor's Note: This local law also repealed former Ch. 88,
Peddling and Soliciting, adopted 8-16-1960 as Ord. No. VIII of the
General Ordinances, as amended.
Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation,
or their agents or representatives, to proselytize, canvass, solicit
business, take orders for goods or services or to distribute handbills,
pamphlets or other written material or solicit donations or contributions
of money or property or financial assistance of any kind upon the
streets, upon private property, by house-to-house canvass or in public
places in the Village of Laurel Hollow without a license previously
issued pursuant to this chapter.
Application for a license, as provided in this chapter, shall
be in writing and addressed to the Clerk of the Village of Laurel
Hollow and shall contain the following information:
A.
Name, address and purpose of the cause for which the license is sought.
B.
Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C.
Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
solicitation.
D.
Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E.
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F.
The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the
person or persons who shall be conducting the solicitation or otherwise
peddling, soliciting or canvassing.
G.
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
H.
If a vehicle or vehicles are to be used in the solicitation, a description
of same, including year, make and model, together with a license plate
number, registration certification information and liability insurance
information or other satisfactory means of identification. Such information
shall be presented for inspection, upon demand, by any Laurel Hollow
Village Code Enforcement Officer or Oyster Bay Cove Village police
officer.
I.
The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.[1]
[1]
Editor's Note: Former Subsection J, regarding other information
as required by the Board of Trustees, which immediately followed this
subsection, was repealed 4-6-2020 by L.L. No. 6-2020.
[Amended 4-6-2020 by L.L. No. 6-2020]
All applications must be accompanied by a $50 processing fee
payable to the Clerk, Village of Laurel Hollow.
[Amended 4-6-2020 by L.L. No. 6-2020]
Within 10 business days of receipt of an application and the processing fee provided by § 88-3 of this chapter, the Board of Trustees or its designee(s) shall verify that the application is complete and complies with the requirements of § 88-2. The Board of Trustees or its designee(s) shall approve the application of all bona fide applicants who have complied with the above provisions. Notwithstanding the above, the application may be denied for any of the following reasons:
A.
An investigation reveals that the applicant falsified information
on the application.
B.
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances
or any violent act against persons or property.
C.
The applicant is a person against whom a judgment or administrative
agency determination has been entered or a conviction obtained within
the five years immediately preceding the date of the application,
based upon fraud, deceit or misrepresentation.
D.
The solicitation involves the sale of illegal substances or services.
E.
The applicant does not possess any applicable licenses required by
the United States, the State of New York, the County of Nassau or
the Town of Oyster Bay.
F.
A determination by the Oyster Bay Cove Police Chief that the location
and time of the activities described in the application would endanger
the safety and welfare of the applicant or potential customers.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A.
Payment by the applicant of the license fee of $200.
B.
All activity must be conducted on weekdays and Saturdays, only between
the hours of 9:00 a.m. and dusk (i.e., 30 minutes after sunset).
C.
Any organization, society, association, company or corporation licensed
under this chapter shall not have more than 10 individuals engaged
in the activity at any one time.
D.
The license shall be effective for no more than one calendar year
from the date of issuance, and all licenses shall terminate on December
31 in the year in which they were issued. There shall be no proration
of fees over the calendar year.
E.
The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees in writing that they do not desire solicitation.
Any person not desiring solicitation upon the person's
private property may advise the Board of Trustees by written notice
objecting to any or all solicitation or distributions. Such notice
shall include the name of the person filing; the address of the property
affected; the date of such filing; a statement specifically identifying
the organizations or institutions which the person filing objects
to permitting entrance onto his private residential property for the
purpose of solicitation or distribution; or that all such solicitation
or distribution is objected to.
All persons soliciting donations or contributions or proselytizing
pursuant to this chapter shall, at all times during such period, carry
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the solicitation. Each
identification card shall be displayed on the outer garment and shall
plainly show the name of the person who is soliciting, his or her
photograph and the person, organization, society, association, company
or corporation on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees
pursuant to any part of this chapter may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
This chapter shall not apply to persons for whom exemption is
made by any special provision of law from any of the provisions of
this chapter, provided they are not engaged in commercial transactions
or the solicitation of funds. This chapter also shall not apply to
any duly organized religious corporation, lodge, benevolent or fraternal
order, political organization; nor to a local community group or organization
such as the Boy Scouts, Girl Scouts, or other such youth organization;
nor to any political party or candidate. In the event such organizations
or individuals are involved in commercial transactions or the soliciting
of funds, special permission shall first be obtained from the Board
of Trustees for soliciting or canvassing.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine of
not less than $500 and not exceeding $1,500 or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
