[HISTORY: Adopted by the Town Board of the Town of Riverhead 10-20-1992 (Ch. 84 of
the 1976 Code). Amendments noted where applicable.]
The purpose of this article is to provide for the registration
and regulation of the conduct of certain peddlers, solicitors and
canvassers in the Town of Riverhead and otherwise eliminating such
practices.
As used in this article, the following terms shall have the
meanings indicated:
A person who goes from place to place by traveling on foot
or by any type of conveyance on the streets or from house to house
carrying, transporting or conveying goods, wares, merchandise, foods,
farm products or provisions, offering and exposing the same for sale
or making sales and deliveries to purchasers or who solicits orders
and, as a separate transaction, makes deliveries to purchasers. The
word "peddler" shall include the words "hawker" and "huckster."
Includes the singular and the plural and shall also include
and mean any individual, firm, partnership, corporation, voluntary
association, incorporated association, club, society or other organization
and any officer, employee or agent thereof.
Any person who goes from place to place or house to house
or stands in any street or public place taking or offering to take
orders for goods, wares or merchandise, except as hereinafter exempted,
or for services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer on a parking lot or vacant parcel
of land; on a part of a public right-of-way; or in any other place
for a temporary period of time. Lack of a rental or leasing agreement
of three months' or more duration, sealed by monetary consideration,
shall be presumptive of a temporary situation. The type of merchandise
being offered for sale will have no bearing on the designation.
It shall be unlawful for any peddler or solicitor to sell or
dispose of or to offer to sell or dispose of any goods, wares or merchandise
within the Town of Riverhead or to solicit or act as a solicitor from
door to door within the Town of Riverhead without first registering
with the Town Clerk of the Town of Riverhead as provided in this article
and obtaining the license prescribed.
A.
The requirements of this article as to the payment of a license fee
(but not as to registration) shall be held not to include the following
persons, who are expressly exempt from its application:
(1)
Any person honorably discharged from the United States Army, Navy,
Air Force or Marine Corps or other components of the military forces
of the United States who has served in any war or overseas. Any honorably
discharged member of the Armed Forces of the United States holding
a license pursuant to Article 4 of the General Business Law must file
a further application with the Town Clerk for the issuance of a local
license under the same conditions as any other peddler. No fee shall
be required of any such veteran of the Armed Forces of the United
States, except that conveyances not owned by such a veteran shall
be licensed at the usual fee.
(2)
Persons engaged in delivering merchandise of any nature whatsoever
on regular, scheduled routes to regular customers, including specifically
but not limited to persons delivering dairy products, bread and other
merchandise over such routes, and, with respect to persons mentioned
in this subsection, they shall be exempt from all requirements of
this article relating to the payment of the license fee or license
fees, terms and conditions.
(3)
Salesmen and/or product representatives in the business of supplying
established businesses, including but not limited to department store
merchandise, pharmaceutical supplies and other personal-use items,
within the Town of Riverhead with stock and merchandise usually sold
in said businesses.
B.
This article shall not apply to any of the following:
(1)
Sales conducted pursuant to statute.
(2)
Sales conducted pursuant to the order by any court.
(3)
Any person selling personal property or other merchandise at wholesale
to dealers and/or retailers engaged in the business of selling such
articles in a business in the Town of Riverhead.
(4)
The sale of meats, fish, fruits, farm produce and other agricultural
commodities as described in § 301 of the Agriculture and
Markets Law by farmers and persons who produce such commodities on
the private property where said commodity is being sold.
(5)
Persons soliciting, collecting or operating a sale on behalf of any
local bona fide charitable, religious, patriotic or any other not-for-profit
community organization, which organization is represented locally
by a Town resident.
(6)
Any person selling personal property at a garage sale held at his
residence.
(7)
The sale of newspapers.
(8)
Any merchant having an established place of business within the Town
of Riverhead.
A.
The following activities shall be the only activities which can be
licensed pursuant to this article:
B.
All other businesses hereinabove defined as transient retail businesses
shall be illegal in the Town of Riverhead.
[Amended 9-15-2020 by L.L. No. 4-2020]
Any person desiring a license under this article shall first
register with the Town Clerk of the Town of Riverhead and shall file
with said Town Clerk an application, in writing, containing the following
information:
A.
The name and permanent home address of the applicant.
B.
The name, address and telephone number of the person from whom goods
making up the stock, if any, were or are to be purchased.
C.
The particular business, trade or occupation for which the license
is required and a description of the goods, wares or merchandise to
be sold and offered for sale and/or the purpose of his proposed canvassing
or solicitation.
D.
Copy of driver's license.
E.
The manner or means of conveyance in which the business, trade or
occupation is to be conducted.
F.
