CHAPTER 17

 

                    PEDDLERS AND SOLICITORS

 

§ 17.1  Short title

 

  This Chapter shall be known and may be cited as the "Village of Mineola Peddlers and Solicitors Law".

 

§ 17.2  Definitions

 

  1.  The term "Hawker" and "Peddler" as used in this Chapter shall mean and include, except as hereinafter expressly provided, any person, either principal or agent, who from any public street or public place or by going from house to house or place of business to place of business, on foot or on or from any vehicle, sells or barters, offers for sale or barters, or carries or exposes for sale or barter any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except milk, newspapers and food distributed on regular customer routes.

 

  2.  The term "Solicitor" as used in this Chapter shall mean and include any person who goes from place to place or house to house or by telephone or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers, dairy products or milk), or for services to be performed in the future or for making, manufacturing, or repairing any article or thing whatsoever for future delivery at the home or residence of any person who has been solicited prior thereto by telephone, or has responded to any type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.

 

§ 17.3  Exemptions

 

  A.  Generally.

 

  Nothing in this Chapter shall be held to apply to any sales:

 

  1.  Conducted pursuant to statute or by order of any court.

 

  2.  To any person selling personal property at wholesale to dealers in such articles.

 

  3. To persons under the age of eighteen (18) years.

 

 

§ 17.3                           MUNICIPAL CODE

 

  4.  To peddling of meats, fish, fruit and farm produce by farmers and person who produce such commodities.

 

  B. Interstate Commerce.

 

  This Chapter shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce shall apply to the Licensing Officer* for a certificate of compliance, using the form of application described in Subdivision A of § 17.5; the applicant shall also submit to the Licensing Officer satisfactory evidence that he or she is engaged in interstate commerce.

 

  C.  Certificate of compliance.

 

  When the applicant shall have established to the satisfaction of the Licensing Officer that he or she is engaged in interstate commerce, the Licensing Officer shall issue to him or her, without charge, a certificate of compliance, stating among other things, that such person has complied with the requirements of this Section and has satisfactorily established that he or she is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce shall constitute a violation of this Chapter.

 

§ 17.4  License required

 

  It shall be unlawful for any person within the limits of the Village to act as a hawker, peddler or solicitor as herein defined or assist same without first having obtained and paid for, and having in force and effect a license therefor, or having in force and effect a certificate of compliance.

 

§ 17.5  Application for license

 

  A.  Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a form furnished by the Village Clerk, and shall file at the same time satisfactory proof of good character. Such application shall give:

 

*Mayor is the Licensing Officer unless Mayor designates another Village Officer in writing.  Vil L   § 4‑400(1)[m].

 

                    PEDDLERS AND SOLICITORS              § 17.6

 

  1.  The number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired.

 

  2.  The kind of goods, wares and merchandise he or she desires to sell or the kind of service he or she desires to perform.

 

  3.  The method of distribution.

 

  4.  The name, address and age of the applicant.

 

  5.  Whether or not the applicant has been convicted of a misdemeanor or felony, and if so, give date of conviction, nature of offense, penalty imposed, and name and address of court.

 

  6. The name and address of the person, firm or corporation he or  she represents.

 

  7.  The length of time the applicant desires the license.

 

  8.  Such other information as may be required by the Licensing Officer to substantiate the above items.

 

  B.  If applicable, such application shall be accompanied by a certificate from the Director of Weights and Measures of the County certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.

 

§ 17.6  Bonds, when required

 

  An application for a license as a solicitor who demands, accepts or receives payment or deposit of money in advance of final delivery, shall also be accompanied by a cash deposit of One Thousand Dollars ($1,000.00) or a One Thousand Dollar ($1,000.00) surety company bond or other bond secured by sufficient collateral, said bond to be approved by the Village Attorney as to form and surety conditioned for making a final delivery of the goods, wares, or merchandise ordered, or services to be performed in accordance with the terms of such order or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have the right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the Village for a period of ninety (90) days after the expiration of any such license, unless sooner released by the Board of Trustees.

§ 17.7                         MUNICIPAL CODE

 

§ 17.7  Issuance of license

 

  A.  Licensing Officer to issue or deny.

 

  Upon the filing of the application, bond and certificate as provided in the preceding Section, and payment of the required fee, the Licensing Officer shall, upon his or her approval of such application, issue to the applicant a license as provided in § 17.4.  A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which in the judgment of the Licensing Officer renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The Licensing Officer may also refuse a license to any person who in his or her judgment shall be an undesirable person or incapable of properly conducting the trade or business for which the license is sought.

 

  B.  Appeal to Board of Trustees.

 

  Any applicant who has been refused a license by the Licensing Officer may apply to the Board of Trustees therefor, and the same may be granted or refused by the Board of Trustees as provided in § 15.3(D) of this Municipal Code.

 

§ 17.8  Use of license by another person prohibited

 

  A license shall not be assignable. Any holder of any license who permits it to be used by any other person, and any person who uses such license granted to any other person shall each be guilty of a violation.

 

§ 17.9  Loss of license

 

  Whenever a license shall be lost or destroyed on the part of the holder or his or her agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Licensing Officer upon the filing with him or her by the licensee of an affidavit setting forth the circumstances of the loss, and what, if any, search has been made for its recovery.

 

§ 17.10  Contents and form of license

 

  All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in that order in which they are issued and shall state clearly the kind

 

                PEDDLERS AND SOLICITORS                    § 17.15

 

of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his or her license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.

 

§ 17.11  Term of license

 

  Such license shall be for such term as requested by the applicant but shall expire not later than the thirty‑first day of December of the year in which the license is issued.

