[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.]
Noise — See Ch. 33A.
This chapter amends Chapter 35 of the Town of Monroe Code entitled "Peddling and Soliciting."
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.
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.
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.
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.
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.
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.
- APPEALS OFFICER
- 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.
- APPLICATION FORM
- A standardized form provided by the Town to an applicant to be completed and submitted as part of registration.
- BCI REPORT
- 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.
- CHARITABLE ACTIVITIES
- Advocating by persons or entities that either are, or support, a charitable organization.
- CHARITABLE ORGANIZATION
- Includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
- A. That is:
- (1) A benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
- (2) For the benefit of a public safety, law enforcement, or firefighter fraternal association; or
- (3) Established for any charitable purpose; and
- B. 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
- C. That is registered in the State of New York and has a charter.
- D. "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.
- COMPETENT INDIVIDUAL
- 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.
- COMPLETED APPLICATION
- 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.
- CRIMINALLY CONVICTED
- 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.
- DISQUALIFYING STATUS
- Anything specifically defined in this chapter as requiring the denial or suspension of a certificate, and any of the following:
- A. The applicant or registered solicitor has been criminally convicted of:
- B. Criminal charges currently pending against the applicant or registered solicitor for:
- C. The applicant or registered solicitor has been criminally convicted of a felony within the last 10 years;
- D. The applicant or registered solicitor has been incarcerated in a federal or state prison within the past five years;
- F. A final civil judgment has been entered against the applicant or registered solicitor within the last five years indicating that:
- G. 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;
- H. The applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction; or
- I. 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.
- DOOR-TO-DOOR SOLICITATION
- 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.
- FINAL CIVIL JUDGMENT
- A civil judgment that would be recognized under law as a judgment to which collateral estoppel would apply.
- FOOD VENDING BUSINESS
- 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.
- HOME SOLICITATION SALE
- 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:
- LICENSING OFFICER
- 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.
- "NO SOLICITATION" SIGN
- 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.
- POLITICAL POSITION
- Any actually held belief or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.
- REGISTERED SOLICITOR
- 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.
- RELIGIOUS BELIEF
- 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.
- RESPONSIBLE PERSON OR ENTITY
- 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.
- A. 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;
- B. Facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and
- C. Refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.
- ROADSIDE FARM MARKET
- 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.
- SALE OF GOODS OR SERVICES
- 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.
- SOLICITING or SOLICIT or SOLICITATION
- Any of the following activities:
- A. 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;
- B. Seeking to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications;
- C. Seeking to obtain contributions of money or any other thing of value for the benefit of any person or entity;
- D. Seeking to obtain orders or prospective customers for goods or services;
- E. 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
- F. Other activities falling within the commonly accepted definition of soliciting, such as canvassing, hawking, or peddling.
- SOLICITOR or SOLICITORS
- A person(s) engaged in door-to-door solicitation or otherwise engaged in activities constituting solicitation.
- SUBMITTED IN WRITING
- 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.
- A. An oral, written, or electronic report that is submitted to and documented by the Town by any of the following:
- (1) 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;
- (2) A law enforcement officer with jurisdiction in the Town or a licensing officer; or
- (3) Any other regularly established law enforcement agency at any level of government; and
- B. That provides any of the following information regarding a registered solicitor:
- (1) Documented verification of a previously undisclosed disqualifying status of a registered solicitor;
- (2) Probable cause that the registered solicitor has a disqualifying status that has not yet been confirmed to be a disqualifying status;
- (3) 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
- (4) 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.
- TOWN BOARD
- The Town Board of the Town of Monroe.
- TOWN CLERK
- The Town Clerk of the Town of Monroe.
- TRANSIENT RETAIL BUSINESS
- 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.
The following are exempt from registration under this chapter:
Persons specifically invited to a residence by a competent individual prior to the time of the person's arrival at the residence;
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;
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;
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;
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;
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;
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;
A child (under 18 years old) regularly attending any public or private school within the County of Orange;
Sales conducted pursuant to statute or Court order.
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.
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.
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.
Additionally, no person shall engage in the following acts within the Town:
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.
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:
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.
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.
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.
Advertise for sale of rental property which is non-existent or which is not actually for sale or rental.
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.
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.
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.
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.
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.
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.
Solicit on sidewalks.
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.
Willfully misstating any fact about any article offered for sale.
Willfully offering for sale any article of an unwholesome or defective nature.
