[L.L. No. 3-2009[1]; L.L. No. 1-2020]
(a) 
The following definitions shall govern the interpretation of this article unless otherwise expressly defined herein:
LICENSE
The license issued to a peddler which also may include the right to use of a vehicle if proper application is made therefor.
PEDDLER
Includes any person, whether a resident of the village or not, traveling by foot, wagon, automotive vehicle or any type of conveyance from place to place or from street to street to sell and to offer for sale goods, wares, merchandise or provisions of any kind or description, offering and exposing the same for sale or making sales and delivering articles to purchasers, and further provided that one who solicits orders as a separate design to evade the provisions of this chapter shall be deemed a "peddler" subject to this chapter. The word "peddler" shall include the words "hawker" and "huckster."
PERSON
Any natural person, partnership, association, corporate or other legal entity.
REGISTER
To supply to the village clerk the name and address of said organization, together with the dates that said organization will engage in peddling activities within the village.
VILLAGE
Includes all areas within the village.
(b) 
Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
[1]
Editor's Note: Local Law No. 3-2009 also repealed former Ch. 10, which related to licenses, permits and business regulations and derived from Code 1975, §§ 60-1 to 60-28, 60-39 to 60-44, 60-50, and 60-51.
[L.L. No. 3-2009]
It shall be unlawful for any person to engage in the business of peddler within the village without first obtaining a license therefor as provided herein.
[L.L. No. 3-2009]
(a) 
Applicants for a license under this article must file with the village clerk a sworn application, in writing, in duplicate, on a form to be furnished by the village clerk, which application shall give the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The applicant's place of residence for the past five (5) years.
(3) 
The applicant's business or employer for the past five (5) years.
(4) 
The applicant's age, height, weight, color of eyes, color of hair and place of birth.
(5) 
Two (2) full-face photographs of the applicant taken within thirty (30) days of the application and measuring one and one-half by one and one-half (1½ x 1½) inches.
(6) 
Whether or not the applicant has ever been convicted of a felony, misdemeanor or violation of any municipal ordinance or local law, except traffic violations, and, if so, the date, court, ordinance violated and sentence of the court.
(7) 
Whether the applicant has been previously licensed in any occupation and, if so, when, where and for what period, and any revocation and the reason therefor.
(8) 
The name and address of the person, firm or corporation the applicant represents or is employed by.
(9) 
The particular business, trade or occupation for which the license is requested.
(10) 
The manner or means of conveyance in which said business or trade or occupation shall be conducted.
(11) 
If the application is for a license to handle food in any form, the applicant shall submit a valid permit issued by the Suffolk County Health Department indicating compliance with the provisions of the Suffolk County Public Health Ordinance.
(12) 
If the applicant requires the use of weighing and/or measuring devices, such application shall be accompanied by a certificate from the county sealer of weights and measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
(13) 
If the application involves the use of a vehicle, proof of a valid New York State motor vehicle registration for the vehicle to be used.
(14) 
If the application involves the use of a vehicle, proof that the applicant holds a valid New York State driver's license.
(15) 
Proof that the applicant holds a New York State sales tax identification number.
(16) 
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 village clerk shall duly note the same.
(17) 
Any additional information the village clerk shall deem necessary for the purpose of administering the provisions of this article.
(18) 
Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the village clerk within thirty (30) days.
(b) 
The village clerk may refer the application to the Suffolk County Police Department for review with regard to the fitness or desirability of the applicant.
[L.L. No. 3-2009]
(a) 
If the application should disclose that the applicant has been convicted of a felony, misdemeanor or other criminal offense, or that the applicant is otherwise unfit or undesirable on moral grounds, the Village Clerk shall apply the standards enumerated in Article 23-A of the N.Y. Correction Law in considering the issuance or denial of a license. The village clerk shall notify the applicant if the application is denied.
(b) 
If the application should disclose that it does not meet any of the substantive provisions of this article, the village clerk shall notify the applicant that the application is disapproved, and no license will be issued on the application.
(c) 
Where the village clerk refuses a license, an applicant may apply to the board of trustees. After a public hearing, the board may grant or refuse said license by resolution.
(d) 
The village clerk shall keep a record of all licenses issued.
[L.L. No. 3-2009]
(a) 
The fee for each person proposing to peddle, whether on foot or from a licensed vehicle, shall be five hundred dollars ($500.00).
(b) 
The fee for each commercially registered vehicle shall be five hundred dollars ($500.00).
(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.
(d) 
Upon approval of an application, the village clerk shall endorse on the application an approval and, upon payment of the prescribed fee, issue a license to the applicant. The license shall contain the following information:
(1) 
The signature of the village clerk.
(2) 
The name, address and have affixed thereto a photograph of the licensee.
(3) 
The type of license issued.
(4) 
A description of the goods to be sold thereunder.
