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SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 28, 2007
7: 50 PM
COUNCILMAN WICKHAM: NOTICE IS HERBY GIVEN THAT, there has been
presented to the Town Board of the Town of South old, Suffolk County, New York, on
the 31 st day of July, 2007 a Local Law entitled "A Local Law in relation to
Amendments to Peddlers, Solicitors and Transient Retail Merchants" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 28th day of August, 2007 at 7:50
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Peddlers, Solicitors and Transient Retail Merchants" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Amendments to Peddlers.
Solicitors and Transient Retail Merchants".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose - To update the procedures for registration and regulation of certain
peddlers, solicitors and transient retail businesses in the Town of Southold, and require
that they be located in appropriate areas.
II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows:
9 197-1. Legislative intent.
The purpose of this chapter is to pr0V01lt lmsilless praetiees of provide for the registration
and regulation of certain peddlers, solicitors and transient retail businesses from eJ(istiag
in the Town of Southold, ',vita eortmH sJ,eeptiElIls, as ataer/fise provided hereill, by
pro'fidillg for the registratiall aHd reglilatioH af tae eandliet of eertain peddlers, solieitars
and eanvassers and otherwise eliminatellig--certain practices.
9197-2. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
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August 28, 2007
PEDDLER -- A person who goes from place to place by traveling on foot or by any type
of conveyance on the streets or from house to house carrying, transporting or conveying
goods, wares, merchandise, foods, farm products or provisions, offering and exposing the
same for sale or making sales and deliveries to purchasers or who solicits orders and, as a
separate transaction, makes deliveries to purchasers. The word "peddler" shall include the
words "hawker" and "huckster."
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PERSON -- Includes the singular and the plural and shall also include and mean any
individual, firm, partnership, corporation, voluntary association, incorporated association,
club, society or other organization and any officer, employee or agent thereof.
SOLICITOR and/or CANVASSER -- Any person who goes from place to place or house
to house or stands in any street or public place taking or offering to take orders for goods,
wares or merchandise, except as hereinafter exempted, or for services to be performed in
the future or for making, manufacturing or repairing any article or thing whatsoever for
future delivery.
TRANSIENT RETAIL BUSINESS -- A retail or wholesale business conducted in a
temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel
of land; on a part of public right-of-way; or in any other place for a temporary period of
time. Lack of a rental or leasing agreement of three months' or more duration, sealed by
monetary consideration, shall be presumptive of a temporary situation. The type of
merchandise being offered for sale will have no bearing on the designation.
9197-3. License required.
It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or
dispose of any goods, wares or merchandise within the Town of Southold or to solicit or
act as a solicitor from door to door within the Town of Southold, or to operate a transient
retail business without first registering with the Town Clerk of the Town of South old as
provided in this chapter and obtaining the license prescribed.
9197 -4. Exemptions.
A. The requirements of this chapter as to the payment of a license fee (but not as to
registration) shall be held not to include the following persons, who are expressly
exempt from its application:
(I) Any person honorably discharged from the United States Army, Navy, Air
Force or Marine Corps or other components of the military forces of the
United States.
(2) Persons engaged in delivering merchandise of any nature whatsoever on
regular, scheduled routes to regular costumers, including specifically but
not limited to persons delivering dairy products, bread and other
merchandise over such routes; and, with respect to persons mentioned in
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August 28, 2007
this subsection, they shall be exempt from all requirements of this chapter
relating to the payment of the license fee or license fees, terms and
conditions.
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B. This chapter shall not apply to any of the following: [Amended 3-24-1992 by 1.1.
No. 8-1992]
(1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3) Any person selling personal property at wholesale to dealers in such
articles.
(4) The sale of fruits and vegetables raised on the property where being sold.
(5) Persons soliciting, collecting or operating a sale on behalf of any local
bona fide charitable, religious, patriotic or other organization of worthy
cause deemed to be in the public interest and which organization is
represented locally by a Town resident.
(6) Any person selling personal property at a garage sale held at his resideHee.
(7) The sale of newspapers.
(8) ,'\By merehllflt ha'iiHg !IIi estaBlished jllaee oflll:lsiHess withiIl the TOWIl of
Southold.
S 197-5. Permitted activities.
A. The following activities shall be the only activities which can be licensed pursuant
to this chapter:
(1) The sale of ice cream, milk and other dairy products.
(2) The sale of hot dogs, soda and other items customarily found on hot dog
vending trucks.
(3) The operation of coffee trucks and the sale of goods ordinarily associated
therewith.
B. All other businesses hereiHaBOVe defined as transient retail businesses shall be
illegal in the Town of South old.
S 197 -6. Application for license.
Any person desiring a license under this chapter shall first register with the Town Clerk
ofthe Town of Southold and shall file with said Town Clerk an application, in writing,
containing the following information:
A. The name of the applicant.
B. The applicant's permanent home residence.
C. The name, address and telephone number of the person from whom goods making
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up the stock, if any, were or are to be purchased.
D. Three bona fide business references.
E. The place or places of residence of the applicant for the next preceding three
years.
F. Two recent photographs ofthe applicant, approximately 2 1/2 inches by 2 1/2
inches in size, together with a complete set of fingerprints.
G. A description of the goods, wares or merchandise to be sold and offered for sale
and/or the purpose of his proposed canvassing or solicitation.
H. For transient retail business. the location where the business will be conducted
and a survev showing the proposed location.
R.I. The length of time for which the license is required and registration is to be
effective.
H. Details of any arrests or convictions for misdemeanors and crimes, including the
nature of the offense for which arrested or convicted, the date of conviction and
the place where said conviction was had.
"-'K. To said application and as a part thereof, there shall be attached a letter from the
firm or corporation for which the applicant works, authorizing the applicant to act
as its representative.
KL. A statement by a reputable physician, dated not more than 10 days prior to the
submission of the application, certifying the applicant to be free of contagious
infections or contagious diseases.
b.M. An authorization certification from the New York Sales Tax Bureau.
