[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 10-3-1981 by L.L. No. 5-1981; amended in its entirety 12-12-1996 by L.L. No. 8-1996. Subsequent amendments noted where applicable.]
It is hereby declared to be the policy of the Village of New Hyde Park that the issuance of all business operating licenses, permits and certificates required by village regulations should and shall be subject to certain uniform and standard general procedures and substantive requirements. Accordingly, the Board of Trustees hereby enacts and adopts this article, the provisions of which, together with any resolution, order, rule or regulation adopted pursuant to the authority of this article, shall collectively constitute the village's general licensing regulations and which, except as may be otherwise provided under this article, are intended to supersede and/or take precedence over the licensing procedures and related substantive requirements which are or may be set forth and contained in any other local law or ordinance or in any other resolution, order, rule or regulation of the village, and which purport to govern the issuance, possession, transfer or renewal of any such business operating licenses, permits or certificates.
Except as otherwise expressly provided under Subsection B of this section, both the provisions of this article and the provisions of any resolution, order, rule or regulation adopted pursuant to the authority hereof shall be deemed controlling and shall take full precedence and be given full force and effect in connection with the issuance, possession, transfer or renewal of each and every village license, permit or certificate which is now or may hereafter be required, by or pursuant to the provisions of any village local law, ordinance, resolution, order, rule or regulation, in order to engage in a designated business or commercial enterprise, to pursue a designated trade or occupation, or to conduct a designated commercial activity, operation or function, regardless of the source or sources of any such requirements and whether or not incorporated within this article of Chapter 114 of the Village Code.
To the extent that the provisions of any village local law, ordinance, resolution, order, rule or regulation of the type or kind described and referred to in Subsection A of this section shall expressly set forth and prescribe, in connection with a license, permit or certificate which is subject to the provisions of this article, any procedural or substantive requirements that are substantially different from, but not inconsistent with, those prescribed in this article, such other and different requirements shall be deemed to be supplementary and additional to the requirements of this article; provided, however, that where and when such other and different requirements are more specific and restrictive than the general provisions of this article, then in such event, but not otherwise, and then only to the extent of any actual conflict or inconsistency with the provisions of this article, such other and different requirements shall be deemed superseding and controlling.
No person, firm, corporation, co-partnership, association or other recognized legal entity shall at any time undertake, commence, maintain or continue, or attempt to undertake, commence, maintain or continue, any business, trade, occupation or other commercial enterprise or any commercial activities, operations or other functions for which an operating license, permit or certificate is required to be obtained by or pursuant to any village legislative enactment, resolution or order or any village administrative rule, regulation or order, without having first obtained, and thereafter keeping in current legal force and effect, the particular village license, permit or certificate as in such case shall actually be required; and no such license, permit or certificate shall be issued, renewed or extended to or for the benefit of any such person or legal entity, and no such person or legal entity shall apply for, obtain, hold, possess, retain or transfer any such license, permit or certificate, except in strict conformance with all applicable provisions of this article and any resolutions, orders, rules or regulations authorized and adopted pursuant hereto.
The Village Clerk is hereby designated and empowered to act as the village's regular licensing officer for and in connection with the purposes of this article. In such capacity, the Village Clerk is hereby generally authorized and empowered, subject to approval of the Board of Trustees, to prescribe, adopt, issue and enforce any additional procedures, any supplementary rules and regulations, or any orders which he/she may deem necessary, prudent, useful or desirable to properly carry out, administer and enforce the requirements of this article, including but not limited to the power and authority to:
Prescribe and adopt the design, form and content of all official application blanks, license certificates, permit tags or stickers and other related documents or materials to be used in connection with this article.
Demand the production, submittal or filing by any applicant of any information, documentation or other materials which such Clerk may deem necessary, useful or indispensable for determining the qualifications of such applicant for any required license, permit or certificate.
Investigate or cause to be investigated any person or legal entity applying for or holding any such license, permit or certificate, including the background and training, records and experience of such applicant or any proprietor, partner, officer or director thereof, the location and condition of or any other relevant information about the applicant's commercial buildings, premises, vehicles and equipment or its business activities, practices, operations or functions, or any other matters which may be material to, and which may reasonably affect, the qualifications and entitlement of such applicant to obtain, to continue to hold or possess or to transfer, the particular license, permit or certificate which is the subject of such investigation.
