[Adopted 8-5-1980]
This Article is to be known as the "Peddlers Ordinance."
[Amended 10-6-2009]
A.
PEDDLE
PEDDLER
REGISTER
TOWN
The following definitions shall govern the interpretation of this
Article unless otherwise expressly defined herein:
The act of 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 and offering or exposing for sale goods,
wares, merchandise or provisions of any kind or description, or making
sales and delivering articles to purchasers or otherwise offering,
exposing or selling the same.
Any natural person or any organization or entity that peddles,
as herein defined, whether directly or indirectly, and whether in
person or through another person or employee.
To supply to the Clerk of the Town of Smithtown the name
and address of an organization or entity, together with the dates
that said organization or entity will engage in peddling activities
within the Town of Smithtown.
Includes all areas within the Town of Smithtown, exclusive
of areas wholly within any incorporated village.
B.
Words used in the singular shall include the plural and vice versa.
The word "shall" is always mandatory.
[Amended 10-6-2009]
A.
It shall be unlawful for any person under the age of 16 to peddle
within the Town of Smithtown, unless accompanied by a parent or legal
guardian.
B.
It shall be unlawful for any person to peddle within the Town of
Smithtown without first having obtained a valid license therefor,
as provided hereunder.
C.
Every employer who hires a person to peddle on its behalf without
first having obtained a valid license therefor shall be subject to
the penalties hereunder.
[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 10-6-2009]
A.
All applications and documentation shall be submitted to the Department
of Public Safety. Upon receipt of any such application and documentation,
the Department of Public Safety shall review same and shall verify
the truth and accuracy of said application and documentation. The
Department of Public Safety, in order to establish the truth and accuracy
of the information contained in the application, may request any information
pertinent to the processing of said application and may, as necessary,
request any additional information during the application process
and for the entire term of said permit. If the Department of Public
Safety cannot confirm the truth or accuracy of said material contained
in the application; or if it determines that a material misrepresentation
is contained therein; or if the applicant shall have been convicted
of a misdemeanor or felony which is determined to render the applicant
unfit to carry on the aforesaid operation; provided, however, that
proper consideration is given to New York State Correction Law §§ 701
through 703-b and §§ 751 through 753 in making any
such determination; or if it determines the applicant to be unfit
or incapable of properly conducting the aforesaid operation, it shall
issue a report to the Town Clerk, who shall deny said application.
The Town Clerk shall notify the applicant within 30 days after receipt
of a completed application as to whether the application shall be
approved or denied. If the application is denied and the applicant
has been operating within the Town prior to the denial, then the applicant
shall discontinue all operations within the Town of Smithtown within
15 days of such notification. An applicant who is denied a permit
hereunder may request a review by the Town Board, which shall, upon
such request, review the basis for such denial and shall determine
whether such denial shall be affirmed or reversed.
B.
The Town Clerk shall issue licenses pursuant to the requirements of this article, except for any such license that is to be denied pursuant to § 215-5A.
C.
The Town Clerk shall keep a record of all licenses issued.
A.
If the applicant's business involves the use of scales or measures,
the Town Clerk shall not issue any license until such time as there
has been filed with him a certificate by the Suffolk County Sealer
of Weights and Measures that the applicant's scales or measures have
been tested or sealed.
B.
If the application is for a license to handle food in any form, the
Town Clerk shall not issue the license until there has been submitted
to him evidence that the applicant has complied with the provisions
of the Suffolk County Public Health Ordinance.
A.
For each person proposing to peddle, whether on foot or from a licensed
vehicle: $25.
[Amended 11-20-1984; 9-4-2018]
B.
For each commercial or suburban vehicle: $25.
[Amended 11-20-1984; 9-4-2018]
C.
The annual fee herein provided for shall be assessed on a calendar-year
basis, and all licenses shall expire on the 31st day of December immediately
following the date of issuance. There shall be no reduction in fees
for fractional parts of the year.
[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.
A.
No peddler, including those otherwise exempt from this Article, may
remain in a stationary location in the public streets, nor shall any
peddler be permitted to operate in any congested area where his operation
might impede or inconvenience the public. For the purpose of this
Article, the judgment of any police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
[Amended 10-6-1981]
B.
No peddler, including those otherwise exempt from this Article, shall
conduct business on the following roads within the Town of Smithtown
or within the lines of the following highways or within a distance
of 250 feet therefrom of any intersecting street:
A.
It shall be unlawful for any person to enter upon private or public
property for the purpose of peddling before the hour of 8:00 a.m.
of any day or after sundown of any day, except upon the invitation
of the householder or occupant.
[Amended 9-4-2018]
B.
No peddler shall peddle, vend or sell his goods or wares within 200
feet of any church or place of worship or any place occupied exclusively
as a public or private school or for school purposes.
C.
No peddler, nor any person in his behalf, shall shout, cry out or
blow a horn upon any of the streets, alleys, parks or other public
places of said Town or upon any private premises or any other place
in said Town.
D.
It shall
be unlawful for any peddler, or any person on his behalf, to enter
upon property whereon there is any sign stating “No Peddlers,”
“No Solicitors,” “No Agents,” or any other
such wording, indicating that peddling, soliciting or canvassing is
prohibited on the premises.
[Added 9-4-2018]
[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.
A.
The Suffolk County Police Department and/or the Ordinance Inspector
of the Town of Smithtown shall report to the Town Clerk all convictions
for violations of this Article, and the Town Clerk shall record the
reports of such violations.
B.
Whenever it shall be shown, or whenever the Town Board of the Town
of Smithtown or the Suffolk County Police have knowledge, that any
person to whom a permit has been issued under this Article has violated
any of the provisions of this Article or that any promoter, agent
or solicitor of a permittee has misrepresented the purpose of the
solicitation, the Town Board or the Suffolk County Police shall immediately
suspend the permit and give the permittee written notice, by certified
mail, of a hearing to be held within five days of such suspension
to determine whether or not the permit should or should not be revoked.
A.
Licenses issued under the provisions of this Article may be revoked
by the Town Board of the Town of Smithtown 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 Article.
(4)
Conviction of a felony or a misdemeanor, which misdemeanor, in the
judgment of the Town Board, renders 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 welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
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.
[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.