9197 -7. IB-;estigatioH of a]3]3lieallt. Application referral.
A. Each application shall be referred to the Police Department, which shall, without
delay, institute soofl an investigation of the applicant's business and moral
character as it deems necessary for the protection of the public good and complete
the same within a reasonable time. No license shall be issued until the application
shall have been approved by the Police Department. The approval or rejection
shall be endorsed on the application by the Chief of Police or officer in charge.
Ii. Transient Retail Business Applications shall be referred to the Building
Department for review of compliance with zoning and site plan requirements.
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
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S 197 -8. Issuance oflicense; records; possession.
A. The license shall be issued on forms drawn in accordance with this chapter. They
shall be consecutively numbered and shall contain spaces for the insertion of the
name, location of the business and amount of fee paid.
B. There shall be kept in the office of the Town Clerk the necessary books for
recording the time the application was received, showing whether it is an
application for a new or renewal license, the name of the license, the date of
approval by the Town Clerk, the amount offee received therefor and the date
when the license was issued.
C. Every person holding a license under this chapter shall be required to have in his
possession the license at all times while actually engaged in peddling.
S 197-9. Fees; expiration oflicense.
A. The nonrefundable fee for each license application pursuant to this chapter shall
be $200 per year or $50 per day or fraction thereof.
B. Licenses shall be issued on an annual basis and shall expire on December 31 of
the year of issuance.
S 197-10. Restrictions.
A. A hawker, peddler or solicitor shall:
A.
B.
G.
9.
E.
F.
G.
Ii.
1.
Not engage in such business at any time between the hours of 8:00 p.m.
and 9:00 a.m.
Not willfully misstate the quantity or quality of any article offered for sale.
Not offer for sale any unwholesome, tainted, deleterious or diseased
provisions or merchandise.
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered and
protected from dirt, dust and insects.
Not call attention to his goods by blowing a horn, by ringing a bell other
than a house doorbell, by shouting or crying out or by any loud or unusual
nOIse.
Not stand or permit the vehicles used by him to stand in one place in any
public place or street for more than 10 minutes or in front of any premises
for any time if the owner or any lessee of the premises objects.
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the purpose
of selling or exposing for sale any goods, wares or merchandise.
Not engage in such business within 500 feet of any school between the
hours of7:00 a.m. and 4:00 p.m. on school days.
1.
J..
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~.
Q.
1.
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I.
2.
Not sell or peddle prepared foods of any kind, including ice cream,
confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers
and other sandwiches, on any Town beach upon which is located a
concession stand operated under an agreement with the Town or on any
parking area adjacent thereto.
Not peddle or solicit in anv congested place or area when or where such
activitv mav impede, endanger or inconvenience the public or add to the
congestion of such place or area. For the purposes ofthis subsection. the
iudgment of anv peace officer. code enforcement officer of the Town of
Southold or police officer. exercised in good faith. shall be deemed
conclusive as to the existence of congestions and as to whether the public
is impeded. endangered or inconvenienced.
10.
~. A transient retail business shall be:
L Located on a properlv in a zoning district where retail is permitted.
b Subiect to site plan review bv the Planning Board for adequate
ingress/egress and parking.
S 197 -II. Revocation of license; hearing.
A license may be revoked by the Town Clerk or the Chief of Police by reason of
violation or the terms ofthe license. the violation of any Town ordinance or state or
federal statute or falsification or fraud in applying for the license. The licensed person
may, upon making application to the Town Clerk, in writing, request a hearing by the
Town Board upon the revocation or suspension of the aforesaid license.
S 197-12. Signs.
f,ppropriate sigRs, as tRe Town Board oftRe TOWR ofSoHtRold sRall deem Reeessar)',
shall Be ereeted B)' the Highway DepartmoRt of the TO'lm of SOHthold at Slieh plaees
withiR the Town ofSoHthold as the TO'....R Board direets, advisiRg of the existenee of this
ehapter.
Anv signs associated with sales and business conducted pursuant to this Chapter shall be
subiect to Chapter 280, Zoning. Article XIX. Signs. of this Town Code.
S 197-13. Penalties for offenses.
Any person required by this chapter to procure a license who violates its terms or who
violates any ofthe provisions of this chapter shall, upon conviction thereof, forfeit and
pay not less than $500 or more than $2,500 for the first offense and no less than $1,000 or
more than $5,000 for the second or any subsequent offense.
III. SEVERABILITY
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
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If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
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IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
I should just let the people know that the Town Board got some information just today
during our work session that has given us additional insights into this law where we look
forward to your input, we look forward to your comments but I think we are probably
going to go back and change certain parts of it before we act on it.
SUPERVISOR RUSSELL: I will clarify that in a minute.
