[HISTORY: Adopted by the Town Board of the
Town of Southampton 7-27-1982; amended in its entirety 7-13-2004 by L.L. No. 24-2004. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Peddlers
and Solicitors Law."
A.
CONCESSION CONTRACT
FACILITY-USE AGREEMENT
LICENSE
PEDDLER
PERSON
REGISTER
TOWN
The following definitions shall govern the interpretation
of this chapter unless otherwise expressly defined herein:
An agreement between the Town and a peddler for sale of food
and/or beverage items (concessions) consistent, in the opinion of
the Town, with the use of an area of public property, and subject
to bidding requirements.
[Added 1-11-2022 by L.L. No. 2-2022]
As defined in § 111-3D.
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 Town of Southampton
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 Clerk of the Town of Southampton the name
and address of said organization, together with the dates that said
organization will engage in peddling activities within the Town of
Southampton.
Includes all areas within the Town of Southampton exclusive
of areas wholly within any incorporated 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 § 254-2 of this chapter within the corporate limits of the Town of Southampton without first obtaining a license as provided herein.
[Amended 5-10-2005 by L.L. No. 19-2005; 1-11-2022 by L.L. No. 2-2022]
A.
Applicants for a license under this chapter must file
with the Town Clerk a sworn application, in writing, on a form to
be furnished by the Town Clerk, which application shall give the following
information:
(1)
The name, address and telephone number of the applicant.
If the applicant is a corporation or other legal entity, the name
and address and title of the officer upon whom process or other legal
notice may be served, in addition to name and address of the agent/employee/operator
engaged in peddling. The agent/employee/operator engaged in peddling
is also required to obtain a license.
(2)
The applicant's place of residence for the past five
years. If the applicant is a corporation or other legal entity, agent/employee/operator's
place of residence for the past five years.
(3)
The applicant's business or employer for the past
five years. If the applicant is a corporation or other legal entity,
agent/employee/operator'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. If the applicant is a corporation
or other legal entity, agent/employee/operator'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. If the applicant is a corporation or other legal entity, two
full-face photographs of the agent/employee/operator.
(6)
Whether or not the applicant has ever been convicted
of a felony, or misdemeanor, and, if so, the date, court, and sentence
of the court. If the applicant is a corporation or other legal entity,
whether or not the agent/employee/operator has ever been convicted
of a felony, or misdemeanor, and, if so, the date, court, 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, and insurance
for each vehicle to be used. If employed by the owner of a licensed
vehicle, the name and address of such employer, together with credentials
establishing the relationship.
(14)
If the application involves the use of a vehicle,
proof that the applicant holds a valid driver's license. If the applicant
is a corporation or other legal entity, proof that the agent/employee/operator
holds a valid 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 Town Clerk shall duly note the same.
(17)
Any additional information the Town Clerk shall deem
necessary for the purpose of administering the provisions of this
chapter.
(18)
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.
(19)
All statements contained in the application shall
be notarized and executed as declarations made under the penalty of
perjury.
B.
Applicants shall also submit:
(1)
Fingerprints. The applicant (if the applicant is a
corporation or other legal entity, agent/employee/operator) shall
arrange for an appointment with a fingerprint identity service agency
authorized by the New York State Division of Criminal Justice Services
or its successor agency for appropriate fingerprinting. When appropriate,
as determined the Town Police, such completed fingerprint report shall
thereafter be forwarded to the New York State Division of Criminal
Justice Services (DCJS) and/or the Federal Bureau of Investigation
for a full criminal history record search of the applicant (or agent/employee/operator)
when the Town Police Department deems necessary or advisable for the
protection of public safety, good and welfare. In connection with
such fingerprinting requirement:
[Amended 12-21-2023 by L.L. No. 44-2023]
(a)
The New York State Division of Criminal Justice
Services and/or the Federal Bureau of Investigation 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 Town Police. The Town Police, shall review any information
disseminated by the Division of Criminal Justice Services and/or the
Federal Bureau of Investigation.
C.
The Town Clerk shall refer the application to the
Town Police for review with regard to the fitness or desirability
of the applicant.
A.
If disclosed within the application that the applicant,
agent/employee/operator has been convicted of a felony, or misdemeanor,
or that the applicant is otherwise unfit or undesirable on moral grounds,
the Town Police 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 Town Police shall notify the
applicant if the application is denied.
[Amended 1-11-2022 by L.L. No. 2-2022; 12-21-2023 by L.L. No. 44-2023]
B.
If the application does not meet any of the substantive
provisions of this chapter, the Town Clerk shall notify the applicant
that his application is disapproved, and no license will be issued
on the application.
[Amended 1-11-2022 by L.L. No. 2-2022]
C.
