[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 4-5-2011 by L.L. No. 1-2011; amended in its entirety 10-3-2017 by L.L. No. 7-2017. Subsequent amendments noted where applicable.]
Garage sales — See Ch. 117.
Littering — See Ch. 135.
Noise — See Ch. 145.
Streets and sidewalks — See Ch. 170.
Editor's Note: This local law also repealed former Ch. 155, Peddling and Soliciting, adopted 4-1-1968 as Ch. 21 of the 1968 Code, as amended.
Editor's Note: This local law also provided: "To the extent that any state or local laws fail to provide specific authority for this local law or the procedures necessary for its adoption, or otherwise appear to be in conflict with this local law or the procedures followed for its adoption, then such laws are hereby superseded by this local law pursuant to New York Municipal Home Rule Law and the common law."
Persons exempt from registration need not apply for, nor obtain, any other license, permit, or registration from the Village to engage in door-to-door solicitation.
Any business licensed by the Village under another Village Code provision that uses employees, independent contractors, or agents for door-to-door solicitation in an effort to provide any tangible or intangible benefit to the business, shall be required to have such solicitors obtain a certificate unless otherwise exempt from registration.
Those responsible persons or entities associated with registered solicitors need not apply for, nor obtain, any other license, permit, or registration from the Village, provided they do not establish a temporary or fixed place of business in the Village.
Nothing herein is intended to interfere with or supplant any other requirement of town, county, state or federal law regarding any license, permit, or certificate that a registered solicitor is otherwise required to have or maintain.
For the purposes of this chapter, the following definitions shall apply:
- Speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.
- APPEALS OFFICER
- The Village Board of Trustees or designee of the Village Board of Trustees responsible for receiving the information from the Village 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 Village to an applicant to be completed and submitted as part of registration.
- An original or copy, dated no older than 180 days prior to the date of the application, of either:
- A commercial enterprise licensed by the Village as a person or entity under this chapter.
- A temporary, annual, or renewal certificate permitting door-to-door solicitation in the Village applied for or issued 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; or
- 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.
- C. "Charitable organization" 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 Village 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, two copies of the original identification relied on by the applicant to establish proof of identity, and the payment 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:
- 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:
- (1) The applicant or registered solicitor had either engaged in fraud or intentional misrepresentation;
- (2) That a debt of the applicant or registered solicitor was nondischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6) or (a)(19);
- (3) 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;
- (4) The applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction; or
- (5) 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, which shall not exceed the reasonable costs of processing the application and issuing the certificate.
- FINAL CIVIL JUDGMENT
- A civil judgment that would be recognized under New York State law as a judgment to which collateral estoppel would apply.
- 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 Village employee or designee 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," "No Solicitors," "No Salespersons," or "No Trespassing," or words of similar import.
- 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 Village.
- The process used by the Village 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 Village, 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 associated with an applicant or solicitor, or on whose behalf or benefit the applicant or solicitor is acting, that is responsible to provide the following to an applicant or 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; or
- 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.
- 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), including those 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, 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;
- F. Other activities falling within the commonly accepted definition of soliciting, such as canvassing, hawking, or peddling.
- G. Notwithstanding any provision of this chapter to the contrary, the act of delivery of mail or other products by the United States Postal Service.
- SOLICITOR or SOLICITORS
- A person(s) engaged in door-to-door solicitation, including a registered solicitor.
- 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 Village offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.
- SUBSTANTIATED REPORT
- An oral, written, or electronic report:
- A. That is submitted to and documented by the Village;
- B. By any of the following:
- (1) A competent individual who is willing to provide law enforcement or other Village employees with publicly available identification of their name, address, and any other reliable means of contact;
- (2) Village law enforcement or licensing officer; or
- (3) Any other regularly established law enforcement agency at any level of government;
- C. That provides any of the following information regarding a solicitor:
- (1) Documented verification of a previously undisclosed disqualifying status of a solicitor;
- (2) Probable cause that the solicitor has committed a disqualifying status which has not yet been determined to be a disqualifying status;
- (3) Documented, eyewitness accounts that the solicitor has engaged in repeated patterns of behavior that demonstrates failure by the solicitor to adhere to the requirements of this chapter; or
- (4) Reasonable cause that continued licensing of a registered solicitor creates exigent circumstances that threaten the peace, health, safety, or general welfare of any individuals or entities within the Village.
- The written form provided to the applicant by the Village wherein the applicant agrees that the Village 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, except as provided in § 155-16:
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 who shall have otherwise been certified or otherwise been duly qualified as required by law or by any governmental body or agency having jurisdiction over such conduct.
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.
Persons representing a charitable organization. The charitable exemption shall apply to 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 that such student solicitors carry current picture student identification from the educational institution for which they are soliciting.
Any veteran of the Armed Forces of the United States holding a peddlers license provided for in Article 4 of the General Business Law.