COUNCILMAN WICKHAM: I have comments from the Planning Board to this
proposed law, it is a short memo from the Planning Board dated August 28th. "As
requested the Planning Board has reviewed this proposed local law and finds that the
proposed amendments are a vast improvement over the current law. The Planning Board
recommends approval of this law subject to the following comments and
recommendations. 1. We request that the legislation be gender neutral by replacing the
term 'him' with 'applicant'. 2. We suggest adding the following sentence under section
197-lOB, as reviewed by the Planning Board to ensure the preservation of the unique
visual and historic setting of the Long Island North Shore heritage area and the Town of
Southold designated scenic byways and finally it is recommended that outdoor seating be
prohibited." I have a memo from Mark Terry, the LWRP coordinator. "We find this
proposed action is consistent with the policies, standards and therefore is consistent with
the L WRP law." And finally, Suffolk County Department of Planning, "Pursuant to the
Suffolk County Administrative Code, this application is not within the jurisdiction of the
Planning Commission." Comments from Bill Cremers, a former member of the Town's
Planning Board, his comments are different from, additional to those of the Planning
Board itself, dated August 24th. "The following are comments to a local law entitled A
Local Law in Relation to Amendments to Peddlers, Solicitors and Transient Retail
Merchants. Under definitions the transient retail business, one can delete the words 'or
wholesale' I don't believe anyone will be selling wholesale hotdogs. Under a lack of
rental or leasing, change to a fixed time frame. And Section 197-10, restrictions, A
transient retail business shall be, I., located on a property in a zoning district where retail
is permitted. Webster's Unabridged Dictionary defines retail as 1. The sale of
commodities or goods in small quantities to ultimate consumers, as opposed to wholesale,
which is an economic good or a product of agriculture, mining or sometimes manufacture
as distinguished from services. Retail is permitted in all districts except HD, AHD and
RO. Other districts already state 'the retail sale of etc. etc or any permitted use' and he
describes the AC, R-80, R-40, RR and LB as allowing retail sales. I suggest the zoning
districts for transient retail business will be permitted actually be listed, each one of those
districts should simply be listed. Restrictions, subject to site plan review by the Planning
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
Board for adequate ingress, egress and parking. On that subj ect, since some business
zones are adjacent to residential zones, the review should include a review for buffers.
Parking requirements for trailer and tables need to be added. Is a public hearing
required? Does the Architectural Review Committee need to be involved?" I have
documentation that this has appeared on the Town Clerk's bulletin board outside and it
has appeared as a legal in the local newspaper.
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SUPERVISOR RUSSELL: Okay, would anybody like to come up and address the Town
Board, oh, let me just clarify one thing before. There are, several of the problems with
the legislation would be considered substantial changes so we would have to go to re-
draft it and go to a new public hearing on this to make those types of changes. It is very
problematic to have a law that says you have to restrict it to areas where only retailing is
allowed and then fundamentally allow retailing in just about every zone you offer. So it
is problematic, we are going to have to make some changes. We went ahead with the
public hearing because we do want to hear what people have to say regarding this
legislation if we are going to undertake redrafting it. We want to include your comments
and concerns in any new product. So would anybody like to come up and address the
Town Board on this issue? Also, we do have a lot of people here, I do need everybody to
go to the mic, state your name fully and your hamlet for the record.
DENIS SALZMANN: My name is Denis Salzmann and I live in Southold. I am the
owner of Dennis' hotdog truck and which this meeting or part of this meeting is being
conducted. I opened my truck for business in May of 2007 after securing all the required
paperwork from the Town, County and New York State. I also have insurance on both
my truck and the business. On opening day at the location of Route 48 just west of
Ackerly Pond Road, I wasn't opened for more than two hours and the Code Enforcement
Officer stopped by to question me regarding my permits and permission to be at this
location. I showed him all my permits, informed him that I had the permission of the
landowner to be there and he thanked me and said everything appeared to be in order.
About a month after Denis' Dog House opened for business, a second hotdog truck, East
Coast Dogs opened for business on the comer of Horton Road and 48. I was surprised
that the Town would again allow another hotdog truck to operate at this site so close to an
established restaurant. While planning to open my own business and looking for a site, I
chose not to pursue a specific location because it was too close to an established
restaurant. Instead I selected a site a mile west of Horton's Road because I believed it
was far enough away from other businesses and would have little impact on residents and
other eating establishments. A week or two after the second hotdog truck opened for
business, Scott Russell stopped by at my truck and informed me I was a retail business
operating on agricultural property and there was a possibility that I would have to move.
Mr. Russell informed me that the Town would work with me to correct the situation
because the Town realized they had made a mistake. In the meantime, East Coast Dogs
was placing several large signs at their location, along the roadside both east and west of
Horton's Road on other persons property. So after that, I had a second visit from Mr.
Forrester, the Code Enforcement Officer. He informed me that I only one sign was
permitted on my leased property. None of my two signs were too large, nor anyplace on
anyone else's property but he had to stop by and officially advise me because he had to
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
speak to the other person also. Again, Mr. Russell stopped by that he had to speak to the
operator of the second hotdog truck about the size of their signs and their placement, so
he was also speaking to me at the same time. He didn't say that there was anything
wrong with my one sign. The next thing I know, lightening strikes. A reporter from the
Suffolk Times stops at Denis' Dog House and asked me about an upcoming meeting at
Town Hall on the hotdog wars. I didn't know anything about the meeting and certainly
didn't care for the term war and therefore chose not to comment to the newspaper at that
time. The Suffolk Times then ran a full page story about the two hotdog trucks and their
locations and signage. Thankfully the story also clearly stated that Mr. Russell had
informed them that I had done everything by the book but yet there was a question about
the zoning. As written, the article made it sound as if the second hotdog truck had
opened for business before I had and that we were having a sign war, just to set the
record straight, let me repeat: Denis' Dog House opened for business first and I did not
engage in a sign or a hotdog war. That is not my style. The article closed with a quote
from Mr. Russell, 'If we don't do something, we are going to have a hotdog truck in
every field.' Yes, please do something but not something that will put me out of
business. Why do you have to go to that extreme? For example, you could limit the
number of permits issued. Require that a truck be owned and operated by a resident of
the Town or hamlet in which it is going to be located. Please, use your heads in this
matter. Because I was upset with the seeming harassment about the operation at my site,
I did hire an attorney to represent me with the Town if needed. There was some
discussion about Denis' Dog House moving to Town beach, however, the Town never
came to any conclusion on the subject or worked with me on that or any other alternative
site. A second lightening bolt strikes. The next thing I know, my attorney called me and
advised me that the Town Board established a legal notice, a proposed change to code
that the hotdog trucks operate under and that there was a meeting tonight. It doesn't
appear to me that the Town officials interested at all in working with me to correct the
situation they allow. It appears that someone is only interested in putting me out of
business. Before the Board makes a decision, I would like them to consider that I did, in
fact, follow all the Town rules regarding this business and continue to do so since day
one. I am confused with the fact that my business gets such immediate attention and
scrutiny from the Town officials and yet anyone can check out for instance, the signs at
the farmstands, the wineries. How many signs do they have? How large are they? I
happen to have some pictures, probably that is for later on, of the signs around town that
offend me. Is someone going to do something about that? As you can see from these
pictures, there are farmstands selling items not from their own farms or the five eastern
townships. Maybe even from out of state. Are they under scrutiny for their retail sales
on agricultural land? And what about the mini-amusement park atmosphere? Are they
cooking on premise? Perhaps selling too many manufactured items? Imported cheeses.