With respect to the foregoing powers and authority, and for the further purposes of this article, the Village Clerk may, upon his/her election and in his/her sole discretion, subject and subordinate only to the ultimate and overriding authority of the Board of Trustees, designate any other village department head, officer or employee to act as his/her lawful agent or deputy and may delegate to such designated agent or deputy any or all of the powers and duties, responsibilities or functions otherwise hereby vested in such regular licensing officer.
Every application for a license, permit or certificate which is subject to the provisions of this article shall be made on the official blanks prescribed and provided for such purpose by the Village Clerk. Such application blanks shall be completed in writing, shall provide all information required or requested thereon and shall be submitted and filed in the office of the Village Clerk together with any other papers, documents or materials which may be prescribed and directed by such officer. At the time of such filing, and as a condition thereof, every such application shall be accompanied by the payment in full, in the form prescribed or permitted by the Village Clerk, of all application processing fees and related charges required in connection with such application, no part or portion of which such fees or charges shall at any time be waived, prorated or refundable.
Upon the receipt of any application conforming with and to the requirements of this article and requesting the issuance, extension or renewal of any required business license, permit or certificate, the Village Clerk shall immediately undertake and complete any investigation in connection with such application and/or with respect to the applicant which may be required by local law or ordinance or authorized by administrative rule or regulation, for the purpose of determining the qualifications and entitlement of the applicant for the particular license, permit or certificate being sought or requested. Upon the completion of such investigation, the Village Clerk shall make the determination whether to issue, extend or renew such license, permit or certificate and shall either approve and grant or disapprove and deny the application for same. However, whenever the authority to make such a determination shall be expressly reserved to the sole discretion of the Board of Trustees, whether by local law or ordinance or by peremptory order, rule or regulation of such Board, or whenever the Village Clerk shall elect to defer to the authority of such body, then such application shall be promptly referred to, and ultimately decided by, said Board.
Before rendering any determination required by the preceding as subsection, the Village Clerk or the Board of Trustees, as the case may be, shall schedule and conduct a public hearing with respect to the pending application as may be mandated by general state statute or local law. When such a hearing, if any, shall be legally required, it shall be held and conducted upon such public notice, in such manner and at such time and place as shall be prescribed in the applicable and controlling statute or local law. In the event that a public hearing shall not be legally required in connection with a given application, then the Village Clerk or the Board of Trustees shall proceed with the determination of such application in whatever manner and according to whatever routine may be deemed necessary or advisable, and suitable and sufficient, under the circumstances.
For the purposes of this article, the provisions of Article III of Chapter 1, General Provisions, of the Village Code, as currently enacted or hereafter amended (referred to elsewhere herein simply as "Article III of the General Provisions") shall be controlling and shall have the same legal force and be given the same legal effect as if such provisions were fully set forth and contained within the text of this article. Accordingly, in carrying out and administering the provisions of this article, the provisions of Article III of the General Provisions shall be fully and faithfully applied so that the nature, description and amount of all fees, charges and other expenses which shall be assessed against, and levied and collected from, any person or legal entity in connection with the processing or issuance of any license, permit or certificate which is subject to the provisions of this article shall be as generally and specifically set forth and prescribed in Article III of the General Provisions and/or any schedule or schedules contained in and forming a part of such article.
Unless otherwise specified in the local law, ordinance or other enactment originally providing for its requirement, or unless otherwise prescribed by administrative rule, regulation or order adopted pursuant to the authority of this article, no license, permit or certificate which is subject to the provisions of this article shall be approved and issued for a durational term or period in excess of one calendar year, and every such license, permit and certificate shall expire and fully terminate on the 31st day of December next succeeding the date of its issuance; provided, however, that in the event that the holder of any then-current license, permit or certificate shall, before the actual and applicable expiration date thereof, file with the regular licensing officer a properly completed and executed application seeking the renewal of such license, permit or certificate for the next succeeding annual term, then in such event and for the purposes of this section such timely filing shall serve to extend the durational term of such current license, permit or certificate, as the case may be, until the date that a determination either approving or denying the pending renewal application has been made and rendered in accordance with the provisions of this article.
