[HISTORY: Adopted by the Town Board of the Town of Babylon 12-9-1969.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalties — See Ch. 1, Art. II.
Consumer protection — See Ch. 101.
Ice cream vending — See Ch. 141.
Junk dealers — See Ch. 143.
Pawnbrokers and secondhand dealers — See Ch. 162.
Streets and sidewalks — See Ch. 191.
[1]
Editor's Note: The provisions of this chapter are derived from Art. IV of Ch. 10 of the 1969 Unified Code of Ordinances of the Town of Babylon.
For the purpose of this chapter, certain words are defined as follows:
CANVASS and CANVASSER
Considered as synonymous with the terms "solicit" and "solicitor."
COMPANY
Any association of individuals, partnerships, firms, corporations or any other organization.
PEDDLE
To go from house to house, from store to store, from place to place or from street to street to sell and make immediate delivery of or offer for sale and delivery any goods, wares, merchandise, food, beverages or provisions in possession of the seller at any place within the Town other than from a fixed place of business. Nothing in this definition shall excuse a peddler from this chapter for failing to go from house to house, from store to store, from place to place or from street to street, and who remains stationary in any place in the Town of Babylon without a certificate of occupancy for a building or structure from which sales of that kind are permitted.
[Amended 12-7-2004 by L.L. No. 31-2004]
PEDDLER
Any person or company who peddles, including any person who helps or assists another in the act of peddling. The words "peddler," "hawker" and "huckster" shall be considered synonymous terms. Peddlers shall include, but not be limited to: hotdog and food/beverage trucks, stands or other means or objects from which hotdogs or food/beverages or any other merchandise are sold.
[Amended 12-7-2004 by L.L. No. 31-2004; 3-1-2023 by L.L. No. 6-2023]
PERSON
A natural person or an individual over the age of 16 years.
SOLICIT
To go from house to house, street to street, place to place or from store to store to sell or take orders for goods, wares, merchandise, food, beverage or provisions for future delivery or for services to be performed or for information to be obtained or to distribute advertising matter at any place within the Town other than from a fixed place of business. Nothing in this definition shall excuse a solicitor for failing to go from house to house, from store to store, from place to place or from street to street, and who remains stationary in any place in the Town of Babylon without a certificate of occupancy for a building or structure from which sales of that kind are permitted.
[Amended 12-7-2004 by L.L. No. 31-2004]
SOLICITOR
Any person or company who solicits as herein defined.
[Amended 3-1-2023 by L.L. No. 6-2023]
It shall be unlawful for any person or company to peddle or solicit within the Town, or to assist another to peddle or solicit in the Town, without having first obtained a valid license to peddle or solicit as provided herein.
[Amended 6-23-1992; 3-4-1997 by L.L. No. 2-1997]
A. 
Applicants for a license under this chapter shall file an application with the Town Clerk in the form of a sworn affidavit, in duplicate, on a form to be supplied by the Town Clerk, which application shall furnish the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The applicant's place of residence for the past five years.
(3) 
The applicant's business or employer for the past five years.
(4) 
The applicant's age, height, weight, color of eyes, color of hair and place of birth.
(5) 
Two full-face photographs of the applicant taken within 30 days of application and measuring 1 1/2 inches by 1 1/2 inches.
(6) 
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 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, if such previous license was ever revoked, the date of 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 Local Law.
(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 use of a vehicle, proof of a valid New York 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) 
Proof that the applicant has been electronically fingerprinted through a New York State Division of Criminal Justice Services (DCJS) approved Statewide Vendor-Managed Civil Fingerprint Capture System.
[Added 3-1-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(16) and A(17) and Subsection A(17) and A(18), respectively.
(17) 
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.
(18) 
[2]Charitable solicitations. Any person or any employee of any organization who is required to be registered with the Attorney General of the State of New York under the provisions of Article 7-A of the Executive Law of the State of New York, relating to the solicitation and collection of funds for charitable purposes, shall exhibit evidence of such registration to the Town Clerk.
[2]
Editor's Note: Former Subsection A(17) and (18), regarding additional provisions and proof of insurance, respectively, were repealed 8-3-2022 by L.L. No. 16-2022. This local law also redesignated former Subsection A(19) as Subsection A(17).
B. 
Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within 30 days.
[Amended 8-3-2022 by L.L. No. 16-2022; 3-1-2023 by L.L. No. 6-2023]
Upon receipt of the application provided for in § 167-3 and payment of the fee hereinafter provided for, the Town Clerk, if satisfied that the applicant possesses the proper qualifications, shall issue a license to the applicant within 60 days of the completed application, which license shall contain a photograph of the licensee.