A cigar store on a vineyard property. Are they catering halls or are they wineries? What
about the traffic they cause? You have got the picture. How many used car lots do we
have in this Town? I constantly see cars almost, and almost anything else being sold,
particularly on Route 48 and Tuckers. I thought that Mullen and Lucas were the only
new and used car lots in town. There was one marina that constantly has a boat for sale
at Wickham and 48. I don't know whether that is an advertisement for the marina or they
are operating a retail business on the side of the road. Who knows? No one from code
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Peddlers, Solicitors and Transient Retail Merchants Public Hearing
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10
enforcement appears to be working on the weekends, so people can do whatever they
want. Be it construction, sales, signs or whatever. Probably everyone has seen the article
published in yesterday's Newsday. One of the things that struck me in the article was
that it says that the Town has been working on revising the farmstand code for three
years. Is that true? And the farmers police themselves. That is interesting. You have
been working on the farmstand revision for at least three years, you have been working at
the animal shelter for over 10 years, you have been working at the new Town Hall even
longer than the animal shelter. But you can revise the Town Code for the operation of a
hotdog truck quick enough, can't you? You can crush a simple working man's business
at the speed of lightening. I suggest that you are practicing selective code enforcement
and my rights are being trampled on. The issue of safety has also come up regarding the
location of Denis' Hot Dogs. Let's review everyone's business location and the accidents
that have happened in front of their locations. Denis' Hot Dog truck has not caused any
traffic jams or congestion at the site. No one has been killed in front of my business, no
pedestrians crossing to the beach or a restaurant have been hit at my location as has
happened at other business sites. I don't sell alcoholic beverages to anyone, they can
drive their motorcycle or cigarette boats any faster or up on jetties as has happened in the
past. I wanted to open up a hotdog truck to serve the people of Southold and its visitors.
I wanted to enable people from all walks of life to purchase the all American hotdog,
prepared the old fashioned way, for a reasonable price. I wanted families to enjoy a
traditional hotdog, lunch without breaking their pocketbooks. Hotdog trucks are the
American tradition. They traditionally operate from a set location on the side of the road.
Some towns have been overrun with too many trucks and some seedy looking ones. I
admit this and I wouldn't want to see it happen anywheres on the North Fork. I was as
surprised as anyone that the Town would allow two hotdog trucks to operate within a
mile of each other. Yes, something has to be done but I don't think Denis' Hot Dogs
should be put out of business to get control of the situation. I have gone out of my way to
keep it clean, neat, safe, pleasant and tasteful operation, trying not to offend anyone. And
make no mistake, putting me out of business is exactly what this code is aiming at. The
proposed code would require a hotdog truck to operate only at sites that have been zoned
retail business. I pulled up the zoning map of the Town to see where I can operate and
they don't even have the designation called retail business. The Town doesn't even
propose a hotdog truck be permitted to operate on commercial business or industrial
property. Only retail. More over, if we could find a landlord owning a retail business or
zoned business willing to rent the space to my hotdog truck, they would have to have a
survey and a site plan review by the Building Department and we all know how long that
would take. And there is no doubt a cost involved for all in this. What prospective
landlord would want to go through that? Since Denis' Hot Dogs has opened, thousands
of hotdogs have been sold. There was a market out there and we are serving a need.
Many people tell me every day how happy they are that they can stop and enjoy a decent,
inexpensive meal. One customer jubilantly explained that Denis' Hot Dogs is the best
thing that happened in Southold. I don't know about that part but...Denis' Dog House
provides a friendly atmosphere and we really enjoy our customers. I propose that the
Town either grandfather me in as a non-conforming business as they did when they
changed the code for farmstands or completely reimburse me for the loss of income, the
investment made that is relying on the Town code. Everyone has admitted and agreed
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
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11
that I have done nothing wrong. I made a significant investment to operate this business
in the Town of Southold and follow the rules. Southold is where I live, the Town my
family and I have been homeowners in for over 60 years. I volunteer my time at the
Southold Fire Department, serving as a first lieutenant in the fire police. I also serve as a
volunteer on the Town Advisory Committee. My motto has been to live and let live. I
have never complained to the Town about anything, preferring to allow people to do what
they have to do to make a living. I hate that these circumstances have put me in the
position of being the type of person I don't want to be, complaining about other people
just to make my point. And speaking in the first person is something else I don't like to
do. I am a resident who is committed to serving his community. I chose to live here,
plan to die here, peacefully. Instead, the Town Board is killing me. In spite of that, I will
close with one of my favorite expressions and one that I try to live by. Peace be with you
and let it begin with me; aided by you of course. Thank you. And thank everyone up
here.
SUPERVISOR RUSSELL: I really thought you guys were here for the Ag PDD thing.
Denis, let me just bring some clarity to some things. First I did stop by to see you at the
hotdog truck not because, I didn't say that the Town made a mistake, I said it was clear
that you thought you were doing everything right based on the law but we have a bad
law. That is a lack of clarity. I actually met with your attorney and I happen to agree
with her legal opinion on the lack of standing there. also, the quote in the Suffolk Times,
'If we don't do something we will have them in every field' I told you a long time ago,
that actually wasn't my quote, it was actually another councilman's quote that had been
attributed to me in the paper. But he raises a point, how many, what do you, if you don't
bring at least some governance of some type, I am not saying this law is the way to go but
if you don't bring some governance of some type, how do you provide a level playing
field for the businesses out here that actually pay property taxes to have a commercial
enterprise and to get into that retail, so we need to bring some leveling affect to all of this.