Whenever the applicable effective commencement and expiration dates for any type, kind or class of licenses, permits or certificates which are subject to the provisions of this article shall be changed or modified by or pursuant to any authorized amendment, the Village Clerk may, by general or special rule or order, extend the otherwise applicable expiration date of any previously issued and current license, permit or certificate so that the same shall be deemed to expire as of and on the day and date immediately preceding the first occurrence of any newly prescribed and applicable commencement date provided for by the authorized amendment.
No license, permit or certificate which is subject to the provisions of this article shall at any time be transferred or shall at any time be deemed transferable without the prior express written consent of the regular licensing officer and the endorsed approval of the Board of Trustees.
All licenses, permits and certificates which are subject to the provisions of this article shall be subject to revocation, suspension or cancellation by the regular licensing officer and/or the Board of Trustees, whenever such officer or Board shall find that the holder thereof has violated any terms or conditions thereof or the terms and conditions of any local law or ordinance or any legislative or administrative rule, regulation or order having application thereto.
The provisions of any other law, statute, local law or ordinance to the contrary notwithstanding, the legal requirement for each of the types or kinds of business operating licenses, permits and certificates which may be currently described or referred to, and otherwise provided for, solely in and under the scheduled provisions of Article III of Chapter 1 of the Village Code, and for which no other current and specific authorization shall appear to exist upon the effective date of this article, shall nonetheless be conclusively presumed to be valid and lawful and shall nonetheless continue in full legal force and effect until repealed, as if such requirement were, in fact, actually and expressly set forth and contained within the text of both the current provisions of this article and any predecessor provisions repealed and replaced hereby.
The Board of Trustees shall be deemed authorized and empowered, by and pursuant to the provisions of this subsection, to adopt, by special resolution, the requirement for an operating license, permit or certificate of any type or kind described or referred to in and contemplated by the provisions of Subsection A of § 114-2 and/or the provisions of § 114-3 of this article and chapter. Any such resolution adopted by the Board shall be prospective only and shall specify the business, trade, occupation or other commercial enterprise or the commercial activity, operation or function for which each such license, permit or certificate shall be required to be obtained; establish and specify all related application, processing and issuance fees or charges to be applied in connection with every such license, permit or certificate; and order or direct the amendment of the Fee and Charge Schedule set forth and prescribed in § 1-32 of Article III of Chapter 1 of the Village Code so that such schedule shall reflect and conform to the applicable provisions of such special resolution. On and after the effective date of any such special resolution, any license, permit or certificate required thereby shall immediately become subject to all other provisions and requirements of this article.
Editor's Note: A resolution authorizing the establishment of a reference schedule of licensed commercial enterprises and activities and a schedule of rules and regulations was adopted 12-12-1996. This resolution and the schedules established pursuant thereto are on file in the village offices.
A violation of any of the provisions of this article or of any other local law, ordinance, order, resolution, rule or regulation adopted in conjunction with or pursuant to the authority of this article shall constitute an offense, and any person, firm, partnership, corporation, association or other entity which shall stand convicted of any such violation shall be punishable, upon conviction for a first offense, by a fine of up to $350 or by imprisonment in the county jail for not more than 15 days, or by both such fine and imprisonment; upon conviction of a second offense, both of which offenses were committed within a period of five years, by a fine of not less than $350 nor more than $700 or by imprisonment in the county jail for not more than 15 days, or by both such fine and imprisonment; and upon conviction for a third or subsequent offense, all of which offenses were committed within a period of five years, by a fine of not less than $700 nor more than $1,000 or by imprisonment in the county jail for not more than 15 days, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional punishable offense.
As used in this article, the following words, terms and phrases shall have the meanings herein ascribed to them:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which or where the person transacts business, sells and deals in, during regular business hours, the goods, wares and merchandise he hawks, peddles or for which he solicits. All business and the goods, wares and merchandise thereof must be conducted within a building. Outside storage is permissible, provided that materials are not visible from the street.
- HAWKER AND PEDDLER
- Includes any person, either principal or agent, who, from any railroad car or in any public street or public place or by going from house to house or place of business to place of business on foot or on or from animal or vehicle, sells or barters, offers for sale or barters or carries or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers, periodicals or baked goods.
