[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson as indicated in article histories.
Amendments noted where applicable.]
[Adopted as Art. II of Ch. 43 of the 1970
Code]
No person shall engage in a transient business
in the Village of Port Jefferson without first obtaining a license
therefor.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
The application filed with the Village Clerk
will state the following:
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.
[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)]
For the purposes of this article, certain words
are defined as follows:
Shall be considered synonymous with the terms "solicit" and
"solicitor."
Any association of individuals, partnerships, firms, corporations,
societies 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
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.
Any person or company who peddles, as
herein defined. The words "peddler," "hawker" and "solicitor" are
considered synonymous terms.
[Amended 3-2-2020 by L.L. No. 4-2020]
A natural person or an individual only, whether a resident
of the Village of Port Jefferson or not.
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.
Any person or company who solicits as herein defined.
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.
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.
[1]
Editor's Note: Former § 185-11, Investigation of
applicant; issuance of license, was repealed 3-2-2020 by L.L. No.
4-2020.
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.
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.
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.
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.
[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.
[Amended 3-2-2020 by L.L. No. 4-2020]
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 weekday or Saturday or after dusk (half an hour after
sunset), except upon the invitation of the householder or occupant.
Peddling or soliciting shall be unlawful at any times on Sundays.
B.
It shall be unlawful for any peddler or solicitor in plying his trade
to ring the bell, 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.
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.
[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.
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.
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.
[1]
Editor's Note: Former § 185-22, Sales on private
property, was repealed 3-2-2020 by L.L. No. 4-2020.
[1]
Editor's Note: Former § 185-23, Enforcement, was
repealed 3-2-2020 by L.L. No. 4-2020.
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.
[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.
[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.
