[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 165 of the 1983
Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be considered as synonymous with the terms "solicit"
and "solicitor."
Any benevolent, philanthropic, patriotic, not-for-profit
or eleemosynary group, association or charitable organization. Charitable
organizations include but are not limited to the following organizations:
fire departments, first-aid squads and religious organizations.
[Added 1-21-1997 by L.L. No. 3-1997]
Any charitable, benevolent, philanthropic, patriotic or eleemosynary
purpose.
[Added 1-21-1997 by L.L. No. 3-1997]
Any association of individuals, partnerships, firms, corporations,
societies or any other organizations.
The promise or grant of any money or property of any kind
or value.
[Added 1-21-1997 by L.L. No. 3-1997]
To go from house to house, from store to store, from place
to place or from street to street to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of East
Hills other than from a fixed place of business.
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
Only a natural person or an individual, whether a resident
of the Village of East Hills or not.
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for services
to be performed at any place within the Village of East Hills, or
to request funds, gifts or subscriptions for commercial purposes.
[Amended 1-21-1997 by L.L. No. 3-1997]
Any person or company who solicits as herein defined.
[Amended 1-21-1997 by L.L. No. 3-1997]
It shall be unlawful for any person or company to peddle or
solicit within the Village of East Hills without having first obtained
a valid license therefor as provided herein. An application for a
license shall be made at least 30 days prior to the date requested
for its use.
An application for a license shall contain the following information:
A.
The name and description of the applicant.
B.
The address of the applicant (local and legal).
C.
A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited.
D.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
E.
Two photographs of the applicant, taken not more than 60 days prior
to the date of filing of the application, which pictures shall be
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
F.
A statement that the applicant is a citizen and whether citizenship
was obtained by birth or naturalization; if by naturalization, the
date and place where obtained; if the applicant is an alien, a statement
as to the date and place of registration.
G.
If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship.
H.
If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification.
I.
If the applicant is a company, the name and address and title of
the officer of the company upon whom process or other legal notice
may be served.
A.
Upon receipt of such application, one copy shall be referred to the
Nassau County Police Department for such investigation of the applicant
to be made as it deems necessary for the protection of the public
good.
B.
If such investigation should prove the applicant to have a police
record, the Police Department shall attach to such application a copy
of the applicant's police record and shall return the application
to the Village Clerk, who shall notify the applicant that his or her
application is disapproved and that no license will be issued on said
application.
C.
If as a result of such investigation of the applicant no police record
is found, the Police Department shall attach to the application a
statement that it has no record of the applicant and shall return
said application to the Village Clerk. Upon the return of such application
and approval by the Village Clerk and the payment of the prescribed
license fee by the applicant, the Village Clerk shall prepare and
deliver to the applicant his or her license and tag. Such license
shall contain the Seal of the Village and the signature of the issuing
officer and shall show the name, address and photograph of the licensee,
the class of license issued, the kind of goods to be peddled or solicited
thereunder, the amount of fee paid, the license number, the date of
issuance and the date of expiration of such license, as well as the
state license number or other identifying description of the vehicle,
if for a vehicular license.
D.
The Village Clerk shall keep a record of all licenses issued.
The Village Clerk may issue a license without the application
required under this chapter to any person who shall submit a certified
copy of a license issued by any other municipality within the County
of Nassau whose licensing requirements are substantially the equivalent
to those established by this chapter; provided, however, that such
municipalities extend similar reciprocity to licensees of the Village
of East Hills, as determined by the Village Clerk.
[Amended 1-21-1997 by L.L. No. 3-1997]
For each person proposing to peddle or solicit, whether on foot
or from a licensed vehicle, the fee shall be set forth from time to
time by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
A.
To each person licensed under this chapter, the Village Clerk shall
issue a badge which shall bear the word "peddler" or "solicitor,"
the number of the license and the calendar year for which the license
is issued, in figures plainly discernible. Such badge shall be worn
constantly by the licensee on his or her outer garment in such a way
as to be conspicuous during such time as said licensee is plying his
or her trade.
[Amended 1-21-1997 by L.L. No. 3-1997]
B.
