Town of Brookhaven, NY Chapter 36 Peddlers

[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]

GENERAL REFERENCES

Commercial and business activities — See Ch. 19.

Junk dealers — See Ch. 42.

Noise control — See Ch. 50.

Licensing — See Ch. 54.

Signs — See Ch. 57A.

Zoning — See Ch. 85.

§ 36-1 Findings; intent.

[Amended 7-7-1992 by L.L. No. 8-1992, effective 7-15-1992; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

A. The Town Board of the Town of Brookhaven finds that there has been a major increase in the number of roadside peddlers selling their wares from vehicles on vacant and improved land adjacent to major roadways within the Town.

B. The Town Board finds that this proliferation of roadside peddlers includes an increasing number who peddle from a fixed location, which is detrimental to the health, safety and general welfare of the citizens of the Town of Brookhaven and to the safe flow of vehicular traffic on highways in the Town of Brookhaven unless properly regulated.

C. It is necessary and proper, pursuant to the powers granted unto the Town of Brookhaven by virtue of Town Law § 136, to regulate the practice of peddling.

D. It is the intent of this chapter to regulate mobile peddling in the Town of Brookhaven.

E. The Town Board finds that the proliferation of stationary peddling in the Town of Brookhaven is detrimental to the health, safety and general welfare of the citizens of the Town of Brookhaven in that it interferes with the safe flow of vehicular traffic, contributes to roadway litter and is generally not aesthetic in appearance.

§ 36-2 Definitions; word usage.

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:

CHARITABLE ORGANIZATION

Any benevolent, philanthropic, patriotic or eleemosynary organization or municipal corporation or agency thereof.

COMMERCIAL PROPERTY

Property located in the J Business 2, J Business 4, J Business 5, J Business 6, L Industrial 1, L Industrial 2, L Industrial 4, Commercial Recreation, and Marine Commercial Districts.

[Amended 8-5-2021 by L.L. No. 14-2021, effective 8-17-2021]

LICENSE

The license issued to a peddler.

PEDDLE

To travel from place to place or street to street on foot or by vehicle to sell, hawk, canvass, vend, offer for sale, expose for sale or solicit orders for the sale of goods, wares, merchandise, food, flowers, Christmas trees, provisions or services of any kind and description to be delivered or performed immediately or at a future date by the peddler.

[Amended 3-19-1996 by L.L. No. 9-1996, effective 3-22-1996; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

PEDDLER

Any person engaged in peddling.

PERSON

Natural persons, corporations, partnerships, unincorporated associations or any other organization.

[Amended 12-15-1995 by L.L. No. 24-1995, effective 12-8-1995]

PRIOR INVITATION

An express request or grant of permission to visit for the purpose of peddling.[1]

VEHICLE

Any mobile vehicle, motor-driven or non-motor-driven, including trailers, pushcarts or wagons.

VEHICLE LICENSE

The license issued to a licensed peddler who engages in peddling from a vehicle.

[1] Editor's Note: The definition of "stationary site license," which immediately followed this definition, was repealed 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012.

§ 36-3 License required.

A. It shall be unlawful for any person, except as exempted herein, to peddle within the Town of Brookhaven without first having obtained a license from the Town Clerk as hereinafter provided.

B. It shall be unlawful for any person to use a vehicle, motor-driven or non-motor-driven, including trailers or pushcarts, to peddle in the Town of Brookhaven without having first obtained a vehicle license from the Town Clerk as hereinafter provided.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

§ 36-4 Eligibility.

[Amended 10-1-2002 by L.L. No. 20-2002, effective 10-8-2002; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012; 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

No person convicted of a felony offense as defined in the Penal Code of the State of New York shall be eligible for a peddler's license or vehicle license pursuant to this chapter.

§ 36-5 Application.

[Amended 7-7-1992 by L.L. No. 8-1992, effective 7-15-1992; 9-3-2002 by L.L. No. 17-2002, effective 9-6-2002; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

A. Applicants for a license to peddle or vehicle license or 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:

(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) One full-face photograph of the applicant taken within 30 days of application and at least measuring 1 1/2 inches by 1 1/2 inches, but not to exceed two inches by two inches in size.

