[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 5-15-2002 by L.L. No. 3-2002. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddler and Solicitor Law of the Village of Spring Valley."
The attention of the Board of Trustees of the Village of Spring Valley has been directed to abuses and unscrupulous and disruptive acts by persons engaging in door-to-door soliciting and selling goods, merchandise and wares; and the imposition of unwarranted obligations and commitments upon the residents of the Village by such itinerant persons engaging in abuse, violent conduct and threats; and that many of the foregoing have resulted in complaints to the Village Police because of unruly conduct or behavior, or exaggerated, unethical and spurious claims and representations with respect to such goods, ware and merchandise; and that such improper conduct has violated the peace, good order and safety and general welfare of the citizens of the Village; and it is, therefore, the intent of the Village Board, by the enactment of this chapter, to minimize and prevent the foregoing abuses and violations of the rights of the citizens of the Village of Spring Valley and to protect them and the general welfare as hereafter more fully provided.
No person shall engage in the business of selling or attempting to sell or solicit orders for the sale of any property or any services on any public street or public place.
The hawking, peddling and soliciting of orders for sale of any personal property or any services within the Village of Spring Valley without having obtained a license therefor from the Clerk of the Village is prohibited. Additional authorization may be required in areas under private ownership.
A license, when issued, shall expire six months after it is issued.
The following terms, phrases and words and their derivations shall have the meaning given herein, and, as required, the present tense shall include the future, and words in the plural shall include the singular, and vice versa. The word "shall" is always mandatory and not merely directory.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" or "fraternal"; either actual or purported.
- CHIEF OF POLICE
- The Chief of Police of the Village of Spring Valley or a representative authorized by the Chief of Police to perform the acts of the Chief of Police in accordance with this chapter.
- Includes the words "alms," "food," "clothing," "money," "subscription," "property" or "donation" under the guise of a loan of money or property.
- ESTABLISHED PLACE OF BUSINESS
- A building or structure which is operated as a regularly established place of business and from which a person transacts business and deals in goods, wares or merchandise or performs services or solicits orders for the same on a continuing and ongoing basis.
- HAWKING and PEDDLING
- Engaging in either:
- (1) The business of selling or attempting to sell or soliciting orders for the sale of any property or any services, by going from house to house, place of business, nonpermanent location or any combination thereof; or
- (2) Soliciting contributions for any persons, organization, entity or any other person, by going from house to house, place of business, nonpermanent location or any combination thereof.
- ICE CREAM
- Includes the words "ice cream" and "ice cream products,"
soft or hard, "ices," whether dispensed in cups or bars, and other
similar items customarily sold by vendors of ice cream dispensed from
trucks or bicycle-type vehicles.[Added 2-15-2011 by L.L. No. 3-2011]
- Any individual, firm, copartnership, corporation, company, association or joint-stock association, church or religious sect, religious denomination, society, organization or league and includes any trustee, receiver, assignee, agent or other similar representative thereof.
- RELIGIOUS and RELIGION
- As used herein shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, of money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose as those purposes are defined in this chapter.
This chapter shall not apply to:
Any sale conducted pursuant to statute or by order of any court.
An honorably discharged member of the armed forces of the United States who is crippled or disabled as a result of injuries received while in military services and who has procured a license from the Rockland County Clerk, as provided by the General Business Law of the State of New York.
A wholesaler of articles to dealers or merchants engaged in selling such articles.
Merchants having an established place of business within the Village and the employees of such merchants, and any person vending at the express invitation of the customer or serving the latter on a regular and established basis.
A truck gardener or farmer who, himself or through his employees, sells products of his own farm or garden.
Dealers in milk, baked goods and heating oil, provided that they have otherwise complied with any licensing and health and safety requirements of any other competent governmental body or agency.
Persons peddling, soliciting or vending or collecting for the benefit of any bona fide fraternal, educational, religious or charitable organization; provided, however, that such organization shall have otherwise been certified or otherwise been duly qualified as required by law or by any competent governmental body or agency.
Any person selling goods, wares, commodities or services regularly to those who are his established customers, patrons or purchasers.