I also told you I think you would deserve a, I am not a legal advisor by any stretch but I
also thought that because you thought you were doing everything right, you followed
every rule, you should be able to qualify for some sort of pre-existing, non-conforming
standing ifthere is such a thing with this legislation. You were there before any new law
comes to be. With that being said, would anybody else like to come up and address the
Town Board?
JOAN FLECK: Joan Fleck, Bay Avenue in East Marion. A few weeks ago, I was very
aware of ice cream trucks going around because of the jingle that they make. I have been
living here for 14 years and I never heard that before.
SUPERVISOR RUSSELL: Ice cream trucks are permitted. Actually, under the current
law, the peddler's law; they are not supposed to be ringing bells or anything of that
nature. One was doing, I actually grew up here with the ice cream trucks and they never
used them but I guess some are now. They are not supposed to but they are certainly
permitted to drive through the communities to sell ice cream.
MS. FLECK: How do you stop them from the music?
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
SUPERVISOR RUSSELL: What you need to do is if you can't successfully discuss the
issue with them, just call us and we will send someone out to talk to the vendor. About
not ringing the bell.
12
MS. FLECK: Okay. Thank you.
COUNCILMAN KRUPSKI: I have to, before there is another comment. I do have to
compliment the Supervisor, he has been, I think he has handled this pretty well
throughout the whole thing because it is kind of an odd issue. And these things come up
actually all the time in Town, where something new comes up and the code is silent on it
or it is not addressed properly or it is outdated or antiquated and it takes time to react and
you want to get everybody's opinion on what is best for the Town, not just today but you
know, five years, ten years from now. so, I think he has handled it pretty well overall and
we are making progress. That is why we have public hearings, to get input on these
things.
SUPERVISOR RUSSELL: Would anybody else like to comment?
ED COAKLEY: My name is Ed Coakley and I am a friend of Denis and I just would
like the Board to think again about the financial impact not only on Denis but on the
other person who operates the other hotdog stand. That they have followed the proper
Town procedures. I don't like the fact that the other person has a sign the square footage
of which is larger than Lucas Ford and Eric's combined, I don't think that is right but
again, there are other options. Grandfather both vendors for a period of years,
grandfather their locations, grandfather the right to do business for a period of years
during which the business stays in their immediate of family or family. At the end of that
period, if they decide to sell the business then their rights under the grandfather provision
expire. There has to be a way to treat both of these people equitably as I believe they
both have the right to do business in the Town of Southold, thinking that their efforts
were in line with the current provisions and ordinances in Southold.
SUPERVISOR RUSSELL: I agree. You made a good faith to follow the rules and the
rules happen to change on you, that is something the Town Board should be cognizant of,
I agree with that. On the other issue, the sign. I think that sign story got a little bit out of
hand. We just really had some issues with the signs governing, with one vendor. It
wasn't a sign wars, I never saw you with more than two, tops. So I think that was just
sort of a side issue that sort of got a little bit more focus than it needed to.
BRIAN MAHONY: Brian Mahony, resident of Southold. A crazy thing like hotdogs, I
mean how this got all this attention. And the young lady brought up about the ice cream
trucks, there are two of them that are going from Southold, one after the other with the
music, whatever they play. But yeah, if they want to make money, that is fine. I don't
have a problem with that, I really don't. and I am not picking on anybody in the room
here but go back to the farmstand issue. We have farmstands selling Christmas trees that
aren't even grown out here, that come from Canada. We have farmstands baking pies
that come from Mrs. Smiths. And all of a sudden, we have got a couple of guys selling
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
13
hotdogs and everybody in this Town, Ijust can't believe this Town Board and these code
enforcement people ain't got nothing better to do. I just can't believe that it has come to
this, that you even allowed this circus to start like this. And meanwhile, you go to
farmstands and I am not picking on you, Mr. Wickham but I see, not your farmstand but
other farmstands (inaudible) some of these farm stands that is not made out here that has
no business being in the farmstand. And now where do you draw the line of they are
selling roasted com, some of them are selling hotdogs, some of them are selling other
things. Where are you going to draw this line? You are not going to make everyone
happy. And I think, you know, like Denis said, he was there, he did everything right.
and I am behind him, I think the man has got a legitimate point. But then you have got to
go back and change the rules for everybody else because it is, you know, maybe Mr.
Wickham has been there 100,200 years or whatever. That is beside the point. You are
not going to make the rules and change them as we go along and that is what you guys
can do all the time with a lot of other issues in this Town and that is why I am here
speaking up tonight because this is not, I mean it is a hotdog issue tonight but what is
going to be the next issue? And you guys have got to start playing a little bit more
consistent on your rules and not make them as you go along because that is what happens
in this Town all the time and I disagree with some of the decisions you guys make and
how it is done and how the process is followed and I think you guys need to, you know,
really look at the issue because if you get Denis then we start to look at farmstands,
produce stands, ice cream trucks. Where is it going to end? That is all I have to say.
Thanks.
JL CONWAY: JL Conway, I live in Southold. I agree with grandfathering this in. I
don't want to see this deteriorate to the name game and blaming everyone. And I don't
think we want to see vendors on every street, so whatever you do, just grandfather these
people in but restrict it somewhat in the future. Thank you.
BOB BOERGESSON: Bob Boergesson, Southold. For those of you who don't me, I
have lived in Town my whole life. Spent about eight or nine years on the road doing
clinical evaluations on patients on Long Island and probably have hit 75% of all the
hotdog trucks on Long Island at some point. The two that we have here in Southold are
pretty classy hotdog trucks compared to some of them I have stopped at. I think one of
the things we have heard, now, do I understand that this hearing now will be extended to
another hearing before any decision is made?
