[HISTORY: Adopted by the Board of Trustees
of the Village of Islandia 11-2-1989 by L.L. No. 9-1989.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 127, Peddling and Soliciting, adopted 1-26-1988 by L.L. No. 14-1988.
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."
A.
CHARITABLE ORGANIZATIONS
FOOT LICENSE
HELPER
LICENSE
PEDDLER
PERSON
PRIOR INVITATION
STATIONARY LICENSE
The following definitions shall govern the interpretation
of this chapter unless otherwise expressly defined herein:
Any benevolent, philanthropic, patriotic or eleemosynary
organization or municipal corporation or agency thereof.
License issued to a peddler who goes from place to place
on foot.
Any person assisting a peddler to peddle.
License issued to a peddler.
Includes any person, whether a resident of the Village of
Islandia or not, traveling by foot, wagon, automotive vehicle or any
other type of conveyance from place to place, from house to house
or from street to street or from any vehicle standing in the street,
and offering for sale goods, wares, services to be performed in the
future or merchandise or provisions of any kind or description, offering
and exposing the same for sale or making sales and delivering articles
to purchasers, or who shall sell or offer the same for sale, and further
provided that one who solicits orders and, as a separate transaction,
makes deliveries to purchasers as a part of a plan to evade the provisions
of this chapter, shall be deemed a "peddler" subject to the provisions
of this chapter. The word "peddler" shall include the words "hawker"
and "huckster."
Any natural person, partnership, association, corporation
or other legal entity or any agent, servant or employee thereof.
An express request or grant of permission to visit for the
purpose of peddling.
The license issued to a peddler who, without going from place
to place, sells or offers his goods or merchandise for sale from a
vehicle.
B.
Words used in the singular shall include the plural
and vice versa. The word "shall" is always mandatory.
A.
It shall be unlawful for any person, except as exempted herein, to engage in the business of peddler, as defined in § 127-3 of this chapter, within the corporate limits of the Village of Islandia without first obtaining a license therefor from the Village Clerk as provided herein.
B.
It shall be unlawful for any person to assist a peddler
within the Village of Islandia without first having obtained a license
from the Village Clerk as provided herein.
A.
Applicants for a license under this chapter must file
with the Village Clerk a sworn application in writing which application
shall give the following information:
(1)
Full identification of the applicant, including proof
thereof by voter's registration card, vehicle operators license or
some other acceptable method of identification, along with age, height,
weight, color of eyes and hair and date of birth, with the residence
and office address for the past three years.
(2)
A statement as to whether or not the applicant has
ever been convicted of a felony, misdemeanor or violation of any municipal
local law except with relation to illegal parking, and if so, what
court, when, where and upon what charges and the sentence of the court.
(3)
The identification of the goods, wares, services or
merchandise which the applicant intends to sell.
(4)
The address of which the applicant will receive notices
under this chapter.
(5)
If a vehicle is to be used, a description of such
vehicle and its license number and proof of a valid New York State
driver's license and registration for the same.
(6)
The name and address of the employer or principal,
if any, and the nature of the business activities thereof.
(7)
The nature of the business or activity in which the
applicant wishes to engage within the village.
(8)
The time period within which the sales, goods, wares
or merchandise will be conducted.
(9)
A current 1 x 3 photograph of the applicant to be
used as part of the license card to be issued.
(10)
Whether the applicant has been previously licensed
in any occupation and, if so, when, where and for what period and,
if such previous license was ever revoked, the date of the revocation
and the reason therefor.
(11)
A statement that the applicant is a citizen
and whether the citizenship was obtained by birth or naturalization;
if by naturalization, the date and place where obtained. If the applicant
is a legal alien, the number on his alien registration card and the
date of entry into the United States.
(12)
The applicant's consent to fingerprinting by the appropriate police officials as a part of the investigation provided for in § 127-6 hereof.
(13)
If the applicant is a company or corporation, then the consent by the principal officers of the same to fingerprinting by the appropriate officials as a part of the investigation provided for in § 127-6 hereof.
(14)
The applicant shall furnish the Village Clerk
with a full set of the applicant's fingerprints.
(15)
If the application is for a license to handle
food in any form, the applicant shall submit proof that he or she
has complied with the provisions of the Suffolk County Public Health
Ordinance.
(16)
If the applicant is a company or corporation,
the name, address and title of the officer upon whom process or other
legal notice may be served.
B.
Any change in circumstances with regard to the information
provided in the application or on the license shall be reported to
the Village Clerk within 30 days.
C.
Upon submission of said application, with the supporting
evidence and the payment of the fee as aforesaid, the Village Clerk
shall issue to the applicant a license in the form of a card which
shall, unless revoked, entitle the peddler to engage in the activities
applied for, for a period of one year from the date of issuance; provided,
nevertheless, that licenses may be renewed annually upon payment of
the fee hereinabove provided.