This chapter shall not apply to the sale of daily newspapers nor be interpreted as intending to, nor shall it be construed to, unlawfully interfere with the conduct of interstate commerce or impair the rights of free speech, press or publication and shall be construed as implementing and not as limiting the purposes and provisions of the New York State Home Solicitation Sales Act.
Solicitation for charitable purposes.
All persons and organizations soliciting funds solely for charitable or other purposes who or which are exempted from the license requirements under this chapter shall maintain and keep records identifying all persons soliciting funds within the Village, 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.
All persons and organizations soliciting funds for charitable purposes who or which are exempted from the license requirement under this chapter shall, prior to soliciting funds, provide the following information to the Chief of Police: the name, address and telephone number of a contact person; and the days and hours when solicitation of funds may be made. The persons or organizations soliciting funds shall also provide to each person authorized to solicit a letter identifying the person as one authorized to do so. This letter shall be produced upon the request of any police officer.
Every applicant for a license hereunder shall submit a verified written application to the Village Clerk supplying the following information:
Name, permanent home address and local address, if any, of applicant.
A detailed statement of the particular business, trade or occupation for which the license is requested and a description of the goods, wares, merchandise or commodities offered for sale.
The name and address of the person, firm or corporation, if any, he represents; the names and addresses of all partners, if a partnership; the names and addresses of the principal officers, if a corporation; and the name and address of a person upon whom legal process and notice may be served.
Prior arrests and the disposition thereof, including the date and nature of such arrest, and location of the court where such record or disposition is on file.
The number and kind of motor vehicles to be used in carrying on the business, and the registration, license and insurance data for such vehicle and operators thereof.
Three photographs, two inches by two inches in size, taken within 60 days immediately prior to the date of filing of the application, showing clearly the face, and shoulders of the applicant.
References as to the applicant's good character, such as at least two residents of Rockland County, or municipalities in Rockland or adjoining counties in which the applicant has conducted his business or operations.
If peddling or soliciting is to be conducted as a team, group or other organized party under single leadership or direction, control or sponsorship, the above-required personal information shall also be supplied as to such leadership or person in charge and with respect to each other person, employee or agent so involved.
If such applicant represents or is the agent for a principal, there shall be appended to the application a letter or other evidence of authorization or agency from the principal describing the nature and scope of such applicant's authority and any restrictions, limitations and conditions imposed on such applicant by the principal agency or organization he represents. In addition, copies of each order form, contract or other form or document to be utilized by the applicant in such sale or solicitation shall be attached to the application.
Where the applicant is offering for sale goods, merchandise or commodities required to be sold by weight, measure or count, as provided under Article 16 of the Agriculture and Markets Law of the State of New York, such application shall be accompanied by a certificate from the Sealer of Weights and Measures, having jurisdiction thereof, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Any additional information required by the competent Village office or agency in the interest of the health and safety and welfare of the citizens of the Village, including denials of license or their revocation by municipalities within six months of the present application.
A fee, the amount of which is set forth in Chapter 118 of this Code, shall be paid by each individual to be licensed hereunder, and said fee, payable to the Village Clerk, shall be applied to the cost of processing the license applications and otherwise enforcing and effectuating the objectives of this chapter, without, however, imposing an undue burden on the interstate business activities of any applicant, and provided further that any applicant may apply to the Village Clerk for an adjustment of such fee where the same appears discriminatory, unreasonable or unduly burdensome in the circumstances, as shown by affidavit and appropriate supporting evidence. Thereupon and with due deliberate speed, the Village Clerk shall determine whether the fee fixed hereunder is discriminatory, unreasonable or unduly burdensome on the applicant's interstate business activities and shall fix as the license fee an amount that is fair and reasonable in the circumstances and file a report thereon in the Clerk's records. Any applicant aggrieved by a determination of such Village official shall be advised of his right to appeal such decision to the Mayor, or his/her designated agent, whose determination shall be final.
When the application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Clerk, and the Clerk shall refer the original to the Chief of Police, who shall make or cause to be made within 10 working days such investigation of the applicant's business responsibility and character as he deems necessary for the protection of the public good.
If, as a result of such an investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such his/her disapproval and shall return said application to the Clerk. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
In the absence of any such finding, the Chief of Police shall find the application satisfactory, shall endorse his approval on the application and shall return the application to the Clerk.
