[HISTORY: Adopted by the Town Board of the Town of Islip 10-1-1968; amended in
its entirety 3-20-2012. Subsequent amendments noted where applicable.]
A.
The
Town Board finds that the proliferation of stationary roadside peddlers,
if not properly regulated, runs counter to the public policy of the
Town of Islip and is detrimental to the health, safety and general
welfare of the citizens of the Town of Islip and to the safe flow
of vehicular traffic on highways in the Town of Islip. However, the
Town Board also recognizes that the stationary peddling of food products,
if properly regulated, serves an important public purpose.
B.
It
is necessary and proper, pursuant to the powers granted unto the Town
of Islip by virtue of Town Law § 136, to regulate the practice
of peddling. This chapter is enacted pursuant to Town Law § 136,
and although the use of a stationary, peddler's license is restricted
to certain use districts, this is not intended to be an exercise of
the Town's zoning power, and therefore no vested rights accrue with
regard to the land indicated on the license.
C.
It
is the intent of this chapter to regulate peddling, including mobile
and stationary peddling.
[Amended 2-9-2016
A.
The following definitions shall govern the interpretation of this
chapter unless otherwise expressly defined herein. Words in the singular
shall include the plural, and vice versa. The word "shall" is always
mandatory.
B.
HAMLET
HELPER
IMPROVED PROPERTY
MERCHANDISE
MOBILE PEDDLER'S LICENSE
PEDDLE
PEDDLER
PERSON
STATIONARY PEDDLER'S LICENSE
As used in this chapter, the following terms shall have the meanings
indicated:
The term "hamlet" shall include the following: Bay Shore,
Bayport, Bohemia, Brentwood, Central Islip, East Islip, Great River,
Hauppauge, Holbrook, Islip, Islip Terrace, Oakdale, Ronkonkoma, Sayville
and West Islip.
Any person assisting a peddler to peddle.
Property within one of the following districts: General Service
D, Business 1, Business 2, Business 3, Industrial 1, Industrial 2,
and the Industrial Corridor District, upon which there is an existing
building or buildings for which a certificate of occupancy has been
issued.
Commodities or goods that are bought or sold, including but
not limited to flowers, toys, and furniture.
[Added 3-4-2014]
The license issued to a peddler who goes by vehicle from
place to place or street to street selling, or offering for sale ice
cream, other frozen dairy products, candy, chips and soda.
Selling or offering for sale food products, including but
not limited to ice cream, other frozen dairy products, shaved ice,
candy, chips, beverages, or other merchandise from a vehicle, wagon,
pushcart, or other conveyance or from a stand or a table or from a
sidewalk, street or curb.
[Amended 3-4-2014; 2-9-2016]
Any person engaged in peddling.
An individual, business, partnership, association, firm,
company, corporation or organization of any kind.
The license issued to a peddler who, while remaining at a
stationary location, sells or offers for sale food products from a
vehicle.
B.
C.
Each licensee shall carry on his person the license issued by the
Town Clerk at all times that the licensee is engaged in his business
and shall exhibit it to any person or persons upon request.
A.
Any person possessing a valid stationary peddler's license shall
be permitted to sell food products from a vehicle while remaining
stationary subject to the restrictions set forth herein.
B.
The number of stationary peddler's licenses issued hereunder shall
be limited to a total of 37 with a maximum per hamlet as follows.
[Amended 1-24-2023]
|
Hamlet
|
Maximum # of Licenses
|
|
Bay Shore
|
4
|
|
Bayport
|
2
|
|
Bohemia
|
2
|
|
Brentwood
|
5
|
|
Central Islip
|
4
|
|
East Islip
|
2
|
|
Great River
|
2
|
|
Hauppauge
|
2
|
|
Holbrook
|
2
|
|
Islip
|
2
|
|
Islip Terrace
|
2
|
|
Oakdale
|
2
|
|
Ronkonkoma
|
2
|
|
Sayville
|
2
|
|
West Islip
|
2
|
C.
Permitted locations.
(1)
A stationary peddler shall only be permitted to peddle on the improved
property, as defined herein, which is indicated on the license issued
to the licensee.
E.
In addition to the requirements set forth § 39-3 of this chapter, applicants for a stationary peddler's license shall provide the Town Clerk with:
(1)
A description of the improved property upon which the licensee wishes
to locate his vehicle, including:
(2)
The name, telephone number, and written consent of the property owner
of the location at which the stationary licensee is to be situated.
(3)
Proof of motor vehicle insurance in an amount no less than $100,000
for personal injury and property damage suffered by any person as
a result of the peddlers use of the property.
