[HISTORY: Adopted by the Town Board of the
Town of Southold 2-26-1991 by L.L.
No. 4-1991. Amendments noted where applicable.]
The purpose of this chapter is to prevent business
practices of peddlers, solicitors and transient retail businesses
from existing in the Town of Southold with certain exceptions, as
otherwise provided herein, by providing for the registration and regulation
of the conduct of certain peddlers, solicitors and canvassers and
otherwise eliminating such practices.
As used in this chapter, 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 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 Southold or to solicit or
act as a solicitor from door to door within the Town of Southold without
first registering with the Town Clerk of the Town of Southold as provided
in this chapter and obtaining the license prescribed.
A.
The requirements of this chapter 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.
(2)
Persons engaged in delivering merchandise of any nature
whatsoever on regular, scheduled routes to regular costumers, 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 chapter relating to the payment of the license
fee or license fees, terms and conditions.
B.
This chapter shall not apply to any of the following:
[Amended 3-24-1992 by L.L. No. 8-1992]
(1)
Sales conducted pursuant to statute.
(2)
Sales conducted pursuant to the order by any court.
(3)
Any person selling personal property at wholesale
to dealers in such articles.
(4)
The sale of fruits and vegetables raised on the property
where being sold.
(5)
Persons soliciting, collecting or operating a sale
on behalf of any local bona fide charitable, religious, patriotic
or other organization of worthy cause deemed to be in the public interest
and 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 Southold.
[Amended 6-30-2015 by L.L. No. 5-2015; 6-14-2016 by L.L. No. 5-2016]
Any person desiring a license under this chapter shall first
register with the Town Clerk of the Town of Southold and shall file
with said Town Clerk an application, in writing, containing the following
information:
A.
The name of the applicant.
B.
The applicant's permanent home residence.
C.
The name, address and telephone number of the person from whom goods
making up the stock, if any, were or are to be purchased.
D.
Three bona fide business references.
E.
The place or places of residence of the applicant for the previous
preceding three years.
F.
Two recent photographs of the applicant, approximately 2 1/2
inches by 2 1/2 inches in size.
G.
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.
H.
The length of time for which the license is required and registration
is to be effective.
I.
Details of any arrests or convictions for misdemeanors and crimes,
including the nature of the offense for which arrested or convicted,
the date of conviction and the place where said conviction was had.
J.
To said application and as a part thereof, there shall be attached
a letter from the firm or corporation for which the applicant works,
authorizing the applicant to act as its representative.
K.
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.
L.
An authorization certification from the New York Sales Tax Bureau.
M.
In the event that any other license or permit shall be required by
any other governmental agency in connection with the applicant's
business, it shall be produced by the applicant, and a copy of same
shall be submitted with the application.
N.
Where a person enlists the assistance of another person whether as
an employee, agent, or contractor, to peddle, solicit, or operate
a transient retail business, all applicable personal information specified
above shall be required to be given for each person, and an individual
license shall be required and issued to every such person. No license
issued under this article shall be transferable from one person to
another.
[Amended 6-14-2016 by L.L. No. 5-2016]
A.
Each application shall be referred to the Police Department, which
shall, without delay, institute such investigation of the applicant's
business and moral character as it deems necessary for the protection
of the public good and complete the same within a reasonable time.
B.
The Police Chief, or his designee, shall cause the fingerprints of
any applicant for a peddling or soliciting license, and any applicable
fee payable by the applicant, to be forwarded to the Division of Criminal
Justice Services (DCJS) in the form and manner as prescribed by DCJS
for a complete criminal background and investigation.
C.
The Police Chief, or his designee shall review the criminal history
record information disseminated by DCJS in connection with the applicant's
criminal background and investigation.
D.
In making the determination of the applicant's fitness for the
requested license, the Police Chief, or his designee, shall give due
consideration to the information provided by DCJS, New York State
Correction Law §§ 701 through 703b and §§ 751
through 753.
A.
The license shall be issued on forms drawn in accordance
with this chapter. They shall be consecutively numbered and shall
contain spaces for the insertion of the name, location of the business
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 chapter
shall be required to have in his possession the license at all times
while actually engaged in peddling.
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.
E.
Not call attention to his goods by blowing a horn,
by ringing a bell other than a house doorbell, by shouting or crying
out or by any loud or unusual noise.
F.
Not stand or permit the vehicles used by him to stand
in one place in any public place or street for more than 10 minutes
or in front of any premises for any time if the owner or any lessee
of the premises objects.
G.
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.
H.
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.
I.
Not sell or peddle prepared foods of any kind, including
ice cream, confectionery, beverages, prepackaged snack foods, hot
dogs, hamburgers and 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 license may be revoked by the Town Clerk or
the Chief of Police by reason of violation or the terms of the license,
the violation of any Town ordinance 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.
Appropriate signs, as the Town Board of the
Town of Southold shall deem necessary, shall be erected by the Highway
Department of the Town of Southold at such places within the Town
of Southold as the Town Board directs, advising of the existence of
this chapter.
Any person required by this chapter to procure
a license who violates its terms or who violates any of the provisions
of this chapter shall, upon conviction thereof, forfeit and pay not
less than $500 or more than $2,500 for the first offense and no less
than $1,000 or more than $5,000 for the second or any subsequent offense.