[Amended 9-8-1976; 5-5-1992; 3-4-1997 by L.L. No. 2-1997; 8-3-2022 by L.L. No. 16-2022]
A. 
The following fees shall be collected by the Town Clerk at the time applications are presented:
(1) 
For a motor vehicle: $250.
(2) 
For a pushcart or any other nonmotorized vehicle: $150.
(3) 
For each and every person peddling or assisting a peddler from a vehicle: $50.
[Amended 3-1-2023 by L.L. No. 6-2023]
(4) 
For peddling and/or soliciting or assisting a peddler or solicitor from house to house: $50.
[Amended 3-1-2023 by L.L. No. 6-2023]
(5) 
For peddling or soliciting or assisting a peddler or solicitor without a vehicle: $50.
[Amended 3-1-2023 by L.L. No. 6-2023]
B. 
Fees shall not be refunded.
C. 
There shall be no reduction in fees for licenses issued for a fractional part of a year.
[Amended 3-1-2023 by L.L. No. 6-2023]
Each person licensed hereunder shall carry on his or her person the license issued by the Town Clerk at all times that he or she is engaged in his business and shall exhibit it to any person upon request.
[Added 3-4-1997 by L.L. No. 2-1997[1]]
Only a person who is a resident of the State of New York will be eligible for a peddler's license or vehicle license pursuant to this chapter.
[1]
Editor's Note: This local law repealed former § 167-8, License plate for vehicles.
[Amended 3-4-1997 by L.L. No. 2-1997]
A. 
Exemption. 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 in pursuance of law shall be exempt from the provisions of § 167-6 of this chapter.
B. 
Issuance of permit. In lieu of a license the Town Clerk, upon approval of the veteran's application, shall issue a permit to said veteran to ply his or her trade within the Town, subject to all other provisions of this chapter. Such permit shall be stamped in ink on the county license.
[Amended 3-1-2023 by L.L. No. 6-2023]
[Amended 3-21-1989]
Any itinerant peddler or solicitor offering rides or transportation on any portable conveyance more commonly known as "carousels," "whips," "fire engines" and the like shall be required to furnish public liability insurance in the minimum amounts of $1,000,000 for injuries, including wrongful death, to any person, $3,000,000 to cover any accident involving more than one person, and property damage insurance in an amount not less than $25,000 involving property damage to one person and $50,000 for any one accident. Certificates of such insurance shall be filed with the Town Clerk at the time of issuance of the permit.
[Amended 4-5-1977]
No license, license plate or badge issued under the provisions of this chapter may be transferred from one person to another person or from one vehicle to another vehicle, nor shall the badge so issued be used or worn at any time by any person other than the person to whom it was issued.
A. 
Grounds; authority. Licenses issued under the provisions of this chapter may be revoked by the Town Clerk 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 business as a peddler or solicitor.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing. 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 or her last known address at least five days prior to the date set for hearing.
[Amended 3-1-2023 by L.L. No. 6-2023]
C. 
Conduct of hearing. The hearing shall be a public hearing conducted by the Town Board.
A. 
Right of appeal. Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 167-4 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license, as provided in § 167-13 of this chapter, shall have the right to appeal to the Town Board.
B. 
Conduct of appeal. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing on such appeal shall be mailed to the applicant at his or her last known address at least five days prior to the date set for the hearing.
[Amended 3-1-2023 by L.L. No. 6-2023]
C. 
Decision on appeal. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 8-3-2022 by L.L. No. 16-2022]
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting except after 9:00 a.m. of any day until dusk (i.e., 30 minutes before sunset) except upon the invitation of the householder or occupant.
[Amended 3-1-2023 by L.L. No. 6-2023]
It shall be unlawful for any peddler or solicitor in plying his or her trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
[Amended 3-21-1989]
A. 
No peddler or solicitor shall have any exclusive right to any location in the public streets; nor shall any peddler or solicitor be permitted to sell wares within 200 feet of a school between the hours of 8:00 a.m. and 4:00 p.m. on a school day; nor shall he be permitted to sell his or her wares within 300 feet of a Town-owned park; nor shall he be permitted to stand in one place for more than 30 minutes; nor shall he be permitted to stop within 200 feet of a previous stop; nor shall he be permitted to operate in any congested area where his or her operation might impede or inconvenience the public.
[Amended 3-1-2023 by L.L. No. 6-2023]
B. 
