Village of Port Jefferson, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling on beaches — See Ch. 91.
Noise — See Ch. 173.
[Adopted as Art. II of Ch. 43 of the 1970 Code]

§ 185-1 License required.

No person shall engage in a transient business in the Village of Port Jefferson without first obtaining a license therefor.

§ 185-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
TRANSIENT RETAIL BUSINESS
One conducted in a store, hotel, house, building or structure for the sale of retail goods, wares or merchandise, excepting food products, and which is intended to be conducted for a temporary period of time and not permanently. If the place in which the business is conducted is rented or leased for a period of six months or less, such fact shall be presumptive evidence that the business carried on therein is transient business.

§ 185-3 Taxation.

Pursuant to the provisions of the General Municipal Law, as amended, a tax shall be levied upon all persons now conducting or who may hereafter conduct a transient retail business in the Village. Such tax shall be based upon the gross amount of sales and shall be at the same rate as other property is taxed for the year in the Village. If at the time such tax becomes due and payable the tax rate for the current year of the Village has not been fixed, the same shall be estimated by the Assessor or Assessors of the Village of Port Jefferson.

§ 185-4 Bond.

Before a license is issued, the applicant therefor shall file with the Village Clerk a cash deposit or bond in an amount not less than $100 and not more than $500, the amount to be fixed by the Board of Trustees in proportion to the estimated amount of business to be done under such license, conditioned that such person will make a full and complete report of the gross amount of sales made in such transient retail business in the Village and shall file such reports as may be required with the Village Clerk and will faithfully comply with the provisions of the General Municipal Law in relation to taxation of transient merchants and with the provisions of this article and will pay the amount of the tax therein levied, said bond to be approved as to sufficiency, surety, form and manner of execution by the Board of Trustees.

§ 185-5 Application.

The application filed with the Village Clerk will state the following:
A. 
The character of the goods, wares or merchandise proposed to be sold.
B. 
The estimated amount of gross sales which will be made.

§ 185-6 Filing of stock report.

The person receiving such license shall, before the beginning of said business, file with the Village Clerk a verified report of the stock on hand and the aggregate value thereof with which it is intended to conduct said business and shall thereafter, as further stock is received and within two days after the receipt thereof, file a verified report with the Village Clerk of such added stock and of the aggregate value thereof and shall on Monday of each week file a verified report of the stock sold during the preceding week and the amount for which the same was sold and at the completion of said transient business, said person shall file, as well, a verified report setting forth the total amount of stock and the total amount for which it was sold.

§ 185-7 Penalties for offenses.

[Added 6-11-1992 by L.L. No. 4-1992; amended 1-5-2015 by L.L. No. 1-2015]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
[Adopted 7-12-1972 (Art. I of Ch. 43 of the 1970 Code)]

§ 185-8 Definitions.

For the purposes of this article, certain words are defined as follows:
CANVASS and CANVASSER
Shall be considered synonymous with the terms "solicit" and "solicitor."
COMPANY
Any association of individuals, partnerships, firms, corporations, societies or any other organization.
PEDDLE
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 or offer for sale and delivery any goods, wares, merchandise or provisions in the possession of the seller at any place within the Village of Port Jefferson other than from a fixed place of business.
PEDDLER
Any person or company who peddles, as herein defined. The words "peddler," "hawker" and "huckster" are considered synonymous terms.
PERSON
A natural person or an individual only, whether a resident of the Village of Port Jefferson or not.
SOLICIT
To go from house to house, from store to store, from place to place or from street to street to sell or take orders for goods, wares, merchandise or provisions for future delivery or for services to be performed at any place within the Village of Port Jefferson, or to distribute advertising matter.
SOLICITOR
Any person or company who solicits as herein defined.

§ 185-9 License required.

It shall be unlawful for any person or company to peddle or solicit within the Village of Port Jefferson without having first obtained a valid license therefor as provided herein.

§ 185-10 Application.