Farmers and truck gardeners or their employees who sell or deliver products grown or raised on their own farms and gardens.
All persons and organizations soliciting funds solely for the charitable or other purposes who are exempted from the license requirements under this chapter shall in any event maintain and keep records identifying all persons soliciting funds within the Village, regardless of their exemption, 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 the Chief of Police upon request.
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 within the Village 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.
Additionally, no person, including but not limited to a registered solicitor, shall engage in the following acts within the Village:
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 religious sect, or national origin in the area has resulted in or may result in:
The lowering of real property values.
A change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the real property is located.
An increase in criminal or antisocial behavior in the area.
A decline in the quality of the schools serving the area.
Make any representation or misrepresentation concerning the listing or sale, or the anticipated listing or 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 or seller 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 encouraging the sale or discouraging the purchase of real property in a particular area.
Place, canvass, distribute, or otherwise deliver 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 real property that is not in fact then offered for sale by the owner of said real property.
Advertise for sale or rental of real property which is nonexistent or which is not actually for sale or rental.
Engage in, hire, or conspire with others, to commit acts or activities of any nature, the purpose of which is to encourage or discourage the sale or purchase of real property related to religious, racial, or ethnic composition of the block, neighborhood or area.
Solicit or canvass any person whose name and property address is included on the list maintained by the Village Clerk of persons requesting that they not be canvassed or solicited.
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.
[Amended 12-19-2019 by L.L. No. 15-2019]
Unless otherwise exempt under this chapter, all persons, including each person within an entity, desiring to engage in door-to-door solicitation within the Village, prior to doing so, shall submit a completed application to the licensing officer requesting a 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 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 (including identification of the members of any limited liability company, majority shareholder of any corporation, all general partners of a partnership, and the owner of any sole proprietorship); and
The address by which all notices to the applicant required under this chapter are to be sent.
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 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;
The goods or services offered by the applicant, including any commonly known, registered or trademarked names;
Responses to questions regarding "disqualifying status." The applicant shall be required to affirm or deny each of the following statements on the application form:
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 the applicant been criminally convicted of a misdemeanor within the past five years involving a crime of moral turpitude or violent or aggravated conduct involving persons or property;
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; or
Is the applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.
Fee. The applicant shall pay such fees as determined by the Village by way of a resolution, which shall not exceed the reasonable cost of processing the application and issuing the certificate and/or identification badge.
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 Village to verify information submitted with the completed application, including but not limited to:
By submission of the application, the applicant thereby consents that the Village, including its police department, may consult any 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 New York State and/or federal law, the applicant's BCI background check shall remain a confidential, protected, private record not available for public inspection;
The Village 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 Village offices whether or not a certificate is denied, granted, or renewed;
The Village will maintain the information and criteria for disqualifying status, denial, or suspension of a certificate under the provisions of this chapter, the public disclosure for which will be subject to New York State Freedom of Information Law;
Editor's Note: See Art. 6 of Public Officers Law, § 84 et seq.
That a request for a temporary certificate will be granted or denied within five days of a completed application being submitted.
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.
The licensing officer shall review the completed application submitted by the applicant and issue a certificate in accordance with the following:
A temporary certificate shall be issued allowing the applicant to immediately begin door-to-door solicitation upon 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 does not affirmatively show a disqualifying status; and
The applicant has not previously been denied a certificate by the Village or had a certificate revoked for grounds that still constitute a disqualifying status under this chapter.
A temporary certificate will automatically expire after 25 calendar days from issuance, or upon grant or denial of an annual certificate, whichever period is shorter.
Annual certificate. Within 25 calendar days of the issuance of a temporary certificate, the Village 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 those disclosed with the application form.
Issue written notice to the applicant and the responsible person or entity, if any, that the applicant either:
Renewal certificate. An annual certificate shall be valid for one year from the date of issuance of the temporary certificate and shall expire at midnight on the anniversary date of issuance. Any annual certificate that is not suspended, revoked, or expired may be renewed upon the request of the registered solicitor and the submission of a new completed application and payment of the fee, unless any of the conditions for the denial, suspension or revocation of a certificate are present as set forth in § 155-13 or a disqualifying status is present.
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 Village.
Identification badge. With both the temporary and annual certificates, the Village shall issue each registered solicitor an identification badge that shall be worn prominently on his or her person while soliciting in the Village. The identification badge shall bear the name of the Village and shall contain:
The name of the registered solicitor, and the name of the responsible person or entity, if any;
Address and phone number of the registered solicitor, or the address and phone number of the responsible person or entity;
A recent photograph of the registered solicitor; and
The date on which the certificate expires.
The licensing officer shall maintain and make available for public inspection a copy or record of every completed application received and the certificate or written denial issued by the Village. 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 Village's law enforcement agency 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 shall issue for the balance of time remaining on the solicitor's previous certificate before the amendment was filed. Before the new certificate is given to the registered solicitor, the registered solicitor shall obtain a revised identification badge from the Village, after payment of the fee for the identification badge.