(4)
Proof of a valid New York State motor vehicle registration and proof
of a valid New York State inspection for the vehicle to be used by
the stationary licensee.
(5)
Proof of a New York State sales tax identification number.
F.
Upon receipt of the application, the Town Clerk shall forward that
portion of the application pertaining to the proposed site to the
Planning Department. The Town Clerk shall only issue a license, pursuant
to this section, after a determination has been made by the Planning
Department that the proposed site:
(1)
Has sufficient parking and ingress and egress;
(a)
In determining whether the proposed site has sufficient parking,
the Planning Department shall consider, but is not limited to, the
following criteria;
[1]
The existing use(s) on the proposed site;
[2]
The overall area of parking surface currently available on the
proposed site;
[3]
The physical dimensions of the overall site and the physical
dimensions of the parking lot; and
[4]
The degree of the existing parking relaxation at the proposed
site, if any.
(2)
Causes no parking, traffic, and/or other-public safety concerns;
(3)
Will not serve as a detriment to the character and well-being of
the surrounding neighborhood; and
(4)
Does not lie within one of the prohibited locations set forth in § 39-2.1C(2) above.
G.
The granting of a permit under this section is limited to one per
applicant, whether an individual or corporate entity.
A.
Any person possessing a valid mobile peddler's license shall be permitted
to sell ice cream, other frozen dairy products, candy, chips and soda
while moving from place to place or from street to street in a vehicle.
B.
No person possessing a mobile peddler's license shall permit his or her vehicle to remain stationary for the purpose of peddling except while sales are actually being conducted unless it is during the permitted time and at the permitted location of an amusement event, carnival, circus, or fair as those terms are defined in Islip Town Code Chapter 36, entitled "Parades, Assemblies and Carnivals," for which a permit was granted by the Town of Islip, said person has received the express written permission of the applicant for said permit, and peddling at that location is not otherwise prohibited by § 39-9 below or any other provision of the Islip Town Code.
[Amended 2-9-2016]
D.
Permitted hours of operation. A mobile peddler shall only peddle
between the hours of 10:00 a.m. and 5:00 p.m. except from the period
of April 15 through October 15 during which a mobile peddler shall
be permitted to peddle from 10:00 a.m. through 9:00 p.m.
E.
Required equipment. Every mobile peddler shall be equipped with such
safety devices as required by Suffolk County.
F.
In addition to the requirements set forth in § 39-3 of this chapter, applicants for a mobile peddler's license shall provide the Town Clerk with:
(1)
Proof of a valid New York State driver's license issued to the mobile
licensee;
(2)
Proof of a valid New York State Motor vehicle registration and inspection
for the vehicle to be used by the mobile licensee;
(3)
Proof of motor vehicle liability insurance in an amount no less than
$100,000 per incident and/or accident;
(4)
Proof of successful completion of the Suffolk County Traffic Safety
Course; and
(5)
Proof of a New York State sales tax identification number.
Applicants for a mobile or stationary peddler's license or a
helper's license or a renewal thereof shall file with the Town Clerk
a verified application, in duplicate, upon a form supplied by the
Town Clerk, which shall contain the following information:
A.
Name, address and telephone number of the applicant.
B.
Applicant's place of residence for the past five years.
C.
Applicant's business or employer for the past five years.
D.
Applicant's age, height, weight, color of eyes, color of hair, place
of birth and citizenship.
E.
Three copies of a photograph of the applicant taken within 30 days
of the application and measuring 1 1/2 inches by 1 1/2 inches.
F.
Whether the applicant has ever been convicted of a felony, misdemeanor
or violation of any municipal ordinance, except with relation to illegal
parking, and if so, in what court, when, where and upon what charge
and the sentence of the court.
G.
(Reserved)
H.
Whether the applicant has been previously licensed in any occupation
and, if so, when, where and for what period, and if such previous
license was ever revoked, the date of revocation and the reason therefor.
I.
If employed by the owner of a licensed vehicle, the name and address
of such employer, together, with credentials establishing the relationship.
J.
(Reserved)
K.
If the applicant is a corporation or association, the name and address
and title of the officer upon whom process or other legal notice may
be served.
L.
(Reserved)
M.
The applicant shall submit a valid permit issued by the Suffolk County
Health Department, or any other applicable agency, indicating compliance
with the provisions of the Suffolk County Public Health local law.
N.
In the event that any other license or permit shall be required by
any other governmental agency in connection with the applicant's business,
the same shall be produced by the applicant, and the Town Clerk shall
duly note the same.
O.
(Reserved)
P.