Denial or issuance of license.
If an application is found unsatisfactory by the Chief of Police and he has endorsed his disapproval upon the application, the Clerk shall notify the applicant, by certified mail, that the application is disapproved and shall return the application to the Clerk.
Upon receipt of the fee, application and report of the Police Chief's investigation and upon compliance with all the requirements of this chapter, the Village Clerk shall issue a license to the applicant specifying the particular business authorized. This license shall be nontransferable. It shall be in continuous possession of the licensee while engaged in the business licensed. The license shall be produced upon the demand of any police or law enforcement officer and shall be exhibited to each prospective buyer or person solicited before making any offer or solicitation.
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately, and each shall pay a separate fee the amount of which is set forth in Chapter 118. Upon the expiration of a license, a new license will be issued upon compliance with all the provisions of this chapter and the payment of fees and the posting of the bond, except that the investigation and waiting period therefor may be waived if approved by the Clerk and Chief of Police.
Upon denial of a license the applicant is entitled to a refund of 50% of the fee paid.
Prior to the issuance of any license, the applicant shall file with the Village Clerk a bond running to the Village in the amount of $1,500, with good and sufficient surety, in such form as shall be approved by the Village Attorney or his designated representative. Said bond shall remain in force 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 and to indemnify or reimburse any purchaser of personal property from the holder of the license in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or said licensee's agents, servants or employees either at the time of making sale or through any advertisements printed or circulated with reference to such personal property or parts thereof.
The Village 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 Village or the protection given herein to the residents.
A licensed peddler or solicitor shall not:
Resort to deceptive acts or practices, physical abuse, threats, intimidation or harassment in the course of conducting his business or offer for sale any provision, food or merchandise that is unwholesome, unfit, deleterious or harmful to the user of consumer thereof.
Peddle at or solicit a private residence which has displayed a sign bearing the words "No peddling or soliciting" or words of like intent, nor shall any licensee remain on the premises after the owner or occupant thereof shall have requested his departure therefrom.
Keep the vehicles and receptacles used by him in an unclean and unsanitary condition, nor the foodstuffs and edibles offered for sale uncovered and unprotected from dirt, dust, insects, contamination or spoilage, or as otherwise required by any competent municipal health authority.
Vend his goods, wares and merchandise in any location within 250 feet of any other peddler, solicitor and/or private business vending goods, wares and merchandise of a similar nature.
Sell any confectionary or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Permit any vehicle used by him to stop or remain in any crosswalk.
Use any noisy device to attract public attention to his wares or shout or cry out his wares, except that peddlers of ice cream and ice cream products for immediate consumption may employ a bell or music limited to not more than 30 seconds at each stop.
[Amended 2-15-2011 by L.L. No. 3-2011]
Assign or transfer his license to any other person, and any transfer to or use of such license by any other person shall be a violation and shall automatically thereupon terminate such license.
Fail to carry his license upon his person or to exhibit the same upon demand to any police, Village officer or citizen being solicited or involved in a transaction with him.
Fail to present the items being offered for sale upon the demand of any police officer or Village code enforcement.
Frequent any street, sidewalk or public place so as to cause a private or public nuisance.
Sell or solicit except between the hours of 9:00 a.m. and 8:00 p.m., except that peddlers of ice and ice cream products for immediate consumption may sell or solicit from June 21 through Labor Day only between the hours of 9:00 a.m. and 9:00 p.m.
[Amended 2-15-2011 by L.L. No. 3-2011]
Fail to leave all premises promptly upon request of any occupant of such premises.
Prohibited areas. No peddling shall be permitted in the following areas and locations:
Within 100 feet east and west of West Street between Church Street on the south and Myrtle Avenue on the north, and no peddling is permitted within 100 feet east and west of Myrtle Avenue between Church Street on the south and Maple Avenue on the north.
Within 250 feet of any school in the Village between the hours of 8:00 a.m. and 4:00 p.m. on school days.
[Amended 2-15-2011 by L.L. No. 3-2011]
Within 100 feet east and west of Main Street between Central Avenue and Columbus Avenue.