SUPERVISOR RUSSELL: It is clear we would have to re-draft legislation. It is
significant enough of a change that we would probably re-require a new hearing. The
hope is tonight is to incorporate a lot of this into a discussion.
MR. BOERGESSON: Having spent 21 years on the school board, I think you are taking
the right stand on that. There is no doubt about that. And the other thing is, if you are
going to pursue this, the grandfather thing is probably not a bad idea but maybe you
should tweak the amendment a little tighter though on the Town's ability to issue the
permits per location. I think Denis had a good point, that you know, he opened where he
thought was okay.
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
SUPERVISOR RUSSELL: Mmmlunm.
14
MR. BOERGESSON: The other one opened less than a mile away. Probably not a good
thing for the Town to have allowed to happen. Maybe if you put a five mile circle or
something you know, in where you are going to issue permits to. I am not sure you are
allowed to do that but you know, that sort of tweaking before you get to the next public
hearing so we are all pretty happy with the outcome.
SUPERVISOR RUSSELL: To be frank, it is kind of a tough call because I think why
you got so much attention is because it was a hotdog truck in the middle of a farm field.
Yet when you look at a hotdog truck right next to an existing business that paid a lot of
money to do a site plan, is that really better for you? to be right next door and going head
to head with, it is a tough call, I am not sure we didn't over react a little bit to the
presence of two hotdog trucks. But again, it is not the two it is the 20 and that is where
you want to be cognizant of. But I think that there is no real reason to not be a little bit,
to step back a little bit from this and be a lot more thoughtful in the types of legislation
that we want to create.
MR. BOERGESSON: Many years ago when I was frequenting hotdog trucks much more
often, I thought it might be a good thing to do and when I looked into Suffolk County
regulation on it and I don't know ifit is any longer in existence but it said that you could
not vend within 500 feet of a licensed restaurant, licensed by Suffolk County. I don't
know whether that is still in effect now, I presume not because I would think code
enforcement would be on that like, you know, a dog on a rabbit. But, anyway, thank you
for listening to me.
SUPERVISOR RUSSELL: No, I appreciate it, Mr. Boergesson, very much. And Denis,
I tried keeping the communication with you open because I know that you went through
the whole process as fair and square as you could. And just as a side note, I went to him
a couple of weeks ago and I pulled up in my car and I walked to the window and he said,
'is this good news or bad news' and I said 'I need four hotdogs and two bags of potato
chips.' He said, 'that is good news.' So, we bat about .500. Would anybody else like to
comment on this issue.
COUNCILMAN WICKHAM: Did you pay for them?
SUPERVISOR RUSSELL: Yes, I did. Yes, I did. No discount there.
MR. SALZMANN: He left no tip.
SUPERVISOR RUSSELL: That is right. I don't tip owners. I don't tip my brother,
either. Would anybody else?
BILL WITZKE: Good evening, I am Bill Witzke from Southold. I am a business owner
in this Town also and we all know without rules, it is mayhem. And I feel kind of
unfortunate for this whole situation for Denis, he is a very good friend of mine and I
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
don't envy you of being in this position how to do this juggling act right now. but if
somebody came to me after I did all the rules and regulations and followed everything
like I was supposed to do and says hey by the way, we are not going to let you do it
anymore, I would be rather upset, to say the least. And I can certainly empathize with
Denis being in that position. So I can only implore you to please, before we make any
other decisions on this to take into account a man's livelihood here. I realize we have a
beautiful town, you have a very big responsibility to keep it in that condition and we
don't want, as anyone said, these establishments on every comer. But as you have said,
he has already been allowed to establish a business, so take that into account. Thank you
for your time.
15
SUPERVISOR RUSSELL: Thank you, Bill.
ANN MEDFORD: Ann Medford, Southold. I just want to follow up on what Bill just
said. I don't think that the issue or the fact that this is a hotdog stand is really the issue at
hand. I don't think that the issue and the fact that he is a wonderful human being and a
great member of the community is the issue. I think you have an opportunity as a Board
when you go back and review this thing to really make a statement to us, the general
public, those who have to go for permits for our homes, those who have to go for permits
for future businesses, to come back and say, there was a situation, we have Denis as an
example of an honest man who is doing the right thing, who has stood by it. Had an
opportunity to blast whoever he wanted to in that article and chose not to do it and to use
him as a rising example of someone who tries the right way and turn it back to the Town
and say we respect that and we reward that, I think that is your opportunity.
SUPERVISOR RUSSELL: Very good point. Very good point.
CHIP PENNEY: My name is Chip Penney, I live in Greenport. I am a friend of Denis'
and I think he makes a valid point when you have to be very careful, the language of this
law that you are going to state, you know, how he can present his signs and the type of
products he can sell and whether or not he is selling com he is selling hotdogs, if you are
going to go that strict and determine how he is going to conduct his business, you really
should look at considering farmstands in this type oflaw because you know, anytime you
travel Route 48 during the season, you know, you can see farmstands operating on either
side of the road and it is a tremendous safety issue. When you talk about safety and
somebody, you know, you are going to say to Denis somebody might get hit out in front
of your hotdog stand, there is many times I have been through Mattituck on Route 48 and
have had to stop for people crossing the road, parking on both sides of the road. You
know, you need to expand the language and everybody loves farmers, I love farmers, I
love living in Southold but also you know, there should be no difference between a
farmer and a business owner. And I just think that should be revisited before this
language is written. Thank you.
SUPERVISOR RUSSELL: Thanks, Chip. Would anybody else like to come up and
address the Town Board? (No response) Can I get a motion to close?
Peddlers, Solicitors and Transient Retail Merchants Public Hearing
August 28, 2007
COUNCILMAN KRUPSKI: No, we can't close it.
16
SUPERVISOR RUSSELL: Well, we can close it...
COUNCILMAN WICKHAM: I think we should close it because we are going to revise
it and bring it back and re-open a whole new hearing. I don't think we should continue
this one.
