[HISTORY: Adopted by the Board of Trustees
of the Village of Sagaponack 8-13-2007 by L.L. No. 12-2007. Amendments noted
where applicable.]
This chapter shall be known as the "Peddlers
and Solicitors Law."
A.
LICENSE
PEDDLER
PERSON
REGISTER
VILLAGE
The following definitions shall govern the interpretation
of this chapter unless otherwise expressly defined herein:
The license issued to a peddler which also may include the
right to use a vehicle if proper application is made.
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, from house to house or from street to street
and offering 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 or who shall sell or offer
the same for sale, 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."
Any natural person, partnership, association, corporate or
other legal entity.
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.
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.
It shall be unlawful for any person to engage in the business of peddler as defined in § 157-2 of this chapter within the corporate limits of the Village without first obtaining a license as provided herein.
A.
Applicants for a license under this chapter 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
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 the 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 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 for said revocation.
(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 chapter.
B.
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 30 days. All statements contained in the
application shall be notarized and executed as declarations made under
the penalty of perjury.
C.
Applicants shall also submit fingerprints. Unless
specifically waived by the Village Clerk upon a showing of facts which,
in the discretion of the Village Clerk, warrant the waiving of said
requirement, the applicant shall arrange for an appointment with the
Department of Public Safety for appropriate fingerprinting, and such
completed fingerprint card shall thereafter be forwarded to the New
York State Division of Criminal Justice Services (DCJS) for a full
search. In connection with such fingerprinting requirement:
(1)
The application shall be accompanied by an appropriate
fee, the amount and payment instrument to be determined by the Village
Clerk, pursuant to the requirements of, and payable to, the New York
State Division of Criminal Justice Services, which amount shall be
in addition to the processing fees stated herein, for such investigation
of the applicant as is deemed necessary or advisable for the protection
of the public good and welfare.
(2)
The New York State Division of Criminal Justice Services
will return such criminal history record information as may exist
in its files or a statement that no such relevant information exists,
such record to be filed with the Village Clerk. The Village Clerk
shall review any information disseminated by the Division of Criminal
Justice Services.
(3)
The Village Clerk may waive the requirement for new
fingerprints for each renewal period, unless the license issued under
the provisions of this chapter has lapsed for a period of time in
excess of one year.
D.
The Village Clerk shall refer the application to the
Department of Public Safety, excluding any fingerprint information,
for review with regard to the fitness or desirability of the applicant.
The Village Clerk shall not forward any criminal history record information
to the Department of Public Safety.
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 Correction Law of the State of New York 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 chapter, the Village
Clerk shall notify the applicant that his 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
of Trustees may grant or refuse said license by resolution.
D.
The Village Clerk shall keep a record of all licenses
issued.
A.
The fee for each peddler's license for each person
proposing to peddle, whether on foot or from a licensed vehicle, shall
be set, and changed as needed, by resolution of the Board of Trustees.
A copy of the fee schedule is on file with the Village Clerk's office.
B.
The fee for each registered vehicle to be used for
peddling purposes shall be set, and changed as needed, by resolution
of the Board of Trustees. A copy of the fee schedule is on file with
the Village Clerk's office.[1]
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 his or her approval and, upon payment
of the prescribed fees, issue a license to the applicant. The license
shall contain the following information:
(1)
The signature of the Village Clerk.
(2)
The name and address of the licensee; a photograph
of the licensee shall be affixed thereto.
(3)
The type of license issued.
(4)
A description of the goods to be sold.
(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.
For each vehicle licensed under this chapter,
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.
Every peddler licensed under this chapter shall
have his license in his immediate possession at all times when peddling
and shall display the same upon demand of any person.
No license or license card issued under the
provisions of this chapter may be transferred from one person to another
person or from one vehicle to another vehicle.
A.
Loudspeakers and noisemaking devices. 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.
Restricted and prohibited locations.
(1)
No person may peddle or solicit 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, 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.
(2)
No peddler 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 [Vehicle and Traffic Law, § 1157,
Subdivision (c), and § 1800].
(3)
It shall be unlawful for any person to peddle within
500 feet of any property on which a church, schoolhouse or school
grounds are located.
(4)
It shall be unlawful for any person to peddle within
Town-owned parks and recreation areas unless said individual has been
issued a license by or has entered into a suitable agreement with
the Town of Southampton Department of Parks and Recreation.
(5)
No person shall peddle or solicit on private property where the owner
or owner's representative notifies the Village Clerk that the owner
declines any entry by any peddler or solicitor and the Village Clerk
maintains an up to date list of all such notifications.
[Added 7-15-2019 by L.L.
No. 2-2019]
C.
Use of signs and displays.
(1)
It shall be lawful for peddlers to use signs which
are painted on or attached to a peddler's vehicle, provided that the
same do not exceed the dimensions of the vehicle on which they are
placed. 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 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. No vehicle,
cart, wagon or trailer or combination thereof which exceeds 28 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 30 minutes. For the purposes of this subsection, a "location" shall be all locations within a radius of 1,500 feet of the site at which a peddler (or vehicle) is actually situated. For the purposes of this chapter, the judgment of any peace officer, code enforcement officer or police officer, exercised in good faith, shall be deemed conclusive. This subsection shall not apply to individuals exempted by § 157-11B of this chapter.
F.
It shall be unlawful for any person to enter upon
private or public property for the purpose of peddling or soliciting
except on weekdays and Saturdays between 9:00 a.m. and dusk (1/2 hour
after sunset).
[Amended 7-15-2019 by L.L. No. 2-2019]
A.
The provisions of § 157-6A and B of this chapter shall not apply to 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. Where a duly licensed veteran uses a vehicle in his trade, one 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 chapter, and no exemption shall apply with respect to the additional vehicle license fee provided in § 157-6B of this chapter. Where a peddler's license or vehicle license is issued to a licensed veteran, the Village Clerk shall issue a card with 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 be exempt from the provisions
of this chapter:
(1)
Charitable or other tax-exempt organizations or persons
in accordance with the provisions of § 401 of the Internal
Revenue Code and/or § 1116 of the New York State Tax Law.
All such organizations shall first register with the Village Clerk
prior to conducting any peddling activities within the Village.
(2)
Persons engaged in the distribution of a newspaper
published at stated intervals for the purpose of conveying news to
its subscribers, buyers or readers.
(3)
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 or more such permanent places of business.
(4)
Persons maintaining a regular scheduled delivery route
for the delivery of goods which had been previously ordered.
(5)
Persons peddling meats, fish, fruit and farm produce
raised or produced by them.
C.
The exemptions provided herein shall not be construed
as an exemption from any state law which regulates the activities
enumerated in this section.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Board of Trustees, by resolution, 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 chapter.
(4)
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 Correction
Law of the State of New York.
[Amended 1-14-2008 by L.L. No. 2-2008]
(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.
[Amended 1-14-2008 by L.L. No. 2-2008]
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 the hearing.
[Amended 1-14-2008 by L.L. No. 2-2008]
A violation of this chapter, which is hereby
declared to be an offense, shall be punishable by a fine of not less
than $150 nor more than $350, or imprisonment for a period not to
exceed 15 days, or both.