For the purpose of this section, the judgment of any police officer or Ordinance Enforcement Officer of the Town of Babylon, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
C. 
It shall be unlawful for any peddler or solicitor to set up a table, box, stand, bag, container or any other device upon any public sidewalk or roadway for the purpose of peddling or soliciting.
D. 
No person shall occupy any part of a state highway for the purpose of peddling. For so long as the same is governed and regulated by state law, violation hereof shall be punishable in accordance with state law (Vehicle and Traffic Law).
E. 
It shall be unlawful for any person to peddle within a radius of 1,500 feet of any public market or store engaged in the business of selling the same or similar goods, wares and merchandise offered by said peddler.
A. 
Enumerated. In the interest of public safety and due to the traffic hazards caused by the stopping of passing automobiles, no peddler shall conduct his or her business on the following highways or in such proximity to said highways as shall cause or shall be designed to cause or shall result in the stopping of automobiles on said highways for the purpose of trade:
[Amended 3-1-2023 by L.L. No. 6-2023]
Albany Avenue, from the Village of Amityville northerly to Route 109
Central Avenue, from New Highway easterly to Wellwood Avenue
Commack Road, from Deer Park Avenue northerly to the Huntington Town line
Conklin Street, from New Highway easterly to Wellwood Avenue
Deer Park Avenue, from the Village of Babylon northerly to the Huntington Town line
Garden City Avenue, from Wellwood Avenue easterly to New Highway
Gaza Boulevard, from Route 110 easterly to New Highway
Grand Boulevard, from Straight Path easterly to the Town of Islip
Great Neck Road, from Montauk Highway northerly to the Oyster Bay Town line
Long Island Avenue, from Wellwood Avenue easterly to the Islip Town line
Milbar Boulevard, from Route 110 easterly to New Highway
Montauk Highway, from the Village of Amityville easterly to the Village of Babylon
New Highway, from the Village of Lindenhurst northerly to the Huntington Town line
Route 109, from the Village of Babylon line to the Village of Farmingdale
Route 110, from the Amityville Village line northerly to the Huntington Town line
Smith Street, from Route 110 easterly to New Highway
Straight Path from the Village of Amityville line northerly to the Huntington Town line
Sunrise Highway, from County Line Road easterly to the Islip Town line
Wellwood Avenue, from the Village of Lindenhurst northerly to the Huntington Town line
B. 
Intersecting streets. No person may peddle from a motor vehicle on any street that intersects the streets above set forth unless he is distant more than 100 feet from said intersection.
C. 
No peddler shall display merchandise or goods for sale other than on his or her person in or on the vehicle licensed pursuant to this chapter. Displays of merchandise on the ground or on movable structures or stands outside and unattached to the peddler's vehicle are prohibited. Use of tables, seats or any freestanding counter is prohibited.
[Added 3-4-1997 by L.L. No. 2-1997; 3-1-2023 by L.L. No. 6-2023]
D. 
Size, placement and removal of vehicles.
[Added 3-4-1997 by L.L. No. 2-1997]
(1) 
No vehicle, cart, wagon or trailer or combination thereof which exceeds 30 feet in total length shall be used by any peddler.
The provisions of §§ 167-4 through 167-8 and § 167-12 of this chapter shall not apply to the following:
A. 
Charitable or religious organizations.
B. 
The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.
C. 
Honorably discharged veterans of the armed forces of the United States who have obtained a veteran's license from the Suffolk County Clerk to hawk, peddle or vend pursuant to law.
D. 
Persons maintaining a regular delivery route in the Town.
E. 
Persons under 18 years of age.
F. 
Persons licensed by the state to conduct the specific business or businesses to which the provisions of this chapter would otherwise be applicable.
G. 
Commercial salesmen or deliverymen calling exclusively upon retail or wholesale establishments or other business firms within the Town.
[Amended 3-21-1989; 3-4-1997 by L.L. No. 2-1997]
A. 
It shall be the duty of the County Police Department, together with the Town of Babylon Department of Planning and Development, Division of Public Safety, to enforce the provisions of this chapter against any person, company or entity found to be violating the same.
B. 
Certificate of disposition of action. It shall be the duty of the Court Clerk of the court having jurisdiction to forward to the Town Clerk a certificate of disposition of any action brought in said court pertaining to this chapter.
[1]
Editor’s Note: Former § 167-21, Penalties for offenses, as amended, was repealed 6-22-2010 by L.L. No. 16-2010. See now Ch. 1, General Provisions, Art. II, General Penalties.
[Added 3-21-1989]
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.