[HISTORY: Adopted by the Town Board of the
Town of Babylon 12-9-1969.[1] Amendments noted where applicable.]
For the purpose of this chapter, certain words
are defined as follows:
Considered as synonymous with the terms "solicit" and "solicitor."
Any association of individuals, partnerships, firms, corporations
or any other organization.
To go from house to house, from store to store, from place
to place or from street to street to sell and make immediate delivery
of or offer for sale and delivery any goods, wares, merchandise, food,
beverages or provisions in possession of the seller at any place within
the Town other than from a fixed place of business. Nothing in this
definition shall excuse a peddler from this chapter for failing to
go from house to house, from store to store, from place to place or
from street to street, and who remains stationary in any place in
the Town of Babylon without a certificate of occupancy for a building
or structure from which sales of that kind are permitted.
[Amended 12-7-2004 by L.L. No. 31-2004]
Any person or company who peddles, including any person who
helps or assists another in the act of peddling. The words "peddler,"
"hawker" and "huckster" shall be considered synonymous terms. Peddlers
shall include, but not be limited to: hotdog and food/beverage trucks,
stands or other means or objects from which hotdogs or food/beverages
or any other merchandise are sold.
[Amended 12-7-2004 by L.L. No. 31-2004; 3-1-2023 by L.L. No. 6-2023]
A natural person or an individual over the age of 16 years.
To go from house to house, street to street, place to place
or from store to store to sell or take orders for goods, wares, merchandise,
food, beverage or provisions for future delivery or for services to
be performed or for information to be obtained or to distribute advertising
matter at any place within the Town other than from a fixed place
of business. Nothing in this definition shall excuse a solicitor for
failing to go from house to house, from store to store, from place
to place or from street to street, and who remains stationary in any
place in the Town of Babylon without a certificate of occupancy for
a building or structure from which sales of that kind are permitted.
[Amended 12-7-2004 by L.L. No. 31-2004]
Any person or company who solicits as herein defined.
[Amended 3-1-2023 by L.L. No. 6-2023]
It shall be unlawful for any person or company
to peddle or solicit within the Town, or to assist another to peddle
or solicit in the Town, without having first obtained a valid license
to peddle or solicit as provided herein.
[Amended 6-23-1992; 3-4-1997 by L.L. No. 2-1997]
A.
Applicants for a license under this chapter shall
file an application with the Town Clerk in the form of a sworn affidavit,
in duplicate, on a form to be supplied by the Town Clerk, which application
shall furnish the following information:
(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)
Two full-face photographs of the applicant taken within
30 days of application and measuring 1 1/2 inches by 1 1/2
inches.
(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
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 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 Local Law.
(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 New York Motor Vehicle Registration for the vehicle to
be used.
(14)
If the application involves the use of a vehicle,
proof that the applicant holds a valid New York State driver's license.
(15)
Proof that the applicant holds a New York State sales
tax identification number.
(16)
Proof
that the applicant has been electronically fingerprinted through a
New York State Division of Criminal Justice Services (DCJS) approved
Statewide Vendor-Managed Civil Fingerprint Capture System.
[Added 3-1-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
A(16) and A(17) and Subsection A(17) and A(18), respectively.
(17)
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.
(18)
[2]Charitable solicitations. Any person or any employee of
any organization who is required to be registered with the Attorney
General of the State of New York under the provisions of Article 7-A
of the Executive Law of the State of New York, relating to the solicitation
and collection of funds for charitable purposes, shall exhibit evidence
of such registration to the Town Clerk.
[2]
Editor's Note: Former Subsection A(17) and (18), regarding
additional provisions and proof of insurance, respectively, were repealed 8-3-2022 by L.L. No. 16-2022. This local law also redesignated former Subsection A(19)
as Subsection A(17).
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 8-3-2022 by L.L. No. 16-2022; 3-1-2023 by L.L. No. 6-2023]
Upon receipt of the application provided for in § 167-3 and payment of the fee hereinafter provided for, the Town Clerk, if satisfied that the applicant possesses the proper qualifications, shall issue a license to the applicant within 60 days of the completed application, which license shall contain a photograph of the licensee.
The Town Clerk shall keep a record of all licenses
issued under the provisions of this chapter.
[Amended 9-8-1976; 5-5-1992; 3-4-1997 by L.L. No. 2-1997; 8-3-2022 by L.L. No. 16-2022]
A.
The following
fees shall be collected by the Town Clerk at the time applications
are presented:
(1)
For
a motor vehicle: $250.