(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 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, 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 a manner which Suffolk County Public Health Law or any other law or ordinance requires a permit or certification, the applicant shall submit a valid permit or certification issued by the Suffolk County Health Department or any other applicable agencies indicating compliance with the provisions of the Suffolk County Public Health Local Law or any other law or ordinance.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(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 registration for the vehicle to be used.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(14) If the application involves the use of a vehicle, proof that the applicant holds a valid driver's license.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(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 Town Clerk shall duly note the same.

(17) Any additional information as the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter.

(18) Proof of automobile insurance policy for a minimum limit of $1,000,000 naming the Town of Brookhaven as additional insured as a result of the peddler's doing business pursuant to a license issued under this chapter.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(19) Proof of a commercial general liability insurance policy in limits of no less than $1,000,000 per occurrence, $ 2,000,000 aggregate naming the Town of Brookhaven as an additional insured as a result of the peddler's doing business pursuant to a license issued under this chapter.

[Added 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

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.

§ 36-6 Investigation of applicant; issuance or denial of license.

[Amended 7-7-1992 by L.L. No. 8-1992, effective 7-15-1992; 7-19-2005 by L.L. No. 15-2005, effective 7-27-2005]

A. Upon receipt of any application, the original shall be referred to the Town Clerk, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good, which may include a police record check.

B. Identification. Applicants shall also file the items set forth herein with said application, unless specifically waived by the Town Clerk upon a showing of facts, which, in the discretion of the Town Clerk, warrant the waiving of said requirements.

(1) Fingerprints.

(a) Upon receipt of a sworn application for a permit, a copy thereof and a fingerprint card taken in duplicate shall be referred to the Commissioner of Public Safety or his designee for appropriate fingerprinting of said applicant, and one copy of such completed fingerprint card shall thereafter be forwarded by the Commissioner or his designee to the New York State Division of Criminal Justice Services for a full search.

(b) The application shall be accompanied by an appropriate fee, the amount and payment instrument to be determined by the Commissioner of Public Safety or his designee, pursuant to the requirements of 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.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(c) The New York State Division of Criminal Justice Services shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(d) Upon its return by the New York State Division of Criminal Justice Services, if the application is approved and upon payment of the prescribed permit fee, the Town Clerk shall prepare and deliver to the applicant therefor the permit required by this chapter.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(e) New fingerprints for each renewal period may be waived by the Town Clerk, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year.

(2) Photographs.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(a) One full-face photograph of the applicant shall be submitted, taken no longer than 60 days prior to submission of the application; and

(b) Said photograph shall be up to but not to exceed two inches by two inches in size.

(c) Digital photos may be taken at the time of application by the Department of Public Safety.

C. Examinations. At the discretion of the Commissioner of Public Safety or his designee, before the issuance of a permit, the Commissioner or his designee may require the applicant, and any others having knowledge of any facts, to submit to an examination, under oath, and to produce evidence relating thereto.

D. Modification. Any change in circumstance with regard to the information required hereinabove shall be reported in writing to the Commissioner of Public Safety or his designee within 30 days of occurrence.

E. [1]Following an investigation of the applicant's business and moral character, the Town Clerk may deny the application for a license for any of the causes for which a license may be revoked as set forth in § 36-12 of this chapter.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

[1] Editor's Note: Former Subsection E, Stationary license, was repealed 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012. This local law also redesignated Subsections F through H as Subsections E through G, respectively.

F. Upon approval of an application, the Town Clerk shall endorse on the application his or her approval and, upon payment of the prescribed fee, issue a license to the applicant. The license shall contain the following information:

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1) The signature of the Town Clerk and the Town Seal.

(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 use by the licensee.

G. The Town Clerk shall keep a record of licenses issued.[2]

[2] Editor's Note: Former Subsection I, regarding renewal of stationary peddlers licenses, which immediately followed this subsection, was repealed 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012.

§ 36-7 Fees.

A. License fees shall set by Town Board resolution.

[Amended 6-2-1992 by L.L. No. 7-1992, effective 6-8-1992; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012; 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017; 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

B. The annual fees herein provided shall be assessed on a yearly basis, and no annual fee shall be prorated or rebated.

§ 36-8 Display of license; lost or stolen licenses.

A. Carrying of license; lost or stolen licenses.

(1) Each licensee shall carry on his person all licenses issued by the Town Clerk at all times that the licensee is engaged in peddling and shall exhibit the same to any authorized person or persons upon request.