- Any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares, merchandise or services, except newspapers, periodicals, milk or baked goods.
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any person selling personal property at wholesale to dealers in such articles, to persons having an established place of business within the village, or their employees, for soliciting orders from customers and delivering the same, to farmers or truck gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens or to persons licensed pursuant to § 32, Article 4, of the General Business Law of the State of New York. This article shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person, within the corporate limits of the village, to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.
Notwithstanding the foregoing, a nonprofit organization or nonprofit corporation or its members may act as a hawker, peddler or solicitor, provided that such nonprofit organization or nonprofit corporation or its members shall obtain from the Board of Trustees prior written permission to sell specified goods, wares or merchandise for and on behalf of such nonprofit organization or nonprofit corporation at specified places in the village and at specified hours not to exceed a total of one month in any one year.
The fees for licenses issued under this article shall be as established from time to time by the Board of Trustees.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a blank form prepared by the Clerk and furnished by the village. Such application shall contain the following information:
The number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired.
The kind of goods, wares and merchandise the applicant desires to sell or the kind of service he desires to perform, and the method of distribution.
The name, address and age of the applicant.
The name and address of the person, firm or corporation that the applicant represents.
The length of time for which the applicant desires the license.
Such other information as may be required by the Village Clerk.
The application required by § 114-13 shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Except as herein provided, no license shall be refused except for general welfare.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued.
All licenses issued pursuant to this article shall state clearly the following information:
All licenses issued under the provisions of this article shall automatically expire on December 31 next following the date of issuance of such licenses.
It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted under the provisions of this article, giving the number and date of each license, the names and residences of the persons licensed, the amount of the license fees paid and also the dates of revocation of all licenses revoked.
The Board of Trustees may, at any time, for a violation of this article or any ordinance or any law, revoke any license issued under the provisions of this article. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. The Mayor shall notify the Village Clerk of the revocation of any license, and the reason or reasons therefor, in writing, shall be served by the Clerk upon the person named in the application for the license or by mailing the same to the address given in the application. A copy of such notice shall be filed in the office of the Clerk.
Every person to whom a license has been granted hereunder, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
A license issued under the provisions of this article shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this article.
No license to be issued under the provisions of this article shall be granted to a person under 18 years of age.
Whenever a license issued hereunder shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate thereof under the original application may be issued by the Village Clerk upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery and payment of a nonrefundable restoration fee as established from time to time by the Board of Trustees.
No applicant to whom a license required by this article has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
The Village Clerk shall supply vehicle identification stickers to licensed hawkers, peddlers and solicitors. Such stickers shall not be transferred or assigned.
The vehicle sticker shall be displayed by every licensee of a vehicle on the front left bumper of the vehicle used by him in the exercise of his license. Such vehicle sticker shall state the character and number of the license and the date of expiration. The display of the vehicle sticker is hereby made a condition of every license to which such sticker applies, and failure by the licensee to display the same as aforesaid while in the exercise of his license shall be cause for the revocation of such license.
A charge as may be established from time to time by the Board of Trustees shall be made by the Village Clerk for each vehicle sticker.
Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
One license shall entitle the licensee to employ two persons, and no more, to assist in carrying on the business for which the license is issued, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor.
One license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
A licensed hawker, peddler or solicitor shall:
Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Keep the vehicle and receptacles used by him in clean and sanitary condition, and the sale or peddling of any foodstuffs and edibles shall be subject to the rules and regulations of the County Health Office and the County Sanitary Code.
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
Not stand or permit the vehicle used by him to stand in any one place in any public place or street for more than 10 minutes.
Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicle used by him to stop or remain on any crosswalk.
Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
[Added 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article; provided, however, that in addition to, but not in lieu of, any fine or term of imprisonment which may be imposed in the sentence for such offense, the court may order, as part of such sentence, either the immediate revocation or the immediate suspension for a period of up to six months of any current village license and/or permit issued, in accordance with the requirements of this chapter, to any defendant standing convicted of a third or subsequent offense.
Editor's Note: This local law also provided that it would take effect 12-1-1999.