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.
Frequent any street, sidewalk or public place so as to cause a private or public nuisance.
Fail to keep any vehicle or receptacle used by him in his licensed business in a sound, clean and/or sanitary condition.
Fail to keep any edible articles offered for sale well-protected from dirt, dust and insects.
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.
Fail to leave premises promptly upon request of any occupant of such premises.
Conduct business in a Town right-of-way or on Town property.
Conduct activities in such a manner as to interfere with the pedestrian or vehicular use of the public streets and places.
Cause or permit the public streets and places to be littered with papers, wrappings or other debris or refuse.
Conduct business within 100 feet of a street intersection.
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:
Review of written disclosures. An affirmation that the applicant has received and reviewed the disclosure information is required by this chapter.
Applicant's true, correct and legal name, including any former names or aliases used during the last 10 years;
Applicant's telephone number, home address and mailing address, if different;
If different from the applicant, the name, address, and telephone number of the responsible person or entity;
The address by which all notices to the applicant required under this chapter are to be sent;
The name and address of the firm represented, if any; and
The name and address of a person upon whom legal notice or process may be served.
Proof of identity.
An in-person verification by the licensing officer of the applicant's true identity by use of any of the following which bear a photograph of said applicant:
A valid driver's license issued by any state;
A valid passport issued by the United States;
A student identification card provided by an educational institution;
A valid identification card issued by any state; or
A valid identification issued by a branch of the United States military.
Upon verification of identity, the original identification submitted to establish proof of identity shall be returned to the applicant.
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.
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.
Marketing information. The applicant shall provide the following:
The goods or services offered by the applicant, including any commonly known, registered or trademarked names;
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;
The length of time for which the certificate is required;
A description of the vehicle, including license number of the vehicle the applicant intends to use in the Town; and
The location the applicant intends to sell goods, wares, services, or merchandise or solicit orders for the same.
Responses to questions regarding "disqualifying status." The applicant shall be required to affirm or deny each of the following statements on the application form:
Are any criminal charges currently pending against the applicant for:
Has the applicant been criminally convicted of a felony within the last 10 years?
Has the applicant been incarcerated in a federal or state prison within the past five years?
Has a final civil judgment been entered against the applicant within the last five years indicating that:
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?
Does the applicant have an outstanding arrest warrant from any jurisdiction?
Is the applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction?
If the applicant has been convicted of a crime, does the applicant have a certificate of good conduct or certificate of relief?
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.
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:
The applicant's submission of the application authorizes the Town to verify information submitted with the completed application including, but not limited to:
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.
Establishing proof of identity is required before registration is allowed.
Identification of the fee amount that must be submitted by applicant with a completed application.
The applicant must submit a BCI background check with a completed application.
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.
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.
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 certificate may be issued upon satisfaction of the following conditions:
Applicant's submission of a completed application;
Applicant's submission of the required fee;
Applicant establishes proof of identity;
The applicant's representations on the application form do not affirmatively show a disqualifying status;
The BCI report does not affirmatively show a disqualifying status; and
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.
Within five calendar days of the date the applicant has submitted a completed application the Town shall:
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.
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.
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.
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.
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.
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.
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:
The application form is incomplete or incorrect;
The applicant fails to establish proof of identity, provide a BCI, or pay the required fees;
The completed application or BCI indicates that the applicant has a disqualifying status; or
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;
Since the submission of the completed application, the applicant is subject to a previously undisclosed or unknown disqualifying status;
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
After the ruling of the appeals officer, the applicant or solicitor is deemed to have exhausted all administrative remedies with the Town.
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.
No solicitor shall intentionally make any materially false, fraudulent, or otherwise misleading statement in the course of soliciting.
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.
No solicitor shall use a fictitious name, an alias, or any name other than his or her true and correct name.
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.
The provisions of this section shall apply also to solicitors who are exempt from registration pursuant to the provisions of this chapter.
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.
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.
It shall be the responsibility of the solicitor to check each residence for the presence of any such notice.
The provisions of this section shall apply also to solicitors who are exempt from registration pursuant to the provisions of this chapter.
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."
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.
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.
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.
Any solicitor who is at any time asked by an occupant of a residence or dwelling to leave shall immediately and peacefully depart.
The solicitor shall not intentionally or recklessly make any physical contact with or touch another person without the person's consent;
The solicitor shall not follow a person into a residence without their explicit consent;
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;
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.
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.
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.