[HISTORY: Adopted by the Board of Trustees of the Village of Northport 3-18-1997 by L.L. No. 3-1997. Amendments noted where applicable.]
The licensing and regulation of persons engaged in peddling, vending, hawking, soliciting and distribution of printed matter and merchandise samples is required so that the identity of persons going from door to door is known and established to avoid traffic congestion in and about certain areas of the village and for the protection and maintenance of the health, safety and welfare of the inhabitants of the village. Accordingly, this chapter is designed to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare of the inhabitants of the village.
The following words, terms and phrases, and their derivations, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Includes the words "patriotic," "philanthropic," "social service," "health welfare," "benevolent," "educational," "civic," "cultural" or "fraternal," either actual or purported.
- The Chief or Police or his designee.
- Includes the words "alms," "money," "subscription," "property" or any donations under the guise of a loan or money or property.
- The Northport Police Department.
- Free distribution and/or delivery.
- Any person who goes upon the premises of any private residence in the village (not having been invited by the occupant thereof) or upon any business premises, park, street, sidewalk or other public place carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter. The word "peddler" shall also include the words "hawker" and "vendor."
- Includes all activities ordinarily performed by a peddler as indicated under the definition of "peddler" of this section.
- A natural person or any firm, corporation, association, club, society or other organization.
- PRINTED MATTER
- Any or all of the following: circulars, handbills, notices, cards, newspapers, magazines, pamphlets, leaflets and advertising materials.
- Any person who goes upon premises of any private residence in the village (not having been invited by the occupant thereof) or upon any business premises, park, street, sidewalk or other public place for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property to request contribution of funds or anything of value or sell goods or services for political, charitable, religious or other noncommercial purposes. The word "solicitor" shall also include the word "canvasser."
- Includes all activities ordinarily performed by a solicitor as indicated under the definition of "solicitor" of this section.
It shall be unlawful for any person to engage in peddling or solicitation activities or in the distribution of printed matter or merchandise samples within the Village of Northport without first obtaining a permit issued by the Department; provided, however, that the following are exempted from the provisions of this section:
The delivery of any political or religious literature or any newspaper of general circulation; the delivery of any such matter by United States Postal Service or the distribution of sample copies of newspapers or magazines regularly sold by copy or annual subscription. To the extent that this chapter addresses the distribution of printed materials and merchandise, it is not intended to regulate the lawful distribution of anything other than commercial and business advertising matter or merchandise samples.
Peddling and soliciting by those under the age of 18 years who reside within the village.
Any peddling or solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made or upon premises the owner of which has given permission for such organization to conduct such peddling or solicitation.
Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation.
Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person.
Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary.
The sale by a truck farmer or gardener himself or herself of products of his/her own farm or garden.
[Added 2-15-2000 by L.L. No. 6-2000]
It shall be unlawful for any person to render aid or facilitate the activities of a person who is engaged in peddling or soliciting or in the distribution of printed matter or merchandise samples within the Village of Northport without a permit issued pursuant to § 215-3.1 hereinabove. For the purposes of this § 215-3.2, a person is rendering aid or facilitating the activities when such person engages in conduct which provides another person the means or opportunity to commit a violation of § 215-3.1 herein above.
Every person subject to the provisions of this chapter shall file with the Chief of Police an application in writing, and under oath, on a form furnished by the Department, which shall provide the following information:
Proof of age, address, identification and social security number of the applicant, to be provided through the applicant's driver's license, articles of incorporation (for sponsors) or other legally recognized form of proof.
A brief description of the business or activity to be conducted.
The dates, hours and location(s) for which the right to peddle, solicit or distribute printed matter or merchandise samples as desired.
If employed, the name, address and telephone number of the employer or, if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be.
A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or local law violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred and other pertinent details thereof.
Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed activity, or which, under any such law or regulation, would exempt the applicant from the permit requirements of this chapter.
Two photographs of the applicant which shall have been taken within 60 days immediately prior to the date of filing of the application. The photographs shall measure two inches by two inches and show the head and shoulders of the applicant in a clear and distinguishing manner.
A description of any vehicle(s) to be utilized in connection with the permittee's activities sufficient to identify the same and including the license number thereof and proof of carriage of liability insurance covering said vehicle(s).
In all cases where a fee is required pursuant to § 215-5, each application shall also be accompanied by a set of fingerprints for each individual for whom permission to peddle or solicit or distribute printed matter of merchandise samples is requested, and such completed fingerprint card shall thereafter be forwarded to the New York State Division of Criminal Justice Services for a full search in order to determine if the applicant has been convicted of an offense delineated in § 215-8A(3). In such cases, the application shall be accompanied by an appropriate fee in the form acceptable to the Division and made payable to the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein. The New York State Division of Criminal Justice Service shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed in the Northport Village Police Department.