(2) If a peddler's license is lost or stolen, such shall be reported by the licensee to the Town Clerk within 10 days. Upon such notification, the Town Clerk shall issue a replacement peddler's license at a cost to the licensee.

[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017]

B. With a vehicle license described in § 36-2, the Town Clerk shall issue one decal. The decal shall bear the words "Licensed Peddler," the issuance and expiration dates of the license, the number of the license in figures plainly discernible and the license plate number of the vehicle covered by such license. The decal shall be attached to the vehicle used by the licensee in a conspicuous place on the rear side of the vehicle used.

[Amnended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1) The decal will be placed only on the vehicle indicated on the peddler's license.

(2) If a decal is lost or stolen, such shall be reported by the peddler to the Town Clerk within 10 days. Upon such notification, the Town Clerk shall issue a replacement decal at a cost to the licensee of $15.

§ 36-9 Nontransferability.

[Amnended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

No license issued under the provisions of this chapter may be used or displayed at any time by any person other than the person whose name and picture appear on the license.

§ 36-10 Restrictions.

A. Loudspeakers and noisemaking devices. No peddler nor any person on 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 Town or upon private property within the Town, where sound is emitted or produced therefrom, for the purpose of attracting attention to any item of any kind or description which the licensee proposes to sell.

[Amnended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

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 of the Town of Brookhaven 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) In the interest of public safety and due to traffic hazards caused by stopping of motor vehicles and traffic congestion on all county roads in the Town of Brookhaven, no person shall park any vehicle, cart, wagon or trailer upon any county road in the Town of Brookhaven, including but not limited, to the following enumerated county roads, or within 25 feet of the paved portion thereof or within 200 feet from the point where any county road intersects any other road or highway, for the purpose of peddling:

[Amnended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(a) Portion Road, County Road 16.

(b) Waverly Avenue, County Road 19.

(c) North Country Road, County Road 20.

(d) Rocky Point - Yaphank Road, County Road 21.

(e) South Country Road, County Road 36.

(f) William Floyd Parkway, County Road 46.

(g) East Moriches - Riverhead Road, County Road 51.

(h) Eastport - Manorville Road, County Road 55.

(i) Portion Road - Horseblock Road, County Road 16.

(j) Middle Road, County Road 65.

(k) Wading River Road, County Road 66.

(l) Old Country Road, County Road 71.

(m) Montauk Highway, County Road 80.

(n) North Ocean Avenue, County Road 83.

(o) Nichols Road, County Road 97.

(p) Frowein Road, County Road 98.

(q) Woodside Avenue, County Road 99.

(r) Patchogue - Yaphank Road, County Road 101.

(s) Captain Daniel Roe Highway, County Road 111.

(3) 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, violation hereof shall be punishable in accordance with state law [Vehicle and Traffic Law §§ 1157(c) and 1800].

(4) No peddler shall peddle at or within a one-thousand-foot radius of any municipal park, beach, marina or other Town-owned or -maintained recreation facility unless specifically licensed by the Town Board to peddle his wares by concession, lease or otherwise.

(5) 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.

(6) It shall be unlawful for any person to peddle from any property which is not defined as commercial property in § 36-2 of this chapter.

(7) It shall be unlawful for any person to peddle within 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.

(8) It shall be unlawful for any person to peddle within a radius of 1,000 feet of any other peddler, except where located on opposite sides of a divided highway.

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. Such permitted signs shall be exempt from the provisions of the Town of Brookhaven Sign Ordinance, Brookhaven Town Code Chapter 57A. 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 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.

(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.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1) No vehicle, cart, wagon or trailer or combination thereof which exceeds 30 feet in total length shall be used by any peddler.

E. Stationary sales prohibited. It shall be unlawful for any person engaged in peddling to permit any vehicle owned, operated or controlled by him to stand stationary or remain stationary at any time or at any location, except while sales are actually being conducted and customers are waiting for the delivery of goods which have been purchased, except as follows:

[Amended 3-5-1996 by L.L. No. 7-1996, effective 3-8-1996; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012; 7-21-2022 by L.L. No. 8-2022, effective 8-3-2022]

(1) Duly licensed mobile peddlers possessing a vehicle license engaged in the sale of food and food products may remain stationary on commercial property not otherwise restricted to peddling pursuant to any section of this chapter between the hours of 5:00 a.m. and 9:00 p.m. inclusive.

