[HISTORY: Adopted by the Town Board of the Town of Smithtown 5-9-1972 as L.L. No. 1-1972. Amendments noted where applicable.]
It is hereby declared that the regulation of the hours of commercial and business activity on Memorial Day and Independence Day is in the best interests of the Town of Smithtown and its residents so that such commercial activity shall not conflict with the appropriate ceremonies and proper observance of the respective days.
All commercial and business activities on Memorial Day and Independence Day shall be suspended until 1:00 p.m. on the aforesaid days, except that when the same are works of necessity, they may be performed at any time on those days in an orderly manner so as not to interfere with the proper observances of said days.
All manner of public selling or offering for sale of any property on Memorial Day and Independence Day shall be suspended until 1:00 p.m. on the aforesaid days, except as follows:
A. 
Articles of food may be sold, served, supplied and delivered at any time before 10:00 a.m.
B. 
Meals may be sold to be eaten on the premises where sold at any time of the day.
C. 
Caterers may serve meals to their patrons at any time of the day.
D. 
Prepared tobacco, bread, milk, eggs, ice, soda water, fruit, confectionery, souvenirs, newspapers, gasoline, oil, tires, drugs, medicines and surgical instruments may be sold and may be delivered at any time of the day.
E. 
Grocers, delicatessen dealers and bakers may sell, supply, serve and deliver cooked and prepared foods, and roadside stands selling fresh vegetables and other farm produce and bait stores may sell, supply, serve and deliver merchandise usually sold by them at any time of the day.
F. 
Nothing contained in this chapter shall be construed as permission to carry on commercial or business activity, except as otherwise regulated by law.
G. 
Nothing contained in this chapter shall be construed as prohibiting the sale of alcoholic beverages by persons, firms or corporations holding licenses or permits issued under the provisions of the Alcoholic Beverage Control Law.
H. 
The sale of cut flowers, wreaths and plants to be used for purposes consistent with observance of Memorial Day and Independence Day.
The Suffolk County Police Department shall administer and enforce all provisions of this chapter.
Any persons, associations, partnerships or corporations violating any provision of this chapter shall be guilty of an offense and shall be punishable by a fine not exceeding $250 or by imprisonment for 15 days, or by both fine and imprisonment.