[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.
[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. 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]
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.
[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.
[Amended 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; 11-16-2023 by L.L. No. 10-2023, effective 12-1-2023]
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:
(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
involving:
(a)
The reckless use of a vehicle by the applicant.
(b)
The manufacture, knowing transportation, possession, sale or
habitual use of amphetamine, a narcotic drug, a formulation of an
amphetamine or a derivative of a narcotic drug.
(c)
The operating of a vehicle while under the influence of alcohol,
an amphetamine, a narcotic drug, marijuana, a formulation of an amphetamine
or a derivative of a narcotic drug.
(d)
Leaving the scene of an accident.
(e)
A crime against or involving children.
(f)
Fraud or misrepresentation.
(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.
C. In addition to the foregoing, the Town Clerk may forthwith temporarily
suspend any license issued pursuant to this chapter upon receiving
information giving reasonable cause to believe that any licensee hereunder
has either violated this chapter by an act involving physical abuse,
threats, intimidation or harassment or has been convicted of any violation
of this chapter or of any crime or offense endangering the peace,
safety, health or general welfare of the inhabitants of this Town.
Within 30 days after such suspension, the Town Clerk or designee of
same shall conduct a hearing and issue a determination as to whether
the license shall be revoked or reinstated. If such hearing or determination
is not made within said thirty-day period, the license shall be restored
automatically.
[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.
[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.