This Article is to be known as the "Peddlers Ordinance."
[Amended 9-21-1982; 7-24-1990; 5-21-1992; 4-5-1994; 7-22-2003; 10-6-2009]
To procure a license required under §
215-3, or any renewal thereof, a verified application shall be made to the Department of Public Safety setting forth the following information:
A. The name and residence address of the applicant. If the applicant
is a corporation, partnership or other business entity, the applicant
shall also provide the name and address thereof and the names and
residence addresses for all principals, officers, directors, partners
and members.
B. The residence and business addresses of the applicant during the
past five years. If the applicant is a corporation, partnership or
other business entity, the applicant shall also provide the business
and residence addresses for all principals, officers, directors, partners
and members.
C. The applicant's business(es) for the past five years. If the applicant
is a corporation, partnership or other business entity, the applicant
shall also provide the business(es) for all principals, officers,
directors, partners and members for the past five years.
D. If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship.
E. If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification, including
a copy of vehicle registration and insurance card.
F. The applicant shall provide a New York State sales tax number.
G. Individual photographs (three of each principal, each two inches
by two inches).
I. If the applicant is a corporation, partnership or other business
entity, the applicant shall furnish the name, address, and date of
birth of each and every principal, officer, director, partner, and
member, as well as the percent of ownership interest of each such
person, and an affidavit from each such person describing his or her
duties and responsibilities.
J. The applicant shall provide a record of a prior conviction or convictions
of any crime for which the applicant plead or was found guilty. If
the applicant is a corporation, partnership or other business entity,
it shall also provide a record of a prior conviction or convictions
of any crime for which it plead or was found guilty.
K. The applicant shall provide a list of any and all pending lawsuits
to which it is a party and an explanation of each pending lawsuit,
including any civil, criminal or administrative proceeding.
L. The applicant shall provide any other information or documentation
required by the Town Clerk and/or Department of Public Safety for
the purpose of implementing the intent of this chapter.
[Amended 9-4-2018]
For each vehicle licensed under this article, the Town Clerk
shall issue a license card which shall bear the word "peddler," the
number of the license and the calendar year for which such license
is issued, in figures plainly discernible. Said license card shall
be displayed in each vehicle in a conspicuous place and shall be kept
clear and readable at all times.
Every peddler licensed under this Article shall have his license
in his immediate possession at all times when peddling and shall display
the same upon demand of any person.
No license or license plate issued under the provisions of this
Article may be transferred from one person to another person or from
one vehicle to another vehicle.
[Amended 10-6-2009]
The following organizations and individuals shall, upon supplying the requisite proof to the Clerk of the Town of Smithtown, be exempt from §§
215-3B,
215-3C and
215-4 of this article:
A. Charitable, religious, or other not-for-profit organizations. However,
for the purposes of this article, said organizations must register
with the Clerk of the Town of Smithtown and provide proof of organizational
status 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.
C. Persons maintaining a regular delivery route in the Town of Smithtown.
D. Commercial salesmen or deliverymen calling exclusively upon retail
or wholesale establishments or other business firms within the Town
of Smithtown.
It shall be the duty of any police officer of the Suffolk County
Police Department and/or the Ordinance Inspector of the Town of Smithtown
to require any person who is engaged in peddling to produce his peddler's
license and to enforce the provisions of this Article against any
person found to be violating the same.
[Amended 8-24-1982]
Any person, firm, association or corporation violating any of
the provisions of any ordinances of the Town of Smithtown shall be
guilty of an offense punishable by fine or imprisonment, or both;
however, for the purpose of confirming jurisdiction upon courts and
judicial officers, such violations shall be deemed to be misdemeanors,
and for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of any ordinance of the Town of Smithtown shall be subject to a penalty
in a minimum sum of $750 for the first such violation, $1,500 for
the second such violation and $2,500 for any subsequent violation,
said penalties to be recoverable in a civil action in the name of
the Town of Smithtown as damages.