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.