[Amended 6-24-1997 by L.L. No. 6-1997]
Where the applicant proposes to contribute printed matter or merchandise, a sample of the type of printed material or sample of the merchandise shall be submitted with the application.
Said application shall also contain a statement of the regulations set forth in this chapter which shall constitute conditions for the issuance of said permit and with which the applicant shall comply.
[Amended 6-24-1997 by L.L. No. 6-1997; 8-17-1999 by L.L. No. 12-1999]
At the time an application (other than one seeking permit to solicit for political, charitable, religious or other noncommercial purposes) is filed with the village, the applicant shall pay a fee to cover the cost to the village of processing the application and investigating the facts stated therein. The permit fee shall be as set forth from time to time by resolution in Chapter 147, Fees, for each solicitor, peddler or individual proposed to distribute printed matter or merchandise samples and shall be in addition to the cost of forwarding the applicant's fingerprints to the New York State Division of Criminal Justice Services in accordance with § 215-4B.
All solicitors requiring cash deposits or taking orders for cash on delivery purchases (COD) or who require a contract of agreement to finance the sale of any goods, services or merchandise for future delivery, or for services to be performed in the future, shall furnish to the village a bond in the amount of $1,000.
Upon receipt of a completed application, the Chief of Police or authorized representative shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
If the Chief finds the application to be satisfactory, he shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant.
The permit shall show the name and address of the permittee, the class of permit issued, the kind of goods or services to be sold or delivered (if any), the type of printed matter or merchandise samples to be distributed (if any), the date of issuance and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle(s) to be used in carrying on the activities for which the permit is issued.
A record of all permits issued shall be maintained by the Department for a period of two years.
Upon the Chief of Police's review of the application, the Chief may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
The location and time of solicitation or peddling or distribution of printed matter or merchandise samples would endanger the safety and welfare of the solicitors, peddlers, distributors or their customers.
An investigation reveals that the applicant falsified information on the application.
The applicant has been convicted of a felony or misdemeanor involving a violation of Penal Law Article 220, trafficking in controlled substances, or any violent acts against persons or property, such conviction being entered within the five years preceding the date of application; however, as authorized under Correction Law § 751, the applicant can obtain the permit if in possession of an executive pardon, certificate of relief from disabilities or certificate of good conduct.
[Amended 6-24-1997 by L.L. No. 6-1997]
The applicant is a person against whom a judgment based upon or conviction for fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application.
There is no proof as to the authority of the applicant to serve as an agent to the principal.
The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief that the reasons for such earlier denial no longer exist.
The Chief's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form or at the applicant's last known address.
[Amended 4-21-2009 by L.L. No. 2-2009]
All permits issued under the provisions of this chapter shall expire one year from the date of issuance unless an earlier expiration date is noted on the permit. The Police Chief may set a fixed termination date for any category of permits if necessary to coordinate regulation and/or enforcement with other applicable laws or regulations. Provided due notice is given to all permit holders, the Police Chief may reduce the length of existing permits if necessary to coordinate regulation and/or enforcement with other applicable laws or regulations. No refunds or pro-rata adjustments of permit fees shall be authorized as a result of any action by the Police Chief under this section.
At the same time the permit is issued, the Chief shall issue to each permittee an identification badge, including the individual's photograph, which shall be worn by the permittee in such a way as to be conspicuous at all times while the permittee is soliciting, peddling or distributing printed matter or merchandise samples in the village.
Every person required to obtain a permit under the provisions of this chapter shall exhibit the permit when requested to do so by any prospective customer or Department employee.
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor, to enter upon any premises in the village where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors" or words of similar import.
No person, while conducting the activities of a peddler or solicitor or while distributing printed matter or merchandise samples, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 8:00 p.m. and 9:00 a.m.
[Amended 8-17-1999 by L.L. No. 12-1999]
Except as provided under Subsection D of this section, no permit issued hereunder shall be exercisable and no person exempted as set forth in § 215-3 shall conduct the activities regulated hereby in or upon any portion of the Northport Village Park (located at the end of Main Street), Cow Harbor Park (located at the end of Main Street), Northport Municipal Dock (located on Northport Harbor in and about said Northport Village Park), in or upon any parking lots adjacent to aforesaid premises, in or upon any other public property or in or upon any street, sidewalk, open lot or premises abutting upon or located within any portion of the village designated on the Zoning Map of the Village as Central Business A District or Central Business B District.
No permittee shall:
Conduct himself/herself in such a manner as to become objectionable to or annoy an occupant of any residence.
Shout, cry out or blow a horn upon any of the streets, parks or public places of the village or upon the private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being heard upon the streets, avenues, parks or other public places of the village or upon the private premises therefrom for the purpose of attracting attention to any merchandise or services or to bring attention to himself/herself.
Distribute, peddle or sell obscene merchandise or printed matter or that which advocates unlawful conduct.
