[Amended 3-17-2006 by L.L. No. 7-2006]
It shall be unlawful for any person to engage in the business of a peddler as defined in § 198-2 of this local law within the Town of East Hampton without first obtaining a license therefor as provided herein. A violation of the provisions of this section shall be punishable by a fine of not less than $250 nor more than $500 or by imprisonment not to exceed 15 days, or both.
A.
Applicants for a license under this local law must
file with the Town Clerk a sworn application in writing (in duplicate)
on a form to be furnished by the Town Clerk, which application shall
give the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Applicant's place of residence for the past five years.
(3)
Applicant's business or employer for the past five
years.
(4)
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 the application and measuring by 1 1/2 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
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 the 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 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)
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
local law.
(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)
Proof that the applicant possesses a valid and current
Suffolk County vendor certification.
[Added 4-19-1996 by L.L. No. 6-1996]
B.
The Town Clerk may refer the application to the Town
Police Department for review with regard to the fitness or desirability
of the applicant.
C.
The Town Police Department shall be authorized to
forward the applicant's fingerprints to the Division of Criminal Justice
Services for a criminal background investigation.
D.
The applicant shall be charged a fee of $15 for a
full search and return from the Division of Criminal Justice Services,
said fee to be made payable to the Town of East Hampton.
A.
If the application should disclose that the applicant
has been convicted of a felony and/or misdemeanor, which felony and/or
misdemeanor renders the applicant unfit or undesirable, the Town Clerk
shall notify the applicant that his application is disapproved, and
no license will be issued on said application.
B.
If the application should disclose that the applicant
has violated duly enacted Town ordinances and has been convicted of
same on more than one occasion, this shall render an applicant unsatisfactory
or undesirable, and the Town Clerk shall refuse issuance of the license.
C.
If the application should disclose that it does not meet any of the substantive provisions of Article III of this chapter, the Town Clerk shall notify the applicant that his application is disapproved, and no license will be issued on the application.
D.
Where the Town Clerk refuses a license, an applicant
may apply to the Town Board. After a public hearing, the Town Board
may grant or refuse said license.
E.
The Town Clerk shall keep a record of all licenses
issued.
A.
For each person proposing to peddle, whether on foot
or from a licensed vehicle, an annual fee shall be paid in an amount
set and from time to time amended by resolution of the Town Board.
[Amended 1-18-2008 by L.L. No. 1-2008]
B.
For each vehicle utilized for peddling, an annual
fee shall be paid in an amount set and from time to time amended by
resolution of the Town Board.
[Amended 1-18-2008 by L.L. No. 1-2008]
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
endorse on the application his approval and, upon payment of the prescribed
fee, issue a license to the applicant. The license shall contain the
following information:
(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 used by the licensee.
For each vehicle licensed under this local law,
the Town Board shall issue a license decal 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
decal shall be attached to a plainly visible area on each vehicle
and shall be kept clear and readable at all times.
Every peddler licensed under the local law shall
have his license in his immediate possession at all times when peddling
and shall display the same upon demand of any person.
[Amended 3-17-2011 by L.L. No. 3-2011]
No license or license decal 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 a concession
agreement be transferred from one person to another.