Fingerprints. When the application form has been completed, the applicant
shall submit himself to be electronically fingerprinted at Long Island
MacArthur Airport. Such fingerprints shall be compared against those
prints on file with the New York State Division of Criminal Justice
Service (DCJS) Record Review Program. The Town Clerk shall secure
from the applicant the fee required by the DCJS in the form of a check
or money order made payable to the Town of Islip. Applicants shall
comply with the application requirements of the DCJS Record Review
Program, which requires at least one form of valid photo identification.
Valid photo identification shall include a United States passport;
a permanent resident card; a driver's license or photo ID card (issued
by United States state or territory); or, for a noncitizen, an alien
registration receipt card.
Q.
(Reserved)
B.
Basis of fees. The annual fees herein provided shall be assessed
on a calendar-year basis, and no annual fee shall be prorated or rebated.
C.
Exemptions.
(1)
The following shall be exempt from the payment of fees:
(a)
Any honorably discharged veteran of the armed services of the United States who has obtained a veteran's license from the Suffolk County Clerk to hawk, peddle, vend or solicit trade. If such veteran uses a vehicle in his trade, the Town Clerk shall issue, at no fee to the veteran, decals similar to that prescribed in § 39-6, with the addition of the word "veteran" on the decal. Such decal will and shall be issued only if the vehicle is registered in the name of and operated by the veteran. If the veteran operates more than one vehicle in his trade, then each vehicle in excess of one shall be licensed upon payment of the proper fee as prescribed in § 39-5A above.
(2)
The following shall be exempt from the provisions of this chapter:
(3)
The following shall be exempt from the provisions of this chapter
except for § 39-g:
[Added 2-9-2016]
(a)
Persons peddling from a wagon, pushcart, or other nonmotorized conveyance or from a stand or table during the permitted time and at the permitted location of a parade, race, amusement event, carnival, circus, or fair as those terms are defined in Islip Town Code Chapter 36, entitled "Parades, Assemblies, and Carnivals," for which a permit was granted by the Town of Islip and who have received the express written permission of the applicant for said permit.
A.
The Town Clerk shall issue one decal for every license issued pursuant
to this chapter.
B.
Depending on the type of license issued under this chapter, the decal
shall either bear the words "Mobile Peddler" or "Stationary Peddler,"
the period for which the license is issued and the number of the license
in figures plainly discernible. The decal shall be attached to the
vehicle used by the licensee.
C.
The decal shall be placed only on the vehicle which is indicated
on the peddler's license. The decal shall be placed on the selling
side of the vehicle in view of the public.
D.
If a decal is lost or stolen, such shall be reported by the licensee
to the Town Clerk within ten days and be replaced by the Town Clerk
at a fee of $5 per replacement decal.
No license issued under the provisions of this chapter will
be used or displayed at any time by any person other than the one
to whom it was issued.
Every licensee hereunder shall comply with all other provisions of the Islip Town Code, including, but not limited to, Chapter 35, entitled "Noise."
A.
In the interest of public safety and due to traffic hazards caused
by stopping of motor vehicles, no peddler, licensed hereunder, shall
conduct business or suffer or permit his vehicle to remain stationary
for the purpose of peddling along any portion of a state highway or
within 500 feet of an entrance or exit ramp of any such highway.
B.
No peddler shall peddle his wares at or within a one-thousand-foot
radius of any Town of Islip park or other Town of Islip recreation
facility in which the Town of Islip contracts with a concessionaire,
unless specifically licensed by the Town of Islip Town Board.
C.
It shall be unlawful for any person to peddle within 200 feet of
any property on which a church or school is located unless a letter
of consent is obtained from said church or school giving the stationary
peddler permission to peddle at the proposed location.
[Amended 2-9-2016]
Permits and licenses issued under the provisions of this chapter
may be revoked by the Town Clerk of the Town of Islip after notice
an opportunity to be heard for any reason, including, but not limited
to the following:
A.
Fraud, misrepresentation or false statements contained in the application
for license.
B.
Fraud, misrepresentation or false statements made in the course of
carrying on his business as peddler.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting the business of peddling 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.
F.
Upon the recommendation of the Suffolk County Department of Health
that the sale of food or food products or other edibles is being conducted
under unsanitary conditions or that there is violation of law, regulation,
code or ordinance cited by the Suffolk County Department of Health.
All licenses issued under the provisions of this chapter shall
expire on the 31st day December in the year when issued.
[Added 3-4-2014; amended 2-9-2016]
Any person found guilty of a violation of any of the provisions
of this chapter shall, upon conviction, be deemed guilty of an offense,
which shall be punishable by a fine not to exceed $2,000, or by imprisonment
for a period not to exceed 15 days, or both such fine and imprisonment.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining section, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand notwithstanding
the invalidity of any part.
