[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
[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.
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.
CHARITABLE ORGANIZATION
COMMERCIAL PROPERTY
LICENSE
PEDDLE
PEDDLER
PERSON
PRIOR INVITATION
VEHICLE
VEHICLE LICENSE
As used in this chapter, the following terms shall
have the meanings indicated:
Any benevolent, philanthropic, patriotic or eleemosynary
organization or municipal corporation or agency thereof.
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]
The license issued to a peddler.
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]
Any person engaged in peddling.
Natural persons, corporations, partnerships, unincorporated
associations or any other organization.
[Amended 12-15-1995 by L.L. No. 24-1995, effective 12-8-1995]
An express request or grant of permission to visit for the
purpose of peddling.[1]
Any mobile vehicle, motor-driven or non-motor-driven, including
trailers, pushcarts or wagons.
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.
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]
[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.
[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.
[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.
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.
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.
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]
[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.
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]
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]
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.
[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.
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.
[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.