[HISTORY: Adopted by the Board of Trustees of the Village of Lake
Grove 11-16-1978 as Ch. 94 of the 1978 Code. Amendments
noted where applicable.]
No person, association, partnership or corporation engaged in itinerant
trading shall solicit the sale of or hawk, peddle, vend, sell or dispose of
any goods, wares or merchandise of any description in or upon the public streets,
roads or highways or public places of the Village of Lake Grove, or upon private
property by calls, canvassing or soliciting from house to house within said
village, without having first obtained a license therefor as hereinafter provided.
As used in this chapter, the following words shall have the meanings
indicated:
To peddle or offer for sale by calling aloud or by going from door
to door; to carry wares about for sale; peddle.
One who offers goods for sale by shouting his wares in the street
or going from door to door; peddler.
A.
Every applicant for a license is required to file with
the Village Clerk a written application supplying the following information:
(1)
That he is a citizen of the United States.
(2)
That he has never been convicted of a felony.
(3)
The particular business, trade or occupation for which
the license is required.
(4)
The manner or means of conveyance in which said business
or trade or occupation shall be conducted.
(5)
The name, address and age of the applicant.
(6)
The name of the person, firm or corporation he represents.
B.
Such application shall be accompanied by a certificate
from the Suffolk County Sealer of Weights and Measures, certifying that all
weighing and measuring devices to be used by the applicant have been examined
and approved.
Upon the filing of the application as provided in the preceding section,
the Village Clerk shall, upon his approval of such application, issue a license
to the applicant specifying the trade or occupation authorized.
Every such licensee using any vehicle in conducting business shall have
and keep the number of his license painted in conspicuous figures on a metallic
sign on a conspicuous place on the driver's side of such vehicle, and
if any person uses or employs more than one vehicle for such business, he
shall procure a separate license for each of such vehicles. Every licensed
peddler, solicitor or canvasser not using a vehicle shall, at all times while
engaged in peddling, hawking or soliciting, wear on the front of his outermost
garment a badge provided by the Village Clerk which shall contain the number
of the license and the date when it expires.
A.
A licensed hawker, peddler or solicitor shall not permit
any cart, wagon or vehicle owned or operated or controlled by him to stand
or remain stationary, nor shall he sell or offer for sale therefrom or from
any pack or container any goods, wares or merchandise of any kind or within
the lines of any street, highway or sidewalk in the Village of Lake Grove
for a longer period than 15 minutes, or within 1,500 feet of any public market
or store engaged in the business of selling the same goods, wares and merchandise
offered by the licensee, or in front of any premises if the owner or lessee
thereof objects thereto.
B.
Vehicle requirements.
(1)
Motor vehicles vending ice cream, ices or other merchandise
shall be parked at the curb, at least 200 feet from all intersecting streets.
(2)
Such vehicles shall contain six blinker lights, at least
five inches in diameter, continuously blinking, two lights at the roof height
and two lights at fender level of the vehicle and at least two blinker lights
at the roof level in the front to give proper warning to other vehicles of
its presence at the curb.
(3)
All vending vehicles shall be equipped with a backup
alarm system in proper working order.
C.
No peddler or solicitor shall have any exclusive right
to any location in any street or on any public property, nor shall any peddler
or solicitor be permitted to occupy any stationary location in any street
or any public property. No person may peddle or solicit in any congested place
or area when or where such activity may impede or inconvenience the public
or add to the congestion of such place or area. For the purpose of this section,
the judgment of any peace officer or police officer, exercised in good faith,
shall be deemed conclusive as to the existence of congestion and as to whether
the public is impeded or inconvenienced.
D.
Due to the traffic congestion on all state or county
roads in the Village of Lake Grove during the hours set forth herein, no person
shall park any vehicle, cart, wagon or trailer between the hours of 9:00 a.m.
and 5:00 p.m. upon any state or county road in the Village of Lake Grove,
including but not limited to the following streets, solely or partly included
in the Village of Lake Grove, or within 25 feet of the paved portion thereof,
or within 200 feet from the point where any state or county road intersects
any other road or highway, for the purpose of peddling, selling or soliciting
the sale of goods, wares, food products or merchandise[1]
E.
It shall be unlawful:
(1)
For any person to enter upon private property for the
purpose of peddling, canvassing or soliciting before the hour of 9:00 a.m.
and after the hour of 5:00 p.m. of any day except upon the express invitation
of the owner or occupant of the premises.
(2)
For any peddler, canvasser or solicitor to enter or attempt
to gain entry or admission to any premises posted with any sign the purpose
of which is to prevent, prohibit or avoid peddling or soliciting thereat.
(3)
For any person to solicit, canvass or peddle within 200
feet of any place used or occupied as a public or private school, schoolgrounds,
church, synagogue or place of worship, firehouse or public building, or to
permit his cart, wagon or vehicle to stand on any street or public place within
200 feet of such property.
A.
This chapter shall not apply to such peddling, canvassing
or soliciting as to require a license for an honorably discharged soldier,
sailor or marine of the military or naval service of the United States who
has obtained a license from the County Clerk of Suffolk County to hawk, peddle,
vend, canvass or solicit trade in pursuance of law.
B.
The provisions of §§ 121-1 through 121-6 inclusive of this chapter shall not apply to the following:
(1)
Charitable or other organizations or persons exempted
from compliance with the provisions of Article 10-A of the New York Social
Welfare Law, nor any political organization or any division, branch, part
or representative thereof.
(2)
Persons engaged in the distribution of a newspaper published
at stated intervals for the purpose of conveying news to its subscribers,
buyers or readers.
(3)
Any person who keeps, maintains or operates a store,
market, shop or similar permanent place of business and who operates, runs
or uses a cart, wagon, truck or other vehicle for the purpose of making delivery
of goods, wares, merchandise or provisions bought or ordered at such place
of business.
C.
The provisions of this chapter shall not apply to any
person solely engaged in the delivery, trucking, carting business or delivering
such goods, wares, merchandise or provisions for or on behalf of any supermarket,
department store, permanent place of business or any establishment within
or outside the Village of Lake Grove.
D.
The exemptions to the provisions of this chapter shall
not apply to any person or organization, charitable or otherwise, as herein
provided, for the solicitation or collection of donations or funds, regardless
of the type or character of such organization or the purpose thereof.
Any person, association, partnership or corporation violating any provision
of this chapter shall be guilty of a violation and shall, upon conviction
thereof, be punishable by a fine not exceeding $250 or by imprisonment not
exceeding 15 days, or by both such fine and imprisonment.