All operator permit applications shall be accompanied by two unmounted,
unretouched photographs of the applicant, showing head and shoulders,
taken within 30 days of the date of the application. Said photographs
shall be two inches by two inches in size that meet passport requirements.
G.
The length of time for which the license is required and the effective
date of the registration.
H.
Whether or not the applicant has ever been convicted of a felony,
misdemeanor or violation of any municipal ordinance, except traffic
violations, and, if so, the date, court, ordinance violated and sentence
of the court.
I.
A statement by a reputable physician, dated not more than 10 days
prior to the submission of the application, certifying the applicant
to be free of contagious infections or contagious diseases.
J.
When the application form has been completed, the applicant shall
appear at the Riverhead Town Police Department, or a New York State
Division of Criminal Justice Services' approved vendor, to be
fingerprinted as provided in the form and manner prescribed by the
Division of Criminal Justice Services for such fingerprint search.
Prior to the fingerprinting, the Town Clerk shall secure from the
applicant the required fee for a criminal history record check in
the form of a check or money order made payable, as required, to the
New York State Division of Criminal Justice Services to be forwarded
to the Division with such fingerprints. Any fee for fingerprinting
charged by the Department or vendor is in addition to the fees required
to be paid to the Town Clerk. The Chief of Police of the Riverhead
Town Police Department or his/her designee(s) shall review all information
provided by New York State Division of Criminal Justice Services in
connection with the applicant's criminal background and investigation.
If a prospective applicant for any of the aforementioned licenses
has been convicted of a crime, any decision regarding such prospective
applicant's fitness for a license will be made upon consideration
of New York State Correction Law §§ 701 through 703-b
and §§ 751 through 753.
A hawker, peddler or solicitor shall:
A.
Not engage in such business at any time between the hours of 8:00
p.m. and 9:00 a.m.
B.
Not willfully misstate the quantity or quality of any article offered
for sale.
C.
Not offer for sale any unwholesome, tainted, deleterious or diseased
provisions or merchandise.
D.
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
F.
Not peddle or solicit in any congested place or area when or where
such activity may impede, endanger or inconvenience the public or
add to the congestion of such place or area. For the purposes of this
subsection, the judgment of any peace officer, Code Enforcement Officer
of the Town of Riverhead or police officer, exercised in good faith,
shall be deemed conclusive as to the existence of congestions and
as to whether the public is impeded, endangered or inconvenienced.
G.
Not peddle or solicit at or within a one-thousand-foot radius of
any municipal park, beach, marina or other Town-owned or -maintained
recreational facility unless specifically authorized by the Town Board
to peddle his wares by concession, lease or otherwise.
H.
Not stand or permit the vehicles used by him to stand in one place
in any public place or street or within 1,500 feet from the previous
site for more than 10 minutes or in front of or on any premises at
any time.
I.
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the
purpose of selling or exposing for sale any goods, wares or merchandise.
J.
Not engage in such business within 500 feet of any school between
the hours of 7:00 a.m. and 4:00 p.m. on school days.
K.
Not engage in such business within 1,500 feet of any public market
or store engaged in the business of selling the same goods, wares
and merchandise offered by the licensee.
L.
Not sell or peddle prepared foods of any kind, including ice cream,
confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers
or other sandwiches, on any Town beach upon which is located a concession
stand operated under an agreement with the Town or on any parking
area adjacent thereto.
A.
The license shall be issued on the forms drawn in accordance with
this article. They shall be consecutively numbered and shall contain
spaces for the insertion of the name, location of the business, tax
identification number or social security number and amount of fee
paid.
B.
There shall be kept in the office of the Town Clerk the necessary
books for recording the time the application was received, showing
whether it is an application for a new or renewal license, the name
of the license, the date of approval by the Town Clerk, the amount
of fee received therefor and the date when the license was issued.
C.
Every person holding a license under this article shall be required
to have in his possession the license at all times while actually
engaged in peddling.
A license may be suspended or revoked by the Town Clerk or the
Chief of Police by reason of violation of the terms of the license,
the violation of any Town ordinance pursuant to § 135 of
the Town Law or state or federal statute or falsification or fraud
in applying for the license. The licensed person may, upon making
application to the Town Clerk, in writing, request a hearing by the
Town Board upon the revocation or suspension of the aforesaid license.
Any person required by this article to procure a license who
violates its terms or who violates any of the provisions of this article
shall, upon conviction thereof, forfeit and pay not less than $500
nor more than $2,500 for the first offense and no less than $1,000
nor more than $5,000 for the second or any subsequent offense.
The provisions of Article I of this chapter shall not apply to persons who distribute religious literature or who solicit contributions for such purposes within the Town of Riverhead.