ASSISTANT TOWN ATTORNEY CORCORAN: Anything you do is going to require a
re-notice and a re-hearing at this stage. Close it, don't act on it.
SUPERVISOR RUSSELL: We are going to close this hearing. I will get a vote from the
Board and you know, I am going to strongly suggest that we consider tabling this
legislation, look around and what we can come up with that is fair and considers
everything that was said. We don't want this thing to exacerbate throughout the entire
community but we want to be respectful of people that do follow the rules, even if the
rules aren't good and that was an excellent point. Can I get a motion to close?
* * * * *
A.A;';' 7fAO 11dIl
~: Neville
Southold Town Clerk
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVCD
MEMORANDUM
"'1'1 (I ?oJ07
,'-\\...\.; L..
To: Scott Russell, Supervisor
Members of the Town Board
Soulhi;ld Tv.;'n Clerk
From: Jerilyn B. Woodhouse, Chairperson
Members of the Planning Board
Date: August 28, 2007
Re: "A Local Law in relation to Amendments to Peddlers, Solicitors and
Transient Retail Merchants."
As requested, the Planning Board has reviewed the above-referenced local law and finds
that the proposed amendments are a vast improvement from the current law. The Board
recommends approval of the local law, subject to the following comments and
recommendations:
I. The Planning Board is requesting that the legislation be gender neutral by
replacing the term "him" with "applicant."
2. Add the following sentence under Section 197-10B:
a. Reviewed bv the Planning Board to ensure the oreservation of the unique
visual and historic setting of the Long Island North Shore Heritage Area
and the Town of South old designated Scenic Bvwavs.
3. It is recommended that outdoor seating be prohibited.
If you have any questions or need additional information, please feel free to contact this
office.
.
Southold Town Board - Letter
. LL-
Board Meeting of August 28, 2007
RESOLUTION 2007-714
ADOPTED
Item # 21
DOC ID: 3133
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-714 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 28, 2007:
RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A
Local Law in relation to Amendments to Peddlers, Solicitors and Transient Retail
Merchants" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6
NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself
as lead agency for the uncoordinated review of this action and issues a Negative Declaration for
the action in accordance with the recommendation of Mark Terry dated August 27,2007, and
authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith.
~a~C7.~-'th.
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Russell
ABSENT: Louisa P. Evans
Generated August 30, 2007
Page 32
.
" ,p:T.?/./2Z.c~
/;,.~~ \)r SOlJ~'i'~
:n~.\\..
CI" ;.: !'\'
c::; ~I'
~. ~{i
r,f COUNTi .\\~l
~.?rm';rp:r
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfor k. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
-P1~Y'\(\; "5 130A-l'd C.om(YJ~is
MEMORANDUM
RECEIVED
To:
Scott Russell, Supervisor
Members ofthe Town Board
AUG 2 8 2007
From: Jerilyn B. Woodhouse, Chairperson
Members of the Planning Board
Sou/hold Town Clerk
Date: August 28, 2007
Re: "A Local Law in relation to Amendments to Peddlers, Solicitors and
Transient Retail Merchants."
As requested, the Planning Board has reviewed the above-referenced local law and finds
that the proposed amendments are a vast improvement from the current law. The Board
recommends approval ofthe local law, subject to the following comments and
recommendations:
I. The Planning Board is requesting that the legislation be gender neutral by
replacing the term "him" with "applicant."
2. Add the following sentence under Section 197-IOB:
a. Reviewed bv the Planning Board to ensure the preservation of the unique
visual and historic setting ofthe Long Island North Shore Heritage Area
and the Town of South old designated Scenic Bvways.
3, It is recommended that outdoor seating be prohibited,
If you have any questions or need additional information, please feel free to contact this
office.
.
NO. 141 P 1
. If P /.! '7s~/~0
MAILING ADDRESS:
P.O. 13= 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765--8136
AUG. 27. 2007 12:o7PM
OFFICE WCATION:
Town Hall Annex
54375 Stat.. Route 25
(cor. Main Rd. & Youngs Aye.)
Southold, NY
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To: Town of Southold Town Board ~
Patricia Finnegan, Town Attorne)'
From: Mark Terry, Principal Planner
L WRP Coordinator
Date: August 27,2007
Re: "A Local Law in relation to Amendments to Peddlers. Solicitors and Transient
Retail Merchants"
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP)
Policy Standards. Based upon the information provided on the L WRP Consistency Assessment
Form submitted to this department as well as the records available to me, it is my determination
that the proposed action is CONSISTENT witb the Polity Standards and therefore is
CONSISTENT with tbe L WRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Ene.
Ce: Kieran Corcoran, Assistant Town Attorney
. .
COUNTY OF SUFFOLK
PII 7'::,"0
6:/47
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISlES, AICP
DIRECTOR OF PLANNING
August 21, 2007
RECEIVtD
Aue ? 7 2007
Ms. Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road - P.O. Box 1179
Southold, NY 11971
SCl!lhdd TH. n Ckrk
Re:
Resolution No. 2007-657
Amendments to "Peddlers, Solicitors and Transient
Retail Merchants"
SCPC File No.: SD-07-NJ
Dear Ms. Neville:
Pursuant to Sections A 14-14 to 23 ofthe Suffolk County Administrative Code, the above referenced
application is not within the jurisdiction of the Suffolk County Planning Commission.
Very truly yours,
APF:cc
lOCATION
H. lEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(631) 853-5190
TElECOPIER 631) 853-4044
,
.
.-,' fpt/c1
?'SO
RECEIV::D
August 24, 2007
",..... ,
To: Supervisor Scott Russell and Members ofthe Town Board
From: Bill Cremers
Sou!l101d Tl>V-"R Clerk
Subject: A Local Law in Relation to Amendments to Peddlers, Solicitors and Transient
Retail Merchants
The following are comments to a Local Law entitled "A Local Law in Relation to
Amendments to Peddlers, Solicitors and Transient Retail Merchants".