Within Memorial Park or 100 feet therefrom, except that peddlers of ice cream and ice cream products for immediate consumption may sell their wares adjacent to Memorial Park if their vehicles do not block the movement of pedestrians into or out of Memorial Park.
[Amended 2-15-2011 by L.L. No. 3-2011]
Stationary booths, stands, wagons prohibited. No license shall be granted to any person to sell any article from a booth or a stand or from a wagon to remain stationary in any one place.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor, and which shall contain a notice of right of cancellation as below set forth.
As more fully provided and set forth in the New York State Home Solicitation Sales Act, which is incorporated herein by reference as to rights, remedies and procedures in any sale, order for purchase or agreement to buy which was induced by or the result of harassment, intimidation, abusive conduct, misrepresentation of material facts or high-pressure tactics by the solicitor, any person or consumer shall have the right of cancellation as therein set forth upon giving written notice to the solicitor, by mail properly addressed and postage prepaid, and notice, the language or tenor of which makes clear the purchaser's intention to return such goods, wares or merchandise, will be sufficient. In such event, the seller's failure to tender to the buyer all payments made by the buyer, with an acknowledgment of his cancellation of the order, shall be deemed a violation of this chapter and shall subject the licensee to any penalties hereunder, in addition to any penalties provided under the New York State Home Solicitation Sales Act.
[Added 2-15-2011 by L.L. No. 3-2011; amended 4-26-2011 by L.L. No. 10-2011]
The number of peddler licenses to be issued by the Village Clerk for the sale of ice cream dispensed from trucks or bicycle-type vehicles is limited to six. The license shall be effective from March 1 through October 31 of each year.
Licenses issued under the provisions of this chapter may be revoked by the Village Clerk after written notice and a hearing for violation of this chapter.
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed to the licensee at least 10 days prior to the date set for the hearing except as below set forth.
Licenses can be revoked for any of the following causes:
Fraud, misrepresentation or a materially incorrect statement contained in the application for a license.
Fraud, misrepresentation or a materially incorrect statement made in the course of carrying on the business of solicitor, peddler, distributor or transient merchant.
Any violation of this chapter.
Conviction of any crime, misdemeanor or violation.
Conducting the business of peddler, solicitor, distributor or transient merchant in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
In addition to the foregoing, the Village Clerk may forthwith temporarily suspend any license issued pursuant to this chapter upon receiving information giving reasonable cause to believe that any licensee hereunder has either violated this chapter by an act involving moral turpitude, physical abuse, threats, intimidation or harassment or has been convicted of any violation of this chapter or of any crime or offense endangering the peace, safety, health or general welfare of the inhabitants of this Village. Within 10 days after such suspension, the Village Clerk shall conduct a hearing and issue his or her determination as to whether the license shall be revoked or reinstated. If such hearing or determination is not made within said ten-day period, the license shall be restored automatically.
In addition to the foregoing, a police officer may arrest a licensee who refuses to present the items being offered for sale upon the demand of any police officer. As a condition precedent to such arrest the police officer must cite to the licensee § 183-10A(10) and the licensee must thereafter continue to offer items for sale without showing them to the police officer.
Any licensee aggrieved by any action or determination of the Village Clerk hereunder may appeal to the Mayor of the Village of Spring Valley or any agent or agency he may designate, within 14 days after notice of the action or determination complained of has been mailed to his last known address, by filing a written statement setting forth fully the grounds for appeal. The Mayor or his or her agent shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant's last known address at least five days prior to the date set for the hearing. The decision and order of the Mayor or his or her agent on such appeal shall be final and conclusive.
The Village Clerk shall keep a record of all applications and of all licenses granted hereunder, giving the number and date of each license, the name and residence of the person licensed, the license fee paid and also the date of revocation of licenses revoked, if any.
Any person violating the provisions of this chapter shall be liable to a fine of not more than $500 for a first violation and not more than $1,000 for each additional violation and/or not more than 15 days in jail, and each day of such violation shall constitute a separate offense.
The Police Department of the Village of Spring Valley and/or the code enforcement officials employed by the Village elsewhere in this Code shall have the power, right and authority to issuance an appearance ticket for the violation of any section of this chapter.