[HISTORY: Adopted by the Town Board of the Town of Southampton 7-27-1982; amended in its entirety 7-13-2004 by L.L. No. 24-2004. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Peddlers and Solicitors Law."
The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein:
- The license issued to a peddler which also may include the right to use a vehicle if proper application is made.
- Includes any person, whether a resident of the Town of Southampton or not, traveling by foot, wagon, automotive vehicle or any type of conveyance from place to place, from house to house or from street to street and offering for sale goods, wares, merchandise or provisions of any kind or description, offering and exposing the same for sale or making sales and delivering articles to purchasers or who shall sell or offer the same for sale, and further provided that one who solicits orders as a separate design to evade the provisions of this chapter shall be deemed a peddler subject to this chapter. The word "peddler" shall include the words "hawker" and "huckster."
- Any natural person, partnership, association, corporate or other legal entity.
- To supply to the Clerk of the Town of Southampton the name and address of said organization, together with the dates that said organization will engage in peddling activities within the Town of Southampton.
- Includes all areas within the Town of Southampton exclusive of areas wholly within any incorporated village.
Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
It shall be unlawful for any person to engage in the business of peddler as defined in § 254-2 of this chapter within the corporate limits of the Town of Southampton without first obtaining a license as provided herein.
[Amended 5-10-2005 by L.L. No. 19-2005]
Applicants for a license under this chapter 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:
The name, address and telephone number of the applicant.
The applicant's place of residence for the past five years.
The applicant's business or employer for the past five years.
The applicant's age, height, weight, color of eyes, color of hair and place of birth.
Two full-face photographs of the applicant taken within 30 days of the application and measuring 1 1/2 inches by 1 1/2 inches.
Whether or not the applicant has ever been convicted of a felony, misdemeanor or violation of any municipal ordinance or local law, except traffic violations, and, if so, the date, court, ordinance violated and sentence of the court.
Whether the applicant has been previously licensed in any occupation and, if so, when, where and for what period, and any revocation and the reason for said revocation.
The name and address of the person, firm or corporation the applicant represents or is employed by.
The particular business, trade or occupation for which the license is requested.
The manner or means of conveyance in which said business or trade or occupation shall be conducted.
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.
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.
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.
If the application involves the use of a vehicle, proof that the applicant holds a valid New York State driver's license.
Proof that the applicant holds a New York State sales tax identification number.
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.
Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter.
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.
All statements contained in the application shall be notarized and executed as declarations made under the penalty of perjury.
Applicants shall also submit:
Fingerprints. Unless specifically waived by the Town Clerk upon a showing of facts which, in the discretion of the Town Clerk, warrant the waiving of said requirement, the applicant shall arrange for an appointment with the Department of Public Safety for appropriate fingerprinting, and such completed fingerprint card shall thereafter be forwarded to the New York State Division of Criminal Justice Services (DCJS) for a full search. In connection with such fingerprinting requirement:
The application shall be accompanied by an appropriate fee, the amount and payment instrument to be determined by the Town Clerk, pursuant to the requirements of, and payable to, the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such investigation of the applicant as is deemed necessary or advisable for the protection of the public good and welfare.
The New York State Division of Criminal Justice Services will return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Town Clerk. The Town Clerk shall review any information disseminated by the Division of Criminal Justice Services.
The Town Clerk may waive the requirement for new fingerprints for each renewal period, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year.
The Town Clerk shall refer the application to the Department of Public Safety, excluding any fingerprint information, for review with regard to the fitness or desirability of the applicant. The Town Clerk shall not forward any criminal history record information to the Department of Public Safety.
If the application should disclose that the applicant has been convicted of a felony, misdemeanor or other criminal offense, or that the applicant is otherwise unfit or undesirable on moral grounds, the Town Clerk shall apply the standards enumerated in Article 23-A of the Correction Law of the State of New York in considering the issuance or denial of a license. The Town Clerk shall notify the applicant if the application is denied.
If the application should disclose that it does not meet any of the substantive provisions of this chapter, the Town Clerk shall notify the applicant that his application is disapproved, and no license will be issued on the application.
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 by resolution.
The Town Clerk shall keep a record of all licenses issued.
The fee for each peddler's license for each person proposing to peddle, whether on foot or from a licensed vehicle, shall be set, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk's office.
The fee for each registered vehicle to be used for peddling purposes shall be set, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk's office.
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.
Upon approval of an application, the Town Clerk shall endorse on the application his or her approval and, upon payment of the prescribed fees, issue a license to the applicant. The license shall contain the following information:
The signature of the Town Clerk and the Town Seal.
The name, address and have affixed thereto a photograph of the licensee.
The type of license issued.
A description of the goods to be sold.
Where a license is issued for the sale of goods other than food products, such license shall be stamped "not valid for food sale."
The date of issuance of the license.
The date of expiration of the license.
The license number and other identifying description of any vehicle used by the licensee.
For each vehicle licensed under this chapter, the Town Clerk shall issue a license card 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 card shall be attached to the lower right-hand corner of the windshield of each vehicle and shall be kept clear and readable at all times.
Every peddler licensed under this chapter shall have his license in his immediate possession at all times when peddling and shall display the same upon demand of any person.
No license or license card issued under the provisions of this chapter may be transferred from one person to another person or from one vehicle to another vehicle.