(2)
For
a pushcart or any other nonmotorized vehicle: $150.
(3)
For
each and every person peddling or assisting a peddler from a vehicle:
$50.
[Amended 3-1-2023 by L.L. No. 6-2023]
(4)
For
peddling and/or soliciting or assisting a peddler or solicitor from
house to house: $50.
[Amended 3-1-2023 by L.L. No. 6-2023]
(5)
For
peddling or soliciting or assisting a peddler or solicitor without
a vehicle: $50.
[Amended 3-1-2023 by L.L. No. 6-2023]
B.
Fees shall
not be refunded.
C.
There shall
be no reduction in fees for licenses issued for a fractional part
of a year.
[Amended 3-1-2023 by L.L. No. 6-2023]
Each person licensed hereunder shall carry on
his or her person the license issued by the Town Clerk at all times
that he or she is engaged in his business and shall exhibit it to
any person upon request.
[Added 3-4-1997 by L.L. No. 2-1997[1]]
Only a person who is a resident of the State
of New York will be eligible for a peddler's license or vehicle license
pursuant to this chapter.
[1]
Editor's Note: This local law repealed former
§ 167-8, License plate for vehicles.
[1]
Editor's Note: Former § 167-9, Additional
certification and registration, was repealed 3-4-1997 by L.L. No.
2-1997.
[Amended 3-4-1997 by L.L. No. 2-1997]
A.
Exemption. 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 shall be exempt from the provisions of § 167-6 of this chapter.
B.
Issuance of permit. In lieu of a license the Town
Clerk, upon approval of the veteran's application, shall issue a permit
to said veteran to ply his or her trade within the Town, subject to
all other provisions of this chapter. Such permit shall be stamped
in ink on the county license.
[Amended 3-1-2023 by L.L. No. 6-2023]
[Amended 3-21-1989]
Any itinerant peddler or solicitor offering
rides or transportation on any portable conveyance more commonly known
as "carousels," "whips," "fire engines" and the like shall be required
to furnish public liability insurance in the minimum amounts of $1,000,000
for injuries, including wrongful death, to any person, $3,000,000
to cover any accident involving more than one person, and property
damage insurance in an amount not less than $25,000 involving property
damage to one person and $50,000 for any one accident. Certificates
of such insurance shall be filed with the Town Clerk at the time of
issuance of the permit.
[Amended 4-5-1977]
No license, license plate or badge issued under
the provisions of this chapter may be transferred from one person
to another person or from one vehicle to another vehicle, nor shall
the badge so issued be used or worn at any time by any person other
than the person to whom it was issued.
A.
Grounds; authority. Licenses issued under the provisions
of this chapter may be revoked by the Town Clerk 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 business as a peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such manner as to constitute a breach of the peace or
to constitute a menace to the health, safety or general welfare of
the public.
B.
Notice of hearing. 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 hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his or her last
known address at least five days prior to the date set for hearing.
[Amended 3-1-2023 by L.L. No. 6-2023]
C.
Conduct of hearing. The hearing shall be a public
hearing conducted by the Town Board.
A.
Right of appeal. Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 167-4 of this chapter, or in the decision of the Town Clerk with reference to the revocation of a license, as provided in § 167-13 of this chapter, shall have the right to appeal to the Town Board.
B.
Conduct of appeal. Such appeal shall be taken by filing,
within 14 days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The Town Board shall set a time
and place for a hearing on such appeal, and notice of such hearing
on such appeal shall be mailed to the applicant at his or her last
known address at least five days prior to the date set for the hearing.
[Amended 3-1-2023 by L.L. No. 6-2023]
C.
Decision on appeal. The decision and order of the
Town Board on such appeal shall be final and conclusive.
[Amended 8-3-2022 by L.L. No. 16-2022]
It shall be unlawful for any person to enter
upon private property for the purpose of peddling or soliciting except
after 9:00 a.m. of any day until dusk (i.e., 30 minutes before sunset)
except upon the invitation of the householder or occupant.
[Amended 3-1-2023 by L.L. No. 6-2023]
It shall be unlawful for any peddler or solicitor
in plying his or her trade to ring the bell or knock upon or enter
any building whereon there is painted or otherwise affixed or displayed
to public view any sign containing any or all of the following words:
"No Peddlers," "No Solicitors," "No Agents" or other wording, the
purpose of which purports to prohibit peddling or soliciting on the
premises.
[Amended 3-21-1989]
A.
