[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]
[Amended 3-4-2014; 2-9-2016; 12-16-2025]
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. 
As used in this chapter, the following terms shall have the meanings indicated:
HAMLET
The term "hamlet" shall include the following: Bay Shore, Bayport, Bohemia, Brentwood, Central Islip, East Islip, Fair Harbor, Great River, Hauppauge, Holbrook, Islip, Islip Terrace, Oakdale, Ronkonkoma, Sayville and West Islip.
HELPER
Any person assisting a peddler to peddle.
IMPROVED PROPERTY
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.
MERCHANDISE
Commodities or goods that are bought or sold, including but not limited to flowers, toys, and furniture.
MOBILE PEDDLER'S LICENSE
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.
PEDDLE
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.
PEDDLER
Any person engaged in peddling.
PERSON
An individual, business, partnership, association, firm, company, corporation or organization of any kind.
STATIONARY PEDDLER'S LICENSE
The license issued to a peddler who, while remaining at a stationary location, sells or offers for sale food products from a vehicle.
VEHICLE
Any mobile vehicle, motor-driven or non-motor-driven, including trailers, wagons or pushcarts.
A. 
It shall be unlawful for any person to peddle within the Town of Islip without first having obtained either a mobile or stationary peddler's license from the Town Clerk as provided herein, except as provided for in § 39-5C(2) and (3) of this chapter.
[Amended 2-9-2016]
B. 
Helper's license.
(1) 
It shall be unlawful to assist a peddler within the Town of Islip without first having obtained a helper's license from the Town Clerk as provided herein unless the peddler is operating as per an exemption as provided for in § 39-5C(2) and (3) of this chapter.
[Amended 2-9-2016]
(2) 
A person possessing a valid helper's license shall be permitted to engage in peddling only in the presence of a licensed peddler.
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.
[Amended 1-24-2023; 6-10-2025; 12-16-2025]
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 52 with a maximum per hamlet as follows.
Hamlet
Maximum # of Licenses
Bay Shore
10
Bayport
2
Bohemia
2
Brentwood
10
Central Islip
10
East Islip
2
Fair Harbor
1
Great River
2
Hauppauge
2
Holbrook
2
Islip
5
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.
(2) 
A stationary peddler, licensed hereunder, shall be prohibited from peddling:
(a) 
Within a one-thousand-foot radius of any other stationary peddler licensed hereunder;
(b) 
Within any residential zone of the Town of Islip;
(c) 
On any Town-owned parking lot; or
(d) 
On any site prohibited by § 39-9 of this chapter.
D. 
Permitted hours of operation.
(1) 
A stationary peddler shall only peddle between the hours of 8:00 a.m. and 8:00 p.m.
(2) 
The vehicle used by the peddler may not remain on the subject property between the hours of 9:00 p.m. and 7:00 a.m. unless the licensee is the owner of the property, or has obtained the written consent of the owner of the property.
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:
(a) 
The location of the site and adjacent roadway(s);
(b) 
A site plan showing ingress, egress and parking on the proposed site; and
(c) 
The location where the stationary licensee will park his vehicle on the improved property.
(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]
C. 
Prohibited locations.
(1) 
A mobile peddler shall not peddle on any street where the speed limit exceeds 30 miles per hour.
(2) 
A mobile peddler shall not stop to sell food products on any prohibited location enumerated in § 39-9.
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.
G. 
Every mobile peddler licensed hereunder shall comply with the provisions set forth in Islip Town Code Chapter 28A, entitled "Ice Cream Trucks."
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)
A. 
License fees shall be as follows:
(1) 
Mobile peddler's license: $150 per year.
(2) 
Stationary peddler's license: $500 per year.
(3) 
Helper's license: $50 per year per helper.
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:
(a) 
Persons maintaining a regular scheduled delivery route for the delivery of goods which had been previously ordered.
(b) 
Persons peddling farm produce, raised or produced by them, and who are regulated by § 81 of the General Municipal Law of the State of New York.
(c) 
Persons selling personal property who are otherwise in compliance with the requirements of all other provisions of the Islip Town Code, including, but not limited to, Chapter 43, entitled "Sales of Personal Property."
[Added 2-9-2016]
(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.
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]
A. 
All signs used for any purpose by peddlers, including those signs which are painted on or attached to his or her vehicle, are subject to the regulations of the sign ordinances.[1] Portable or freestanding signs are prohibited.
[1]
Editor's Note: See Ch. 68, Zoning, Art. XXIX, Signs.
B. 
Only umbrellas which are mounted to a vehicle are permitted.
C. 
Nothing herein shall be construed to permit the use of outdoor seating in connection with any stationary peddler.
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.
[Added 3-4-2014; amended 2-9-2016]
It is a violation of this chapter to peddle merchandise as defined in § 39.1.1, whether the offender has a license to peddle food items issued by the Islip Town Clerk or not, except as provided for in § 39-5C(2) and (3) of this chapter.
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.