The Town Clerk shall send an applicant, in writing,
the Police Department denial of a license, and shall include a statement
that the applicant may appeal such denial before the Public Safety
Commission by filing a written request with the Town Clerk's Office
within 30 days of receipt of such denial. The Town Clerk shall give
the appellant at least five days' written notice of the time and place
of said hearing.
[Amended 1-11-2022 by L.L. No. 2-2022; 12-21-2023 by L.L. No. 44-2023]
D.
The Town Clerk shall keep a record of all licenses
issued.
E.
At the
time and place set for the hearing upon the appeal from the determination
of the Town Police Department, the Public Safety Commission shall
give the appellant, and any other interested party, a reasonable opportunity
to be heard in order to express their opinion regarding the determination
of the Town Clerk. The decision of the Public Safety Commission shall
be in writing, and shall specify the ground or grounds upon which
the decision is based, and shall be a final determination, subject
to review only by a court of competent jurisdiction.
[Added 1-11-2022 by L.L. No. 2-2022; amended 12-21-2023 by L.L. No.
44-2023]
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 Southampton Town
Board. A copy of the fee schedule is on file with the Town 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 Southampton Town Board. A copy of the fee schedule is on file
with the Town Clerk's office.
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 Town Clerk shall,
upon payment of the prescribed fees, issue a license to the applicant.
The license shall contain the following information:
[Amended 12-21-2023 by L.L. No. 44-2023]
(1)
The signature of the appropriate personnel from the
Town Police Department 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.
(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 Town 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 Town 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 of the Town of Southampton 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 certain roads in the Town of Southampton, no person shall park
any vehicle, cart, wagon or trailer upon any of the following roads,
roadway right-of-way, or any portion of a lot immediately adjacent
to said road:
(b)
All year:
[1]
County Road 39: from the intersection of Sunrise
Highway (State Route 27) to County Road 39A.
[2]
County Road 39A: from the intersection of County
Road 39 to Montauk Highway (State Route 27).
[3]
Montauk Highway (State Route 27): from the intersection of County Road 39A to the eastern boundary of Southampton Town at Wainscott. [See also § 254-10B(3) herein].
(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 [Vehicle and Traffic Law, § 1157,
Subdivision (c), and § 1800].
(4)
It shall be unlawful for any person to peddle within
500 feet of any property on which a church, schoolhouse or schoolgrounds
are located.
(5)
It shall be unlawful for any person to peddle within
Town-owned parks and recreation areas unless said individual has been
issued a contract by or has entered into a facility-use agreement
with the Town of Southampton Department of Parks and Recreation.
[Amended 1-11-2022 by L.L. No. 2-2022]
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 sign regulations of the Town Code, §§ 330-85 through 330-91. 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 of the Town of Southampton or police officer, exercised in good faith, shall be deemed conclusive. This subsection shall not apply to individuals exempted by § 254-11B of this chapter.
F.
It shall be unlawful for any person to enter upon
private or public property for the purpose of peddling before sunrise
of any day or after sunset of any day.
[Amended 5-10-2005 by L.L. No. 19-2005]
A.
The provisions of § 254-6A 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 section, and no exemption shall apply with respect to the additional vehicle license fee provided in § 254-6B of this chapter. Where a peddler's license or vehicle license is issued to a licensed veteran, the Town Clerk shall issue a licensed vehicle license card similar to that prescribed in §§ 254-6D and 254-7 with the addition of 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 Town Clerk prior
to conducting any peddling activities within the Town of Southampton.
(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 place of business.
(4)
Persons maintaining a regular scheduled delivery route
for the delivery of goods which had been previously ordered.
(5)
Natural persons peddling meats, fish, fruit and farm
produce, raised and/or produced by them.
[Amended 1-11-2022 by L.L. No. 2-2022]
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 Town Board of the Town of Southampton, 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 Town Board, renders the applicant unfit or
undesirable under the standards of Article 23-A of the Correction
Law of the State of New York.
(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 sanitary 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 complaint and the time and place of the 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 1-11-2022 by L.L. No. 2-2022]
[Amended 1-11-2022 by L.L. No. 2-2022]
A first violation of this chapter, which is
hereby declared to be an offense, shall be punishable by a fine of
not less than $250 nor more than $500, or imprisonment for a period
not to exceed 15 days, or both. A second conviction shall be punishable
by a fine of not less than $500 nor more than $750, or imprisonment
for a period not to exceed 15 days, or both. A third conviction shall
be punishable by a fine of not less than $750 nor more than $1,000,
or imprisonment for a period not to exceed 15 days, or both. Each
day's continued violation shall constitute a separate and additional
offense.