No peddler or solicitor shall have any exclusive right
to any location in the public streets; nor shall any peddler or solicitor
be permitted to sell wares within 200 feet of a school between the
hours of 8:00 a.m. and 4:00 p.m. on a school day; nor shall he be
permitted to sell his or her wares within 300 feet of a Town-owned
park; nor shall he be permitted to stand in one place for more than
30 minutes; nor shall he be permitted to stop within 200 feet of a
previous stop; nor shall he be permitted to operate in any congested
area where his or her operation might impede or inconvenience the
public.
[Amended 3-1-2023 by L.L. No. 6-2023]
B.
For the purpose of this section, the judgment of any
police officer or Ordinance Enforcement Officer of the Town of Babylon,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced.
C.
It shall be unlawful for any peddler or solicitor
to set up a table, box, stand, bag, container or any other device
upon any public sidewalk or roadway for the purpose of peddling or
soliciting.
D.
No person 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).
E.
It shall be unlawful for any person to peddle within
a radius of 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.
A.
Enumerated. In the interest of public safety and due
to the traffic hazards caused by the stopping of passing automobiles,
no peddler shall conduct his or her business on the following highways
or in such proximity to said highways as shall cause or shall be designed
to cause or shall result in the stopping of automobiles on said highways
for the purpose of trade:
[Amended 3-1-2023 by L.L. No. 6-2023]
|
Albany Avenue, from the Village of Amityville
northerly to Route 109
|
|
Central Avenue, from New Highway easterly to
Wellwood Avenue
|
|
Commack Road, from Deer Park Avenue northerly
to the Huntington Town line
|
|
Conklin Street, from New Highway easterly to
Wellwood Avenue
|
|
Deer Park Avenue, from the Village of Babylon
northerly to the Huntington Town line
|
|
Garden City Avenue, from Wellwood Avenue easterly
to New Highway
|
|
Gaza Boulevard, from Route 110 easterly to New
Highway
|
|
Grand Boulevard, from Straight Path easterly
to the Town of Islip
|
|
Great Neck Road, from Montauk Highway northerly
to the Oyster Bay Town line
|
|
Long Island Avenue, from Wellwood Avenue easterly
to the Islip Town line
|
|
Milbar Boulevard, from Route 110 easterly to
New Highway
|
|
Montauk Highway, from the Village of Amityville
easterly to the Village of Babylon
|
|
New Highway, from the Village of Lindenhurst
northerly to the Huntington Town line
|
|
Route 109, from the Village of Babylon line
to the Village of Farmingdale
|
|
Route 110, from the Amityville Village line
northerly to the Huntington Town line
|
|
Smith Street, from Route 110 easterly to New
Highway
|
|
Straight Path from the Village of Amityville
line northerly to the Huntington Town line
|
|
Sunrise Highway, from County Line Road easterly
to the Islip Town line
|
|
Wellwood Avenue, from the Village of Lindenhurst
northerly to the Huntington Town line
|
B.
Intersecting streets. No person may peddle from a
motor vehicle on any street that intersects the streets above set
forth unless he is distant more than 100 feet from said intersection.
C.
No peddler shall display merchandise or goods for
sale other than on his or her 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.
[Added 3-4-1997 by L.L. No. 2-1997; 3-1-2023 by L.L. No. 6-2023]
The provisions of §§ 167-4 through 167-8 and § 167-12 of this chapter shall not apply to the following:
A.
Charitable or religious organizations.
B.
The peddling of meats, fish, fruit and farm produce
by farmers and persons who produce such commodities.
C.
Honorably discharged veterans of the armed forces
of the United States who have obtained a veteran's license from the
Suffolk County Clerk to hawk, peddle or vend pursuant to law.
D.
Persons maintaining a regular delivery route in the
Town.
E.
Persons under 18 years of age.
F.
Persons licensed by the state to conduct the specific
business or businesses to which the provisions of this chapter would
otherwise be applicable.
G.
Commercial salesmen or deliverymen calling exclusively
upon retail or wholesale establishments or other business firms within
the Town.
[Amended 3-21-1989; 3-4-1997 by L.L. No. 2-1997]
A.
It shall be the duty of the County Police Department,
together with the Town of Babylon Department of Planning and Development,
Division of Public Safety, to enforce the provisions of this chapter
against any person, company or entity found to be violating the same.
B.
Certificate of disposition of action. It shall be
the duty of the Court Clerk of the court having jurisdiction to forward
to the Town Clerk a certificate of disposition of any action brought
in said court pertaining to this chapter.
[Added 3-21-1989]
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining section,
sentences, clauses and phrases of this chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand notwithstanding the invalidity of any part.