A.
Upon receipt of any application, the original shall
be referred to the Village Clerk, who shall cause such investigation
of the applicant's business and moral character to be made as he deems
necessary for the protection of the public good, which may include
a police record check.
B.
Following an investigation of the applicant's business and moral character, the Village Clerk may deny the application for a license for any of the causes for which a license may be revoked as set forth in § 127-15.
[Amended 5-5-1994 by L.L. No. 2-1994]
C.
Upon approval of an application, the Village Clerk
shall endorse, on the application, his approval and, upon payment
of the prescribed fee, issue a license to the applicant. The license
shall contain the following information:
(1)
The signature of the Village Clerk and the Village
Seal.
(2)
The name and address and have affixed a photograph
of the peddler.
(3)
The type of license issued.
(4)
A description of the goods to be sold thereunder.
(5)
The date of issuance of the license.
(6)
The date of expiration of the license.
(7)
The license number and other identifying description
of any vehicle used by the peddler.
A.
A license shall not be assignable. Any holder of such
license who permits it to be used by any person shall be guilty of
an offense against this chapter.
B.
No applicant to whom a license has been refused or
who has had a license which has been revoked shall make further application
until a period of at least 12 months shall have elapsed since the
date of the previous rejection or revocation unless he can show the
reason for such rejection or revocation no longer exists.
C.
Every peddler, while exercising his license, shall
carry the license with him and shall exhibit the same upon demand
to any police officer or other law enforcement official or citizen.
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.
A.
Any resident of the Village of Islandia not wanting
to be visited or called upon by peddlers for the sale of goods, wares
or merchandise may register at the office of the Village Clerk in
a list of registrants of the Village of Islandia who do not desire
to be visited or solicited at their homes in the following manner:
(1)
Said resident or residents shall either personally
appear or, on forms supplied by the Village Clerk, register with the
Village Clerk advising that said resident or residents do not want
peddlers to call at their home.
(2)
The Village Clerk shall keep on file at all times
a registration book showing the names and addresses of the residents
of the Village of Islandia who have registered as not wanting peddlers
to call at their homes.
(3)
Said residents, in addition, shall be furnished a
sticker by the Village Clerk, which may be affixed to the front door
of the resident's principal residence advising that no peddlers merchandise
can be sold.
B.
Every applicant shall personally read said list of
residents of the Village of Islandia who are registered as not wanting
to be approached or contacted for the sale of goods, wares, services
or merchandise and will sign an affidavit that said list has been
reviewed by the applicant, and the applicant shall purchase from the
Village Clerk a photostatic copy of said list at a charge to be set
by resolution of the Board of Trustees.
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.
A.
It shall be unlawful for any person to enter upon
private or public property for the purpose of peddling before the
hour of 9:30 a.m. or after the hour of 4:30 p.m., Monday through Friday,
exclusive of holiday days, except upon the invitation of the householder
or occupant.
B.
No sales will be permitted on Saturday or Sunday.
C.
No peddler shall peddle, vend or sell his goods, wares
or services or merchandise within 500 feet of any church or place
of worship or any place occupied exclusively as a public or private
school or for school purposes.
D.
No peddler nor any person on his behalf shall cry
out, blow a horn, ring a bell or use any sound amplifying system upon
any of the streets, alleys, parks or other public places of said town
or upon any private premises or any other places in said village.
E.
No peddler shall peddle, vend or sell his goods, wares or merchandise to residents registered pursuant to § 127-10 of this chapter.
F.
In the interest of public safety and due to traffic
hazards caused by stopping of motor vehicles and traffic congestion
on all county roads and village roads in the Village of Islandia during
the hours set forth herein, no person shall park any vehicle, cart,
wagon or trailer between the hours of 8:00 a.m. and 8:00 p.m. upon
any county roads and village roads in the Village of Islandia, including
but not limited to the following enumerated roads or within 25 feet
of the paved portion thereof or within 200 feet from the point where
any county road intersects any other road for the purpose of peddling:
G.
No person shall enter upon residential property for the purpose of selling, hawking or otherwise disposing of, in exchange for money, any goods, wares, services to be delivered or performed at a future date, unless such person enters by prior invitation of an occupant at that residence. This subsection shall not apply to persons selling goods or services on behalf of a charitable organization as provided in § 127-13.
H.
No person shall peddle, vend or sell his goods, wares,
services or merchandise in any congested area when or where such activity
may impede, endanger or inconvenience the public or add to the congestion
of such place or area.
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.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Village Board of the Village of Islandia after
notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of a felony or misdemeanor which misdemeanor,
in the judgment of the Village of Islandia, rendered the applicant
unfit or undesirable.
(5)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general well-being
of the public.
B.
Notice of a hearing for revocation of a license shall
be given in writing setting forth specifically the grounds of complaint,
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
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.