Litter the streets, public beaches, places or properties within the village with any merchandise or printed matter.
Throw, place or discard any printed matter or merchandise upon any public street, road, avenue, park or other public place in the Village of Northport or upon the lawn or in the yard appurtenant to any dwelling house or other building located therein or upon any field or other open space within the Village of Northport.
Distribute any printed matter or sample of merchandise by placing the same in or upon, or by attaching the same to, any automobile, truck or other motor vehicle.
Distribute any printed matter or merchandise sample at any dwelling house or other building within the Village of Northport unless such printed matter or merchandise sample is delivered into the hands of some person there offering to receive the same or is placed in the slot or receptacle provided on the premises for the receipt of printed matter; provided, however, that if distribution cannot be made in either manner indicated in this subsection, such printed matter or sample of merchandise may be distributed by placing and leaving the same outside, upon the said premises, in such manner as to be readily seen and taken up by a person entering such dwelling house or building and in such manner, so far as practicable, as not to be blown into or upon the yard or lawn of said premises or into or upon any public highway.
Distribute any printed matter or merchandise sample upon the premises of any dwelling house or other building known to be vacant by the person distributing such printed matter or merchandise sample.
Distribute printed matter or merchandise sample unless he or she shall provide a means by which the owner of any premises within the Village of Northport may cause the distribution to said owner's premises to cease. Said means may include, but not be limited to, a self-addressed mailing providing a space for the owner to indicate that the distribution shall be terminated.
No permittee other than one described in § 215-3G shall conduct any of the activities regulated hereunder from any fixed point or place, but shall constantly be on the move except when stopped or hailed by a prospective purchaser or customer, provided that operations may be permitted, upon special application to and approval of the Village Board of Trustees, by a permittee at a fixed point or place during a fixed period of time assigned by the Board of Trustees at the time of granting of permission to the permittee in, upon or adjacent to any public bathing beach or public park.
The number of permittees permitted to be present at any public bathing beach or park at any one time shall be two permittees.
Permit(s) to peddle merchandise at Steers Park shall only be valid during period(s) when the concession stand is closed and shall require the permittee to remain stationary and within a designated area.
It shall be unlawful to tack, nail, paste, paint or otherwise affix any handbill upon any bridge, fence, sidewalk, building, monument, pole or post or tree or trees, provided that this shall not prohibit lawfully posted legal notices.
It shall be unlawful for any person to distribute any handbill so as to interfere with the free flow of public travel, either pedestrian or vehicular, or so as to cause the formation of crowds which impede the free use of the streets, sidewalks or other places; nor shall any person distribute handbills in a manner so as to cause public disorder or breach of the peace or molest or annoy any individual, group or gathering.
[Added 5-4-2010 by L.L. No. 4-2010]
It shall be unlawful for any person under the age of 18 years to engage in residential peddling or solicitation without direct supervision by a person at least 21 years of age. Direct supervision means the supervising person shall at all times have the minor in sight and shall in no event be more than 100 feet away from the minor being supervised.
Halloween day solicitations by minors in costume are exempted from this restriction.
Any permit issued under this chapter may be revoked or suspended by the Chief, after notice and hearing, for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for a permit.
Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities.
Conducting peddling or solicitation activities contrary to the provisions contained in the permit.
Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under this chapter shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
Any person aggrieved by the action or decision of the Chief to deny, suspend or revoke a permit applied for under the provisions of this chapter shall have the right to appeal such action or decision to the Village Clerk within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, or to his last known address.
An appeal shall be taken by filing with the Chief a written statement setting forth the grounds for the appeal.
The Chief shall transmit the written statement to the Village Clerk within 10 days of its receipt and the Village Clerk shall set a time and place for a hearing on the appeal.
A hearing shall be set not later than 20 days from the date of receipt of the appellant's written statement.
Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
The decision of the Village Clerk on the appeal shall be final and binding on all parties concerned.
Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee, shall cite to the Chief the statute or other legal authority under which exemption is claimed and shall present to the Chief proof of qualification for such exemption.
Any person who shall act as a peddler, vendor or solicitor as herein defined without a permit or who shall violate any of the provisions of this chapter or who shall continue to act as peddler, vendor, hawker or solicitor subsequent to the revocation of his permit shall be guilty of an offense and punishable by a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense.
In addition to any criminal enforcement, the village or any individual may pursue any available civil remedies deemed appropriate and necessary.
Editor's Note: Section 2 of L.L. No. 3-1997 provided that this chapter would take effect immediately in accordance with law; provided, however, that licenses issued prior to the adoption of this chapter pursuant to L.L. 11-1976 and L.L. 5-1982, as amended, which had not expired, would remain valid for the period of time for which they were issued, provided that the regulations hereunder regarding the exercise of rights pursuant to said license would be applicable to said previously issued licenses.