(5) 
Where a license is issued for the sale of goods other than food products, such license shall be stamped "not valid for food sale."
(6) 
The date of issuance of the license.
(7) 
The date of expiration of the license.
(8) 
The license number and other identifying description of any vehicle used by the licensee.
[L.L. No. 3-2009]
For each vehicle licensed under this article, the village 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 attached to the lower right-hand corner of the windshield of each vehicle and shall be kept clear and readable at all times.
[L.L. No. 3-2009]
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.
[L.L. No. 3-2009]
No license or license card issued under the provisions of this article may be transferred from one person to another person or from one vehicle to another vehicle.
[L.L. No. 3-2009; L.L. No. 11-2009; L.L. No. 1-2020]
(a) 
Loudspeakers and noisemaking devices. Except as specifically authorized on the issuance of a license hereunder no peddler, or any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound-making device upon any street, avenue, alley, park or other public place within the village for the purpose of attracting attention to any item of any kind or description which the licensee proposes to sell.
(b) 
No person may peddle 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 section, the judgment of any peace officer, village code enforcement officer or police officer, exercised in good faith, shall be deemed conclusive as to the existence of congestion and as to whether the public is impeded, endangered or inconvenienced.
(c) 
Use of signs and displays.
(1) 
The use of movable, portable and freestanding signs by peddlers is prohibited.
(2) 
No peddler shall display merchandise or goods for sale other than on his person in or on the vehicle licensed pursuant to this section.
(3) 
Only one (1) awning and/or umbrella which is mounted on a vehicle licensed pursuant to this section is permitted per vehicle.
(d) 
Size, placement and removal of vehicles. Except as the license issued hereunder specifically allows no vehicle, cart, wagon or trailer or combination thereof which exceeds twenty (20) feet in total length shall be used by any peddler.
(e) 
Stationary sales prohibited. It shall be unlawful for any person engaged in peddling, whether or not a vehicle is used to peddle, to stand or remain stationary at any location for more than thirty (30) minutes. For the purposes of this subsection, a "location" shall be all locations within a radius of one thousand five hundred (1,500) feet of the site at which a peddler (or vehicle) is actually situated. For the purposes of this article, the judgment of any peace officer, village code enforcement officer or police officer, exercised in good faith, shall be deemed conclusive. This subsection shall not apply to individuals exempted by section 10-10 of this article.
(f) 
It shall be unlawful for any person to enter upon public property for the purpose of peddling before the hour of 10:00 a.m. of any day or after the hour of 6:00 p.m. of any day.
[L.L. No. 3-2009; L.L. No. 1-2010]
(a) 
Fees otherwise payable under section 10-5 above shall not be payable by 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. Where a duly licensed veteran uses a vehicle in his trade, one (1) such vehicle shall be included without fee in the cost of the peddler's license issued to such veteran. Each additional vehicle used by such veteran must be licensed pursuant to this section, and no exemption shall apply with respect to the additional vehicle. Where a peddler's license or vehicle license is issued to a licensed veteran, the village clerk shall issue a licensed vehicle license card similar to that described hereinabove with the addition of the word "veteran" on the license or decal. A vehicle license decal will and shall be issued only if the vehicle is registered in the name of and operated by the veteran.
(b) 
The following shall also be eligible to be exempt from the provisions of this article:
(1) 
Persons engaged in the distribution of a newspaper published at stated intervals for the purpose of conveying news to its subscribers, buyers or readers.
(2) 
Any person who keeps, maintains or operates a store, market, shop or similar permanent place of business and who operates, runs or uses a cart, wagon, truck or other vehicle for the purpose of making delivery of goods, wares, merchandise or provisions bought or ordered at such place of business or any person solely engaged in the business of delivering such goods, wares, merchandise or provisions for or on behalf of one (1) or more such permanent place of business.
(3) 
Persons maintaining a regular scheduled delivery route for the delivery of goods which had been previously ordered.
(4) 
Persons peddling meats, fish, fruit and farm produce, raised or produced by them.
(5) 
The exemptions provided herein shall not be construed as an exemption from any state law which regulates the activities enumerated in this section.
[L.L. No. 3-2009]
(a) 
Licenses issued under the provisions of this article may be upon notice suspended and upon notice and hearing revoked for any of the following causes:
(1) 
Conviction of a felony or a misdemeanor, which misdemeanor, in the judgment of the board of trustees, renders the applicant unfit or undesirable under the standards of Article 23-A of the N.Y. Correction Law.
(2) 
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.
(3) 
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) 
Licenses issued under the provisions of this article may be revoked by the board of trustees 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 a peddler.
(3) 
Any violation of this article.
(c) 
Notice of any suspension shall be given in writing by mail to the address in the application or personal delivery. 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 (5) days prior to the date set for the hearing.