[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-28-1960 by Ord. No. 4.2 of the Unified Code of Ordinances of 1960 (Ch. 83, Art. I, of the
1968 Code)]
No person shall engage in a transient retail
business in the Village without first obtaining a license therefor.
As used in this article, the following terms
shall have the meanings indicated:
- TRANSIENT RETAIL BUSINESS
- One conducted in a store, hotel, house, building or structure for the sale of retail goods, wares or merchandise, excepting food products, and which is intended to be conducted for a temporary period of time and not permanently. If the place in which a business is conducted is rented or leased for a period of six months or less, such fact shall be presumptive evidence that the business carried on therein is transient retail business.
Pursuant to the provisions of the General Municipal
Law as amended, a tax shall be levied upon all persons or corporations
now conducting or who may hereafter conduct a transient retail business
in the Village of Patchogue. Such tax shall be based upon the gross
amount of sales and shall be at the same rate as other property is
taxed for the year in the Village of Patchogue. If at the time such
tax becomes due and payable the tax rate for the current year of the
Village has not been fixed, the same shall be estimated by the Assessor
thereof.
Before a license is issued, the applicant therefor
shall file with the Village Clerk a cash deposit or bond, in an amount
not less than $100 and not more than $500, the amount to be fixed
by the Mayor in proportion to the estimated amount of business to
be done under such license, conditioned that such person or corporation
will make a full and complete report of the gross amount of sales
made in such transient retail business in the Village of Patchogue,
and shall file such reports as may be required with the Village Clerk,
and will faithfully comply with the General Municipal Law in relation
to taxation of transient merchants and with the provisions of this
article and will pay the amount of the tax therein levied, said bond
to be approved by the Village Attorney as to form and manner of execution
and by the Mayor as to its sufficiency.
The person receiving such license shall, before
the beginning of said business, file with the Village Clerk a verified
report of the stock on hand, the aggregate value thereof, with which
it is intended to conduct said business; shall thereafter as further
stock is received, within two days after the receipt thereof, file
a verified report with the Village Clerk of such added stock and of
the aggregate value thereof, and shall on Monday of each week file
a verified report of the stock sold during the preceding week and
the amount for which the same was sold, and at the completion of said
transient retail business shall file a verified report setting forth
the total amount of stock and the total amount for which it was sold.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
[Adopted 1-27-1997 by L.L. No. 3-1997 (Ch.
54 of the 1968 Code)]
No person shall engage in the business of a
hawker or peddler in the Village without first obtaining a permit
to do so.
As used in this article, the following terms
shall have the meanings indicated:
- HAWKER or PEDDLER
- Any person traveling by foot, wagon, automotive vehicle or other conveyance from street to street, from house to house or from place to place, carrying or transporting goods, wares, merchandise, and offering the same for sale, except one engaged in the peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
Nothing herein contained shall prohibit hawking
or peddling by an honorably discharged soldier, sailor or marine who
is crippled as a result of injuries while in the naval or military
service of the United States, or the holder of a license granted pursuant
to § 32 of the General Business Law.
A.
No person shall keep or maintain at any fixed point
on the streets, highways or public places in the Village of Patchogue
any portable stand or vehicle for the purpose of hawking or peddling
therefrom for more than 30 minutes, except that the Board of Trustees
may grant permission extending such period of time when beneficial
to the public interest.
B.
Parking for such thirty-minute periods at any Village,
park or recreational facility shall be permitted only under direction
of the Superintendent of Recreation with regard to preserving public
safety and welfare. Any person who shall violate the reasonable directions
of the Superintendent of Recreation or any authorized Village representative
with respect to regulation of such parking shall be deemed in violation
of this section and shall be subject to revocation of his permit under
this article.
No person shall keep or maintain at any point
within 500 feet of any business selling substantially similar merchandise
on the streets, highways or public places in the Village of Patchogue,
any portable stand or vehicle for the purpose of hawking or peddling
therefrom.[1]
[1]
Editor's Note: Original § 54-6,
Fees, which immediately followed this section, was repealed 2-9-1998
by L.L. No. 2-1998.
No person shall keep or maintain at any point
within 100 feet of the perimeter of any premises used or maintained
for school purposes, on the streets, highways or public places in
the Village of Patchogue, any portable stand or vehicle for the purposes
of hawking or peddling therefrom.[1]
[1]
Editor's Note: Original § 54-8,
Insurance requirement, and original § 54-9, Peddling/hawking
during parades, which followed this section, were repealed 2-9-1998
by L.L. No. 2-1998.
