[Amended 5-18-2010 by L.L. No. 5-2010, effective 5-28-2010; 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017; 9-18-2023 by L.L. No. 7-2023, effective 10-2-2023]
No person shall operate as a commercial buyer of shellfish or shall buy, sell, possess or otherwise deal with shellfish for commercial purposes unless such person has obtained a commercial buyer's permit from the Town Clerk. Any agent or employee of a commercial buyer of shellfish who engages in any transaction or activity relative to the purchasing of shellfish on behalf of a buyer, including the act of operating a motor vehicle used to transport shellfish and/or the act of making any payment for such shellfish, shall be registered by said buyer with the Town Clerk. Upon proper application, the Town Clerk shall issue a commercial buyer's helper permit to said buyer's agent or employee.
A. 
Each applicant for a permit required by this article shall set forth, in writing, on duplicate forms to be provided by the Town Clerk:
(1) 
The applicant's name.
(2) 
The applicant's residence with street and number.
(3) 
The applicant's mailing address.
(4) 
The applicant's date of birth.
(5) 
The applicant's weight.
(6) 
The applicant's height.
(7) 
The applicant's color of hair and eyes.
(8) 
The applicant's signature.
(9) 
The description, license plate number and owner's name and address of each motor vehicle to be used by the applicant in dealing with shellfish for commercial purposes.
(10) 
A complete list of all criminal proceedings ever commenced against the applicant and the nature and disposition thereof.
(11) 
The applicant's New York State tax identification number.
(12) 
All other information requested and deemed necessary by the Town Clerk.
B. 
(Reserved)
C. 
Each commercial buyer's permit application shall be accompanied by a New York State Department of Environmental Conservation shellfish shipper's or processor's permit.
D. 
The Town Clerk shall issue to each person to whom a commercial buyer's permit is issued one decal for each motor vehicle to be used by such person in dealing with shellfish for commercial purposes.
E. 
Each applicant shall submit with the application two full-face photographs of the applicant taken within three months of the date of the application.
A. 
Each applicant for a buyer's helper permit required by this article shall set forth, in writing, on duplicate forms to be provided by the Town Clerk:
(1) 
The applicant's name.
(2) 
The applicant's residence with street and number.
(3) 
The applicant's mailing address.
(4) 
The applicant's date of birth.
(5) 
The applicant's weight.
(6) 
The applicant's height.
(7) 
The applicant's color of hair and eyes.
(8) 
The applicant's signature.
(9) 
The description, license plate number and owner's name and address of each motor vehicle to be used by the applicant in dealing with shellfish for commercial purposes.
(10) 
The name and address of the applicant's employer and employer's New York State tax identification number.
(11) 
All other information requested and deemed necessary by the Town Clerk.
B. 
(Reserved)
C. 
Each buyer's helper permit application shall be accompanied by the applicant's employer's commercial buyer's permit.
D. 
Each applicant shall submit with the application two full-face photographs of the applicant taken within three months of the date of the application.
A. 
Permits shall be in the form prescribed by the Town Clerk, with a photograph of the permit holder affixed thereto, and shall contain the information set forth upon the application. A decal shall be issued by the Town Clerk for each vehicle used by the buyer in conducting the business of purchasing and/or otherwise dealing with shellfish, and said decal shall be prominently displayed on the vehicle.
B. 
The original application shall be filed in the Town Clerk's office, and the duplicate application shall be filed in the Harbormaster's office.
C. 
No person or entity to whom a commercial buyer's permit or buyer's helper permit has been issued shall transfer, assign or allow any other person or entity to use the permit.
D. 
No person or entity shall use a commercial buyer's permit or buyer's helper permit issued to another person or entity.
E. 
Any person engaged in the commercial buying of shellfish shall carry his buyer's permit or buyer's helper permit with him at all times when dealing with shellfish for commercial purposes. Failure to show the permit to any harbormaster, constable or peace officer when requested to do so shall be presumptive evidence that such person has not obtained such permit.
F. 
The Town Clerk shall furnish to each applicant receiving a commercial buyer's or buyer's helper permit a copy of the current Town Board local law designating those areas owned or maintained by the Town of Brookhaven in which the buying, selling or otherwise dealing in shellfish is permitted.
Each commercial buyer's permit and buyer's helper permit issued pursuant to § 57-25 of this article shall be valid from the date of issuance until and shall expire on the last day of December of the year in which it was issued next ensuing, unless such permit shall be suspended or revoked as hereinafter provided.
A. 
No person shall deal with shellfish for commercial purposes on property owned, leased or maintained by the Town during the period beginning at sunset and ending at sunrise.
B. 
A person dealing with shellfish for commercial purposes shall be in possession of a device for the sorting of shellfish as to size. Such device shall have openings of not less than one inch (2.54 centimeters).
C. 
No person shall buy, exchange or otherwise receive shellfish for commercial purposes from a person who has not obtained a commercial permit from the Town of Brookhaven or the Town of Islip, a commercial buyer's permit from the Town of Brookhaven or the Town of Islip or a buyer's helper permit from the Town of Brookhaven or the Town of Islip.
D. 
No person shall sell or otherwise transfer shellfish for commercial purposes to a person who has not obtained a commercial buyer's permit or buyer's helper permit from the Town of Brookhaven or the Town of Islip or a New York State Department of Environmental Conservation permit authorizing the person to whom it is issued to deal with shellfish for commercial purposes.
A. 
No commercial buyer of shellfish or buyer's helper shall possess, offer for sale or purchase any shellfish which do not conform to the minimum size requirements for the taking of shellfish pursuant to this chapter. This section shall not apply when shellfish unavoidably taken and in the possession of a commercial shellfish buyer or buyer's helper do not compose a percentage of the buyer's total store of shellfish in excess of the percentages set forth in §§ 57-20B(2), 57-21B(2) and 57-22B.
B. 
Violation of § 57-30A shall be cause for the immediate suspension of a commercial buyer's permit or commercial buyer's helper permit for a period of six months for a second conviction and for a period of one year for a third conviction.
C. 
The conviction of any commercial buyer of shellfish or commercial buyer's helper for violating any provision of the New York State Environmental Conservation Law enacted for the protection and conservation of shellfish shall be cause for the suspension of either permit for a period of one year.