This chapter is enacted for the purpose of regulating
itinerant merchandising in order that the peace, health, safety, welfare
and good order of the village and its inhabitants shall not be endangered
or unduly disturbed.
This chapter is to be known as the "Peddler's
Law."
Peddlers and helpers regulated by this chapter
shall carry their licenses at all times while engaging in the sale
of goods, services, wares or merchandise with the village and shall
show their licenses to residents in order to identify themselves prior
to any actual sale of such goods, services, wares or merchandise and,
in addition, shall comply with the following rules of conduct:
A. The peddler shall carry said license card at all times
and exhibit it upon request to any peace officer or to any person
upon whom the peddler shall call or with whom the peddler shall talk
in carrying on the licensed activities.
B. The peddler shall not permit any other person to have
possession of his license card and shall immediately report its loss
to the Village Clerk. The peddler shall not cause or permit said license
card to be altered or defaced.
C. The peddler shall not enter or attempt to enter any
dwelling house without invitation or permission of the occupant and
shall immediately leave any premises upon request.
D. The peddler shall not represent said license card
to be an endorsement of the peddler or of the peddler's goods, wares,
services or merchandise or of the goods, wares, services or merchandise
of the peddler's principal or employer.
E. The peddler shall immediately surrender said license
card upon revocation or expiration of the license as hereinbefore
provided.
The sale of goods, wares, services and merchandise
shall be permitted at any business establishment and upon any business
property, such as shopping center parking lots, during normal business
hours with the consent of the owner, manager or other person, firm
or corporation in charge of any such business establishment or business
property; provided, nevertheless, that any applicant who intends to
sell goods, wares or merchandise at or upon such locations shall,
at the time of application for the license as herein provided, exhibit
to the Village Clerk the written consent of the owner, manager or
other person, firm or corporation in charge of any such business establishment
or business property.
The provisions of this chapter, except the necessity
to obtain a license from the Village of Islandia, shall not apply
to the following:
A. Charitable or religious organizations. However, for
the purposes of this chapter, said charitable or religious organizations
must register with the Clerk of the Village of Islandia before engaging
in any peddling activities.
B. Honorably discharged veterans of the Armed Forces
of the United States who have obtained a veteran's license from the
Suffolk County Clerk to hawk, peddle or vend pursuant to law.
It shall be the duty of any police officer of
the Suffolk County Police Department and/or the Local Law Inspector
of the Village of Islandia to require any person who is engaged in
peddling to produce his peddler's license and to enforce the provisions
of this chapter against any person found to be violating the same.
Any person violating any provision of this chapter
shall be guilty of a violation and shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not to exceed 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand, notwithstanding the invalidity of any part.
Chapters or parts of chapters inconsistent herewith
are hereby repealed.
This chapter shall take effect immediately upon
filing with the Secretary of State.