An application for a license shall contain the following information:
A. 
The name and a description of the applicant.
B. 
The address of the applicant (local and legal).
C. 
A brief description of the nature of the business and the kind of goods or property to be peddled or solicited.
D. 
Two photographs of the applicant, taken not more than 60 days prior to the date of filing of the application, which pictures shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
E. 
If employed by the owner of a licensed vehicle, the name and address of such employer, together with credentials establishing the exact relationship.
F. 
If for a vehicle license, a description of the vehicle, together with the license number or other means of identification.
G. 
If the applicant is a company, the name and address and title of an officer of the company upon whom process or other legal notice may be served.

§ 185-11 Investigation of applicant; issuance of license.

A. 
Upon receipt of such application, one copy may be referred to the Suffolk County Police Department for such investigation of the applicant to be made as it deems necessary for the protection of the public good .
[Amended 6-11-1992 by L.L. No. 4-1992]
B. 
If such investigation should prove the applicant to have a police record, the Police Department shall attach to the application a copy of the applicant's police record and shall return the application to the Village Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued on said application.
C. 
If as a result of such investigation of the applicant, no police record is found, the Police Department shall attach a statement to the application that it has no record of the applicant and shall return said application to the Village Clerk. Upon the return of such application and approval by the Village Clerk and the payment of the prescribed license fee by the applicant, the Village Clerk shall prepare and deliver to the applicant his license and tag. Such license shall contain the Seal of the Village and the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods to be peddled or solicited thereunder, the amount of fee paid, the license number, the date of issuance and the date of expiration of such license, as well as the state license number or other identifying description of the vehicle, if for a vehicular license.
D. 
The Village Clerk shall keep a record of all licenses issued.

§ 185-12 Fees.

A. 
For each person proposing to peddle or solicit, whether on foot or from a licensed vehicle, there shall be a filing fee of $25, not returnable, and a license fee of $50 when the license is issued.
[Amended 6-11-1992 by L.L. No. 4-1992]
B. 
For each commercial or suburban vehicle, the fee shall be $50.
C. 
For issuing a replacement of an individual's lost license or badge, the fee shall be $5.
[Amended 6-11-1992 by L.L. No. 4-1992]
D. 
The annual fee herein provided for shall be assessed on a yearly basis, and all licenses shall expire on the 31st day of January of the year next succeeding the date of issuance. There shall be no reduction in fees for fractional parts of the year.

§ 185-13 Badges and license plates.

A. 
To each person licensed under this article the Village Clerk shall issue a metal or plastic badge which shall bear the word "peddler" or "solicitor," the number of the license and the calendar year for which the license is issued, in figures plainly discernible. Such badge shall be worn constantly by the licensee on his outer garment in such a way as to be conspicuous during such time as said licensee is plying his trade.
B. 
For each vehicle licensed under this article, the Village Clerk shall issue a metal or plastic license plate which shall bear the word "peddler" or "solicitor," the number of the license and the calendar year for which such license is issued, in figures plainly discernible. Said license plate shall be attached to the rear of each vehicle in a conspicuous place and shall be kept clear and readable at all times.
C. 
To each person licensed under this article who loses his badge issued by the Village Clerk, the Village Clerk shall issue a replacement upon said person submitting an affidavit setting forth the facts surrounding the loss of said badge and upon payment of the proper fee.

§ 185-14 Display of license.

Every peddler or solicitor licensed under this article shall have his license in his immediate possession at all times when peddling or soliciting and shall display the same upon demand of any person.

§ 185-15 License and badge nontransferable.

No license, license plate or badge issued under the provisions of this article 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 one to whom it was issued.

§ 185-16 Location nonexclusive; use of streets.

[Amended 6-11-1992 by L.L. No. 4-1992]
No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operation might impede or inconvenience the public. For the purpose of this article, the judgment of any police officer or Code Enforcement Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

§ 185-17 Restrictions.

A. 
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. of any day or after sunset of any day or after the hour of 7:00 p.m. of any day, whichever occurs first, except upon the invitation of the householder or occupant.
B. 
It shall be unlawful for any peddler or solicitor in plying his trade to enter upon any premises or property or 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.
C. 
No peddler or solicitor shall peddle, vend or sell his goods or wares within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school or for school purposes, nor shall he permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
D. 
No solicitor shall solicit any business whatsoever at the scene of any accident within the Incorporated Village of Port Jefferson.