Loudspeakers and noisemaking devices. No peddler, or any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound-making device upon any street, avenue, alley, park or other public place within the Town for the purpose of attracting attention to any item of any kind or description which the licensee proposes to sell.
Restricted and prohibited locations.
No person may peddle or solicit in any congested place or area when or where such activity may impede, endanger or inconvenience the public or add to the congestion of such place or area. For the purposes of this section, the judgment of any peace officer, code enforcement officer of the Town of Southampton 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, endangered or inconvenienced.
In the interest of public safety and due to traffic hazards caused by stopping of motor vehicles and traffic congestion on certain roads in the Town of Southampton, no person shall park any vehicle, cart, wagon or trailer upon any of the following roads, roadway right-of-way, or any portion of a lot immediately adjacent to said road:
County Road 39: from the intersection of Sunrise Highway (State Route 27) to County Road 39A.
County Road 39A: from the intersection of County Road 39 to Montauk Highway (State Route 27).
No peddler 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 [Vehicle and Traffic Law, § 1157, Subdivision (c), and § 1800].
It shall be unlawful for any person to peddle within 500 feet of any property on which a church, schoolhouse or schoolgrounds are located.
It shall be unlawful for any person to peddle within Town-owned parks and recreation areas unless said individual has been issued a license by or has entered into a facility-use agreement with the Town of Southampton Department of Parks and Recreation.
Use of signs and displays.
It shall be lawful for peddlers to use signs which are painted on or attached to a peddler's vehicle, provided that the same do not exceed the dimensions of the vehicle on which they are placed. Such permitted signs shall be exempt from the provisions of the sign regulations of the Town Code, §§ 330-85 through 330-91. The use of movable, portable and freestanding signs by peddlers is prohibited.
No peddler shall display merchandise or goods for sale other than on his person in or on the vehicle licensed pursuant to this section.
Only one awning and/or umbrella which is mounted on a vehicle licensed pursuant to this section is permitted per vehicle.
Size, placement and removal of vehicles. No vehicle, cart, wagon or trailer or combination thereof which exceeds 28 feet in total length shall be used by any peddler.
Stationary sales prohibited. It shall be unlawful for any person engaged in peddling, whether or not a vehicle is used to peddle, to stand or remain stationary at any location for more than 30 minutes. For the purposes of this subsection, a "location" shall be all locations within a radius of 1,500 feet of the site at which a peddler (or vehicle) is actually situated. For the purposes of this chapter, the judgment of any peace officer, code enforcement officer of the Town of Southampton or police officer, exercised in good faith, shall be deemed conclusive. This subsection shall not apply to individuals exempted by § 254-11B of this chapter.
It shall be unlawful for any person to enter upon private or public property for the purpose of peddling before sunrise of any day or after sunset of any day.
[Amended 5-10-2005 by L.L. No. 19-2005]
The provisions of § 254-6A and B of this chapter shall not apply to 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. Where a duly licensed veteran uses a vehicle in his trade, one such vehicle shall be included without fee in the cost of the peddler's license issued to such veteran. Each additional vehicle used by such veteran must be licensed pursuant to this section, and no exemption shall apply with respect to the additional vehicle license fee provided in § 254-6B of this chapter. Where a peddler's license or vehicle license is issued to a licensed veteran, the Town Clerk shall issue a licensed vehicle license card similar to that prescribed in §§ 254-6D and 254-7 with the addition of the word "veteran" on the license or decal. A vehicle license decal will and shall be issued only if the vehicle is registered in the name of and operated by the veteran.
The following shall be exempt from the provisions of this chapter:
Charitable or other tax exempt organizations or persons in accordance with the provisions of § 401 of the Internal Revenue Code and/or § 1116 of the New York State Tax Law. All such organizations shall first register with the Town Clerk prior to conducting any peddling activities within the Town of Southampton.
Persons engaged in the distribution of a newspaper published at stated intervals for the purpose of conveying news to its subscribers, buyers or readers.
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 or any person solely engaged in the business of delivering such goods, wares, merchandise or provisions for or on behalf of one or more such permanent place of business.
Persons maintaining a regular scheduled delivery route for the delivery of goods which had been previously ordered.
Persons peddling meats, fish, fruit and farm produce, raised or produced by them.
The exemptions provided herein shall not be construed as an exemption from any state law which regulates the activities enumerated in this section.
Licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Southampton, by resolution, after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler.
Any violation of this chapter.
Conviction of a felony or a misdemeanor, which misdemeanor, in the judgment of the Town Board, renders the applicant unfit or undesirable under the standards of Article 23-A of the Correction Law of the State of New York.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Upon the recommendation of the Suffolk County Department of Health that the sale of food or food products or other edibles is being conducted under sanitary conditions or that there is a violation of law, regulation, code or ordinance cited by the Suffolk County Department of Health.
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 last known address at least five days prior to the date set for the hearing.
A first violation of this chapter, which is hereby declared to be an offense, shall be punishable by a fine of not less than $150 nor more than $350, or imprisonment for a period not to exceed 15 days, or both. A second conviction shall be punishable by a fine of not less than $350 nor more than $500, or imprisonment for a period not to exceed 15 days, or both. A third conviction shall be punishable by a fine of not less than $500 nor more than $750, or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional offense.