Denial. Upon review, the licensing officer shall refuse to issue a certificate to an applicant for any of the following reasons:
Denial of temporary certificate.
The application form is not complete;
The applicant fails to:
Establish proof of identity, provide a BCI, orpay the 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 Village, or has had a certificate revoked for grounds that still constitute a disqualifying status under this chapter.
Denial of annual certificate.
The information submitted by the applicant at the time of the granting of the temporary certificate is found to be incomplete or incorrect;
Since the submission of the completed application, the applicant is subject to a previously undisclosed or unknown disqualifying status;
Failure to pay all fees;
Since the submission of the application, the Village has received a substantiated report regarding the past or present conduct of the applicant;
Since the submission of the application, the Village or other governmental entity has either criminally convicted or obtained a civil injunction against the applicant for violating this chapter or similar federal, state, or municipal laws in a manner rising to the level of a disqualifying status; or
Since the submission of the application, a final civil judgment has been entered against the applicant indicating that:
Denial of annual certificate renewal.
The information submitted by the applicant when seeking renewal of a certificate is found to be incomplete or incorrect;
Since the submission of the renewal application, the applicant is subject to a previously undisclosed or unknown disqualifying status;
Failure to pay all fees;
Since the submission of the application or granting of a certificate, the Village has received a substantiated report regarding the past or present conduct of the solicitor;
The Village or other governmental entity has either criminally convicted or obtained a civil injunction against the applicant for violating this chapter or similar federal, state, or municipal laws in a manner rising to the level of a disqualifying status; or
Since the submission of the application, a final civil judgment has been entered against the applicant indicating that:
Suspension or revocation. The Village shall either suspend or revoke a certificate when any of the reasons warranting the denial of a certificate 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 Village 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 Village relied on to make the decision, the availability of the documentation for review by applicant upon three business day's notice to the Village, 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 circumstances outlined in the definition of "substantiated report" in § 155-2, 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 timely appeal the suspension of a certificate automatically results in its revocation.
An applicant or registered solicitor whose certificate has been denied or suspended shall have the right to appeal to the Village Board of Trustees 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 Village Clerk with a copy to the license officer within 10 business days of the date 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 two business days, the Village 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 Village, 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 all of the information noted in Subsections A, B and C is received.
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 any 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 Village.
Nothing herein shall impede or interfere with the applicant's, solicitor's, or Village's right to seek relief from the determination of the appeals officer 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 any 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 Village of the solicitor's goods or services or of the individual solicitor.
Any occupant of a residence may give notice of a desire to refuse solicitors by displaying a "No Solicitation" sign, which shall be posted on or near the property line adjacent to the sidewalk or other entrance area leading upon or 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 before entering the property of such residence.
The provisions of this section and § 155-20 shall apply also to solicitors who are exempt or otherwise excluded 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 Village who does not wish to have anyone enter upon and/or call upon the residence or business to solicit may inform the Village Clerk's Office of the same in writing and the Village 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 license in the Village.
Every person soliciting or advocating shall check each residence for any "No Soliciting" 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" 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 of registration 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" 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, and shall not attempt to persuade the occupant otherwise;
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; and
The solicitor shall not use obscene or lewd language or gestures.
It shall be unlawful for any person, whether licensed or not, to solicit at a residence before 9:00 a.m. or after 6:00 p.m., unless the solicitor has express prior written permission from the resident to do so.
In any home solicitation sale, unless the buyer requests the solicitor in writing to provide goods or services without delay and specifically waives the buyer's right to cancel, 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 the 10th business day after signing an agreement to purchase. Such notice of "Buyer's right to cancel" shall be in the form required by the Village.
Any person who violates any term or provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $1,000 and/or a jail sentence of not to exceed six months.
The Police Department of the Village of Monroe and/or the enforcement official as may be designated, 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, by himself or by his attorney at law, make, sign and file a complaint directly with the Police Department, or with the Village Clerk, who shall forward the complaint to the Police Department for investigation.
[Added 12-19-2019 by L.L. No. 15-2019]
Prior to the issuance of any certificate, each individual applicant shall file with the Village Clerk either a bond running to the Village with good and sufficient surety, in such form to be approved by the Village Attorney; or an equal amount in cash (or equivalent) to be held in escrow. The amount of said bond or cash shall be set by resolution of the Board of Trustees and amended from time to time in the same manner, subject to a public hearing on no less than five days' notice. In no event shall the amount be less than $1,500 or more than $2,500. Said bond or amount shall remain in escrow for the term of the license and shall be conditioned to indemnify and pay the Village for any penalties or costs incurred in the enforcement of any of the provisions of this chapter.
The Board of Trustees may, by resolution, exempt persons from the bond and fee requirements, provided that the applicant satisfies the Board that the nature of his or her activity does not jeopardize the position of the Village or the protection given herein to the residents.