F. No person shall enter upon residential property for the purpose of selling, hawking, vending or otherwise disposing of, in exchange for money, any goods, wares, services or merchandise of any description, including the solicitation of orders for goods or services to be delivered or performed at a future date, unless such person entered by prior invitation of an occupant of that residence. This subsection shall not apply to persons selling goods or services on behalf of a charitable organization.

[Amended 12-5-1995 by L.L. No. 24-1995, effective 12-8-1995]

§ 36-11 Exceptions.

A. The provisions of § 36-7, Fees, 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, nor shall they apply to a peddler engaged in interstate commerce.

(1) 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 section, and no exemption shall apply with respect to the additional vehicle license fee provided in § 36-7 of this chapter. Where a peddler's license or a vehicle license is issued to a licensed veteran, the Town Clerk shall issue a decal similar to that prescribed in § 36-8 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.

B. The following shall be exempt from the provisions of this chapter:

[Amended 1-15-1991 by L.L. No. 1-1991, effective 2-4-1991]

(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 or more such permanent places of business.

(3) Commercial sales or delivery persons calling exclusively upon retail or wholesale establishments or other business firms.

(4) Roadside stands for the sale at retail or wholesale of farm, garden or nursery products produced on the premises in those zoning districts where the same are permitted pursuant to Chapter 85 of this Code and subject to any conditions or restrictions contained therein.

[Added 4-6-1993 by L.L. No. 9-1993, effective 4-12-1993]

C. Charitable or other tax-exempt organizations or persons in accordance with Section 401 of the Internal Revenue Code and/or § 1116 of the New York State Tax Law shall only be exempt from the requirements of § 36-7.

[Added 1-15-1991 by L.L. No. 1-1991, effective 2-4-1991]

§ 36-12 Revocation.

A. Licenses issued under the provisions of this chapter may be revoked by a panel consisting of the Commissioner of the Department of Public Safety, the Town Clerk and the Town Attorney, or their designees, after notice of hearing, for any of the following causes:

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1) Fraud, misrepresentation or false statement contained in the application for a license.

(2) Fraud, misrepresentation or false statement made in the course of carrying on business as a peddler.

(3) Any violation of this chapter.

(4) Conviction of a felony offense or conviction of a misdemeanor offense which concerns fraud, misrepresentation, theft, assault and/ or battery or any sex offense.

[Amended 3-17-2022 by L.L. No. 3-2022, effective 3-24-2022]

(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.

B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the 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 hearing.

§ 36-13 Penalties for offenses.

[Amended 8-7-1990 by L.L. No. 17-1990, effective 8-20-1990; 3-1-1994 by L.L. No. 5-1994, effective 3-7-1994; 12-5-1995 by L.L. No. 24-1995, effective 12-8-1995]

Any person violating any provision of this chapter and any distributor, manufacturer or supplier of the goods, wares, merchandise, food, provisions or services peddled or offered for sale shall be guilty of a violation and shall be punishable as follows: upon a first conviction by a fine of $750 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second conviction, by a fine of $1,500 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment; upon a third conviction, by a fine of $2,500 or imprisonment not exceeding 90 days, or by both such fine and imprisonment.

§ 36-14 Expiration.

A. All licenses issued under the provisions of this chapter prior to June 30 of the year in which issued shall expire on the 30th day of June of that year. All licenses issued on or after June 30 shall expire on the 30th day of June of the year following issuance.

[Amended 9-4-1990 by L.L. No. 20-1990, effective 9-24-1990]

B. All existing peddling licenses shall remain in full force and effect until the expiration date indicated thereon. Persons holding existing licenses at the time that this chapter takes effect shall otherwise be subject to all provisions of this chapter.[1]

[1] Editor's Note: Former Subsection C, regarding existing stationary peddling licenses, added 7-7-1992 by L.L. No. 8-1992, effective 7-15-1992, which immediately followed this subsection, was repealed 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012.

§ 36-15 General severability.

[Added 7-19-2005 by L.L. No. 15-2005, effective 7-27-2005]

If any clause, sentence, paragraph, section or item of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.