A.
Licenses issued under the provisions of this local
law may be revoked by the Town Board of the Town of East Hampton 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 local law.
(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.
(6)
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 a
violation of law, regulation, code or ordinance cited by the Suffolk
County Department of Health.
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.
C.
Any goods,
wares, merchandise or provisions related to an alleged violation of
this chapter shall be subject to seizure for evidentiary purposes
for prosecution of such offense by the Town Attorney’s Office.
[Added 4-21-2022 by L.L. No. 12-2022]
All provisions of this local law shall be applicable
to persons who possess a valid license under the former Chapter 115,
except that any fee paid for the license already issued may be applied
to the fee for a new license. Further, persons with a license under
the former Chapter 115[1] shall have 30 days after the effective date of this local
law to apply for a license under this chapter.
[1]
Editor's Note: The references to "former Chapter
115" refer to Chapter 115, Peddling, adopted 9-24-1956 by Ord. No.
21.
[Amended 3-17-2006 by L.L. No. 7-2006]
A.
A violation of the provisions of § 198-3 of this local law shall be punishable as provided therein.
B.
Any person found guilty of a violation of any of the
provisions of this local law shall, upon conviction, be deemed guilty
of an offense, which shall be punishable by a fine of not less than
$100 nor more than $500, or by imprisonment for a period not to exceed
15 days, or both such fine and imprisonment.
C.
Any person or entity found by the Bureau of Administrative Adjudication to have violated any of the provisions of § 198-3 or 198-10, or to have failed to respond to a summons charging the same within 15 days of issuance, shall likewise be subject to the following Fine and Penalty Schedule:
[Added 6-2-2022 by L.L. No. 17-2022; amended 6-1-2023 by L.L. No. 11-2023]
[Added 3-15-1991 by L.L. No. 3-1991]
Should any section or provision of this local
law be decided by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the local law as a whole
or any part thereof other than that part so decided to be unconstitutional
or invalid.
