Village of Lake Grove, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove 11-16-1978 as Ch. 94 of the 1978 Code. Amendments noted where applicable.]
No person, association, partnership or corporation engaged in itinerant trading shall solicit the sale of or hawk, peddle, vend, sell or dispose of any goods, wares or merchandise of any description in or upon the public streets, roads or highways or public places of the Village of Lake Grove, or upon private property by calls, canvassing or soliciting from house to house within said village, without having first obtained a license therefor as hereinafter provided.
As used in this chapter, the following words shall have the meanings indicated:
HAWK
To peddle or offer for sale by calling aloud or by going from door to door; to carry wares about for sale; peddle.
HAWKER
One who offers goods for sale by shouting his wares in the street or going from door to door; peddler.
A. 
The license fees payable by each peddler, canvasser or solicitor shall be as set forth in the fee schedule of the Village of Lake Grove.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
B. 
All peddler, solicitor or canvasser licenses shall be issued annually and shall expire on December 31 next succeeding the date of issuance thereof. If a license is issued on or after the first day of September, the fee shall be 1/2 the amount designated.
A. 
Every applicant for a license is required to file with the Village Clerk a written application supplying the following information:
(1) 
That he is a citizen of the United States.
(2) 
That he has never been convicted of a felony.
(3) 
The particular business, trade or occupation for which the license is required.
(4) 
The manner or means of conveyance in which said business or trade or occupation shall be conducted.
(5) 
The name, address and age of the applicant.
(6) 
The name of the person, firm or corporation he represents.
B. 
Such application shall be accompanied by a certificate from the Suffolk County Sealer of Weights and Measures, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Upon the filing of the application as provided in the preceding section, the Village Clerk shall, upon his approval of such application, issue a license to the applicant specifying the trade or occupation authorized.
Every such licensee using any vehicle in conducting business shall have and keep the number of his license painted in conspicuous figures on a metallic sign on a conspicuous place on the driver's side of such vehicle, and if any person uses or employs more than one vehicle for such business, he shall procure a separate license for each of such vehicles. Every licensed peddler, solicitor or canvasser not using a vehicle shall, at all times while engaged in peddling, hawking or soliciting, wear on the front of his outermost garment a badge provided by the Village Clerk which shall contain the number of the license and the date when it expires.
A. 
A licensed hawker, peddler or solicitor shall not permit any cart, wagon or vehicle owned or operated or controlled by him to stand or remain stationary, nor shall he sell or offer for sale therefrom or from any pack or container any goods, wares or merchandise of any kind or within the lines of any street, highway or sidewalk in the Village of Lake Grove for a longer period than 15 minutes, or within 1,500 feet of any public market or store engaged in the business of selling the same goods, wares and merchandise offered by the licensee, or in front of any premises if the owner or lessee thereof objects thereto.
B. 
Vehicle requirements.
(1) 
Motor vehicles vending ice cream, ices or other merchandise shall be parked at the curb, at least 200 feet from all intersecting streets.
(2) 
Such vehicles shall contain six blinker lights, at least five inches in diameter, continuously blinking, two lights at the roof height and two lights at fender level of the vehicle and at least two blinker lights at the roof level in the front to give proper warning to other vehicles of its presence at the curb.
(3) 
All vending vehicles shall be equipped with a backup alarm system in proper working order.
C. 
No peddler or solicitor shall have any exclusive right to any location in any street or on any public property, nor shall any peddler or solicitor be permitted to occupy any stationary location in any street or any public property. No person may peddle or solicit in any congested place or area when or where such activity may impede or inconvenience the public or add to the congestion of such place or area. For the purpose of this section, the judgment of any peace officer 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 or inconvenienced.
D. 
Due to the traffic congestion on all state or county roads in the Village of Lake Grove during the hours set forth herein, no person shall park any vehicle, cart, wagon or trailer between the hours of 9:00 a.m. and 5:00 p.m. upon any state or county road in the Village of Lake Grove, including but not limited to the following streets, solely or partly included in the Village of Lake Grove, or within 25 feet of the paved portion thereof, or within 200 feet from the point where any state or county road intersects any other road or highway, for the purpose of peddling, selling or soliciting the sale of goods, wares, food products or merchandise[1]
(1) 
Hawkins Avenue.
(2) 
Stony Brook Road.
(3) 
Middle County Road.
(4) 
Nesconset Port Jefferson Highway.
(5) 
Old and New Moriches Road from Hawkins Avenue to Middle Country Road to Nesconset Port Jefferson Highway.
(6) 
Smith Road.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
It shall be unlawful:
(1) 
For any person to enter upon private property for the purpose of peddling, canvassing or soliciting before the hour of 9:00 a.m. and after the hour of 5:00 p.m. of any day except upon the express invitation of the owner or occupant of the premises.
(2) 
For any peddler, canvasser or solicitor to enter or attempt to gain entry or admission to any premises posted with any sign the purpose of which is to prevent, prohibit or avoid peddling or soliciting thereat.
(3) 
For any person to solicit, canvass or peddle within 200 feet of any place used or occupied as a public or private school, schoolgrounds, church, synagogue or place of worship, firehouse or public building, or to permit his cart, wagon or vehicle to stand on any street or public place within 200 feet of such property.
A. 
This chapter shall not apply to such peddling, canvassing or soliciting as to require a license for an honorably discharged soldier, sailor or marine of the military or naval service of the United States who has obtained a license from the County Clerk of Suffolk County to hawk, peddle, vend, canvass or solicit trade in pursuance of law.
B. 
The provisions of §§ 121-1 through 121-6 inclusive of this chapter shall not apply to the following:
(1) 
Charitable or other organizations or persons exempted from compliance with the provisions of Article 10-A of the New York Social Welfare Law, nor any political organization or any division, branch, part or representative thereof.
(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.
C. 
The provisions of this chapter shall not apply to any person solely engaged in the delivery, trucking, carting business or delivering such goods, wares, merchandise or provisions for or on behalf of any supermarket, department store, permanent place of business or any establishment within or outside the Village of Lake Grove.
D. 
The exemptions to the provisions of this chapter shall not apply to any person or organization, charitable or otherwise, as herein provided, for the solicitation or collection of donations or funds, regardless of the type or character of such organization or the purpose thereof.
Any person, association, partnership or corporation violating any provision of this chapter shall be guilty of a violation and shall, upon conviction thereof, be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.