 

§ 17.12  Exhibition of license

 

  Every licensee, while exercising his or her license, shall carry the license with him or her and shall exhibit the same upon demand.

 

§ 17.13  License fees

 

  The license fees established by Resolution of the Board of Trustees shall be paid to the Village before engaging in any activity requiring a license pursuant to this Chapter.

 

§ 17.14  Revocation of license

 

  A license issued pursuant to this Chapter may be revoked as provided in Article I of Chapter 15.

 

§ 17.15  Prohibited acts

 

  A.  It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 A.M. of any day or after the hour of 7:00 P.M. of any day except upon the invitation of the householder or occupant.

 

  B.  It shall be unlawful for any peddler or solicitor in plying  his or her trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers", "No Solicitors", "No Agents", or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.

 

  C.  No peddler or solicitor shall peddle, vend, or sell his or her goods or wares within two hundred (200) feet of any place occupied exclusively as a public or private school or for school

§ 17.15                  MUNICIPAL CODE

 

purposes, nor shall he or she permit his or her cart, wagon or vehicle to stand on any public highway within said distance of such school property.

 

  D.  No peddler or solicitor shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No person shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or garage of any person or corporation in the Village.

 

  E.  No peddler or solicitor shall blow a horn, ring a bell, or use any other noisy device to attract public attention to his or her wares, or shout or cry out his or her wares, except as otherwise permitted in this Municipal Code.

 

  F.  It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.

 

  G.  No peddler or solicitor shall represent or state or otherwise indicate that he or she is not intending to sell or otherwise enter into a contract with any person in the household.

 

  H.  1.  Notwithstanding any other provision in this Chapter, no person shall enter upon any private residential property in the Incorporated Village of Mineola for the purpose of vending, peddling or soliciting an order for any merchandise, device, work, services, book, periodical or printed matter whatsoever; nor for the purpose of soliciting alms or a subscription or a contribution to any church, charitable or public institution; nor for the purpose of distributing in person any handbill, pamphlet, tract, notice or advertising material; nor for the purpose of selling or distributing any ticket or chance whatsoever without the consent of the occupant of said premises previously given.

 

      2.  Exception. This Subdivision shall not apply to organizations, the principal beneficiaries of which are minors, volunteer fire departments, and the solicitation of members of an organization, society or church by its own members.

 

  I.  Any contract or sale made in violation of Subdivisions D, G or H shall be null and void and of no effect as to the person solicited, and any merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due


                 PEDDLERS AND SOLICITORS                   § 17.20

 

and payable jointly and severally by the peddler or solicitor and his or her principal.

 

§ 17.16  Orders

 

  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 made 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 is paid to the solicitor.

 

§ 17.17  Records

 

  It shall be the duty of the Village Clerk to keep a record of all applications and of all licenses granted under the provisions of this Chapter, giving the number and date of each license, the fee paid and the date of revocation of all licenses revoked.

 

§ 17.20  Penalties for violations

 

  The violation of any provision of this Chapter shall be punishable as set forth in Section 1.10 of this Code. [Amd. LL #2, 2000, 1/5/2000.]

 

 

Cross-references:

   Suspension, revocation or denial of licenses. Chapter 15 Art. I.

 

References:

   Arrest of peddler refusing to produce license. Gen Bus L § 34.

      false imprisonment, action barred. Gen Bus L § 34.

   Charitable organizations; prohibiting all door to door solicitations or requiring license granted by sole            discretion of clerk; or requiring residence, fingerprints, photographs, or levying a fee is in restraint of exercise of the First Amendment, US Const. 1979 Op Atty Gen, Mar 26 (Inf.).

   Discrimination against nonresidents. Gen Mun L § 80.

   Door to door sales protection act. Pers Prop L § 425 et seq.; De Rouville v EFG Baby Prods., 67 Misc2d 508;          40 AD2d 736; Vom Lehm v Astor Art Galleries, 86 Misc2d 1.

   Farm produce, exemption from regulating. Gen Mun L § 81.

   Interstate commerce.

      Licensing and taxation of hawking and peddling does not violate commerce clause.  However, solicitation of        orders with subsequent interstate shipment is immune from such an exaction. Emert v Missouri, 156 US 296, 39 L Ed 430, 15 S Ct 367; Crenshaw v Arkansas, 227 US 389, 57 L Ed 565, 33 S Ct 294. See also Gen Mun L       § 80.

      Prior permission to call; not prohibited by Constitution. Beard v Alexandria, 341 US 622, 95 L Ed. 1233,  71 S Ct 920, 35 ALR2d 335. Cf. Project 80's Inc. v City of Pocatello, 942 F2d 635 (9th Cir 1991).

   Regulations. Du Chein v Lindsay 42 AD2d 100, affd 34 NY2d 636.

   Solicitations, licensing for, is reasonable. People v Framer, 208 Misc 236.

   Street peddlers. Excluding peddlers from congested streets is within police pwoer of municipality. People v          Christian, 96 Misc2d 1109.

   Veterans; crippled, exceptions as to licensing. Gen Bus L § 35.

      licenses. Gen Bus L § 32; Tn of Greenville v McComb, 94 Misc2d 930.

      widow of honorably discharged veteran. Gen Bus L § 32.

   Violation, definition. Penal L § 10.00; § 55.10(2).

   Violation, fine cannot exceed $250.00. Vil L § 20-2006(1); see also Penal L § 80.05(4).

   Violations, sentence of imprisonment may not exceed 15 days. Penal L § 70.15(4).

                             [See also annotations p. 15.14.]