§ 185-18 Use of scales and measures.

If the applicant for a peddler's or solicitor's license uses scales or measures in his business, he shall also file with his application for a license a certificate issued by the Suffolk County Sealer of Weights and Measures that his scales or measures have been tested and sealed.

§ 185-19 Exemption for veterans.

[Amended 6-11-1992 by L.L. No. 4-1992]
Any honorably discharged disabled veteran of the Armed Services of the United States who has obtained a license from the Suffolk County Clerk to hawk, peddle, vend or solicit trade in pursuance of law on the streets and highways of the Village of Port Jefferson shall be exempt from the provisions of § 185-12 of this article. In lieu of a license as prescribed in § 185-13A of this article, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Village of Port Jefferson, subject to all other provisions of this article. Said permit will be stamped in ink on the face of the county license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.

§ 185-20 Other exemptions.

This article will not apply to religious and charitable organizations and the school districts within the Village. The provisions of §§ 185-9 to 185-15, inclusive, of this article shall not apply to the peddling of fish, fruit or farm produce by persons who produce such commodities. This exemption shall apply only to natural persons and shall not be construed to include farmers or other persons who buy goods for resale, as well as selling their own produce, or to pay any helper or employee of such exempt person.

§ 185-21 Solicitors engaged in interstate commerce.

Any person or company who solicits orders for goods, wares, merchandise or provisions for future interstate delivery to any place in the Village of Port Jefferson shall be exempt from the payment of any fees as set forth in § 185-12 hereof upon presentation of proper proof to the Village Clerk that said person or company is actually engaged in interstate commerce. If the Village Clerk shall determine that such person or company is actually engaged in interstate commerce and all other provisions of this article have been complied with, the Village Clerk shall issue a registry certificate in lieu of a license and a badge indicating that such person or company is properly registered hereunder. All of the provisions of this article shall apply to all such persons and companies registered pursuant to this section.

§ 185-22 Sales on private property.

It will be unlawful for any solicitor or peddler, either licensed or unlicensed, to enter upon privately owned property for the purpose of selling merchandise without receiving a request by the owner or lessee of that property inviting the peddler or solicitor to enter upon that property for the purpose of making a sale.

§ 185-23 Enforcement.

[Amended 6-11-1992 by L.L. No. 4-1992]
It shall be the duty of any police officer or Code Enforcement Officer in the County of Suffolk to require any person seen peddling or soliciting and who is not known by such police officer to be duly licensed, to produce his peddler's or solicitor's license and to enforce the provisions of this article against any person found to be violating the same within the Village of Port Jefferson.

§ 185-24 Revocation of license.

A. 
Licenses issued under the provisions of this article may be revoked by the Village Clerk of the Village of Port Jefferson for any of the following causes:
[Amended 6-11-1992 by L.L. No. 4-1992]
(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 his business as a peddler or solicitor.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the occurrence. Such notice shall be mailed, postage prepaid, to the licensee at his last known address as appears on the license application.
C. 
The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this article, has been convicted of any violation referred to in this section or indicted or charged with or for any crime or offense or has been convicted of any crime or offense, may forthwith suspend such license until a hearing is held by him and the Village Clerk shall have issued his determination thereon. Such hearing shall be held within 15 working days of suspension.

§ 185-25 Appeals.

[Amended 6-11-1992 by L.L. No. 4-1992]
Any person aggrieved by the action of Code Enforcement Bureau, the Police Department or the Village Clerk in the denial of an application for a license as provided in § 185-11 of this article or in the decision of the Village Clerk with reference to the revocation of a license as provided in § 185-24 of this article, shall have the right to appeal to the Village Board of Port Jefferson. 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 of such appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.

§ 185-26 Penalties for offenses.

[Amended 6-11-1992 by L.L. No. 4-1992; 1-5-2015 by L.L. No. 1-2015]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.