For each vehicle licensed under this chapter, the Village Clerk shall
issue a metal or plastic license plate which shall bear the word "peddler"
or "solicitor," the number of the license and the calendar year for
which such license is issued in figures plainly discernible. Said
license plate shall be attached to the rear of each vehicle in a conspicuous
place and shall be kept clear and readable at all times.
C.
To each person licensed under this chapter who loses his or her badge
issued by the Village Clerk, the Village Clerk shall issue a replacement
upon said person's submitting an affidavit setting forth the
facts surrounding and establishing the loss of said badge and payment
of the proper fee.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
Every peddler or solicitor licensed under this chapter shall
have his or her license in his or her immediate possession at all
times when peddling or soliciting and shall display the same upon
demand of any person.
No license, license plate or badge issued under the provisions
of this chapter may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any person other than the one to whom
it was issued.
No peddler or solicitor shall have any exclusive right to any
location in the public streets, nor shall any be permitted a stationary
location, nor shall he or she be permitted to operate in any congested
area where his or her operation might impede or inconvenience the
public. For the purpose of this chapter, the judgment of any police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or inconvenienced.
A.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 10:00
a.m. of any day or after 5:00 p.m., except upon the invitation of
the householder or occupant.
[Amended 1-21-1997 by L.L. No. 3-1997]
B.
It shall be unlawful for any peddler or solicitor, in plying his
or her trade, to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "no peddlers,"
"no solicitors," "no agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his or her goods
or wares within 200 feet of any place of worship or any place occupied
exclusively as a public or private school or for school purposes,
nor shall he or she permit his or her cart, wagon or vehicle to stand
on any public highway within said distance of such school property.
[Amended 1-21-1997 by L.L. No. 3-1997]
D.
No solicitor shall solicit any business whatsoever at the scene of
any accident within the unincorporated area of the Village of East
Hills.
E.
It shall be unlawful for any peddler or solicitor plying his or her
trade to use any bells, chimes, records, horns or other sound-producing
devices for the purpose of attracting customers.
If the applicant for a peddler's or solicitor's license
uses scales or measures in his or her business, he or she shall also
file with his or her application for license a certificate issued
by the Nassau County Sealer of Weights and Measures that his or her
scales or measures have been tested and sealed.
[Amended 1-21-1997 by L.L. No. 3-1997]
A.
The following persons and organizations shall be exempt from the
provisions of this chapter unless otherwise indicated herein:
(1)
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Nassau County Clerk to hawk, peddle, vend or solicit trade in pursuance of law on the streets and highways of the Village of East Hills shall be exempt from the provisions of § 141-6. In lieu of a license as prescribed in § 141-7A, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his or her trade within the Village of East Hills, subject to all other provisions of this chapter. Such permit will be stamped in ink on the face of the county license.
(2)
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
(3)
Any charitable organization, as defined by § 141-1, desiring to solicit or have solicited in its name contributions or financial assistance of any kind or desiring to sell or distribute any items of literature or merchandise within the Village of East Hills for a charitable purpose. Any such charitable organization exempt from the requirements of this chapter by this section shall nevertheless notify the Village Clerk, prior to the commencement of its solicitation activities, of the proposed time and place for the conducting of such solicitation activities. Nothing herein, however, should be construed to alter the exempt status under this chapter of any such charitable organization as defined by § 141-1.
It shall be the duty of any police officer of the County of
Nassau to require any person seen peddling or soliciting, and who
is not known by such police officer to be duly licensed, to produce
his or her peddler's or solicitor's license and to enforce
the provisions of this chapter against any person found to be violating
the same.
The Police Department shall report to the Village Clerk all
convictions for violation of this chapter, and the Village Clerk shall
record the reports of such violations.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Village Clerk of the Village of East Hills after notice and
hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his or her business as peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his or her last known address at least
five days prior to the date set for hearing.
Any person aggrieved by the action of the Police Department or the Village Clerk in the denial of an application for a license as provided in § 141-4 or in the decision of the Village Clerk with reference to the revocation of a license as provided in § 141-16 shall have the right to appeal to the Village Board of the Village of East Hills. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