Section 197-2 Definitions
Under Transient Retail Business delete "or wholesale". I don't believe anyone
will be selling wholesale hot dogs.
Under "Lack ofa rental or leasing.........". Change to a fixed time frame.
Section 197-10 Restrictions
"B. A transient retail business shall be:
I. Located on a property in a zoning district where retail is permitted."
Webster's Unabridged Dictionary defines retail as:
retail I. the sale of commodities or goods in small quantities to ultimate
consumers - opposed to WHOLESALE.
commodity 2a. an economic good: exp: a product of agriculture, mining or
sometimes manufacture as distinguished from services.
Retail is permitted in all districts except HD, AHD and RO. Other districts state:
AC, R80, R120, R200. R400
Section 280-13Ad
"The retail sale of.........."
R40
280-17A-I
"Same as 280-13A"
RR
280-35A-I
"Any permitted use........280-13A"
LB
280-4IA-l
"Any permitted use........ . 280-13A"
.
.
HB
280-44A-7
"Retail stores......"
I!
280-47 2a
"Retail stores......."
MI
280-52A-7
"Retail sale of......."
MIl
280-54A-9
"Retail sale of........"
LB. LI and LIO
Wineries permitted.(retail sales)
Suggest that the zoning districts where Transient Retail Business will be
permitted, be listed.
Section 197-IOB-2 Restrictions
2. Subject to site plan review by the Planning Board for adequate ingress/egress
and parking.
Since some business zones are adjacent to residential zones the review should
include a review for buffers. (Business zones in Orient)
Parking requirements for a trailer and tables need to be added.
Is a Public Hearing required?
Does the Architectural Review Committee need to be involved?
!
1
~.
(
#8495
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Dina MacDonald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 week(s), successively, commencing on the 16TH day of Auaust. 2007.
C0}J)jlJ.~
Pnnclpal Clerk
Sworn to before me this
2007
~~ day of Ckgu;;t;
ct~~idu@ UoLuk0t1
NOlARV PUBLIC.SlATE OF NEW YORK
NO.Ol-V06101l0110
Quollfied In Sullolk county
comrol&slon Expires FebfuOf" 21f, ~OOB
from ~'tO:pIIiCe by traveling on foot
or~_".oLCOIlYeyance on the
'~..I "tl~..~~iMtiboUM_'ohouse carrying,
E'.' "":b('c:oJlVt;ying goods, wares,
;';' .', -. _ "foods, farm products or
'IiiII"'. _ _." _ ,offering,aruf exposing the
ll$e>for sale Of- making sales and deliv-
eriesto.purchasers or who solicits orders
and., ~ a separate transaction, makes
deliveries to purchasers. The word "ped-
dler" -shall ,include the words "hawker"
and "huckster,"
PERSON -. Includes the singular
and the plural and shall also include and
mean any individual, firm, partnership,
corporation, voluntary association. in-
corporated association, club, society or
other organization and any officer, em-
ployee or agent thereof.
SOUCITOR and/or CANVASSER
-- Any person who goes from place to
place or house to house or stands in any
street or public place taking or offering
to take orders for goods. wares or mer-
{ chandise. except as hereinafter exempt-
ed, or for services to be performed in the
future or for making, manufacturing or
repairing any article or thing whatsoever
for future delivery.
TRANSIENT RETAIL BUSINESS-
- A retail or wholesale business conduct-
ed in a temporary structure or tent; from
a truck, van or trailer; on a parking Jot or
vacant parcel of land; on a part of public
right.of-way; or in any other place for a
temporary period of time. Lack of a rent-
al or leasing agreement of three months'
or more duration; sealed by monetary
consideration. shall be presumptive of
a temporary situation. The type of mer~
chandise being offered for sale will have
no bearing on the designation.
U97-3. Ucense required.
It shall be unlawful for any peddler or
solicitor to sell or dispose of or to offer
to sell or dispose of any goods, wares or
merchandise within the Town of South.
old or to solicit or act as a solicitor from.
door to door within the Town of Soutl1.-
'old or to onerllt~ a transient retail busi-
llai without first. registering with the
Town aerk of tbe Town of Southold as
provided in this chapter and obtaining
the license prescribed.
~197-4. Exemptions.
A. The requirements, of this chapter
as to the payment of a license fee (but
not as to registration) shall be held not
to include the following persOIlS', who are
expressly exempt from its application:
(1) Any person honorably discharged
rul7 ......I~II-~ a,JK:aIIlIIIllI:,~
this chapter shall first register witli the
Town Clerk of the Town of Southold and
shall file with said Town Clerk an appli-
cation, in writing. containing the follow-
ing information:
A. The name of the app~nt.
B. The applicant's permanent home
residence. .
C. The name, addreSs and telephone
number of the peiSon from whom goods
making up the stock, if any, were or are
to be purchased. '.
D. Three bona 'fide business refer-
ences. .
E. The place Qrplaces of residence
of the applicant for the next preceding
three~a~ -
F. TWo recent. photographs of the ap-
plicant, approximately 2 1/2 inches by 2
1/2 inches in size, ~ether with a com-
plete set of fingerprfrits.
G. A descriptio~ of the goods, wares
or merchandise to be sold and offered
for sale andlor the' purpose of his pro-
posed canvassing ,otso~citation.
H For transi~' retail husiness the
location where the business will he con_
ducted and a surVev showinf' the pro-
Dosed location' , .
H.LThe length of time for which the
license is required and registration is to
be effective.
I.LDetails of any arrests or convic-
tions for misd~eanors and crimes,
including the natUre of the offense for
which arrested or convicted, the date of
conviction and the place where said con-
viction was had.
;J;K. To said application and as a part
thereof, there shall be attached a letter
from the firm or corporation for which
the applicant waits, authorizing the ap-
plicant to act as its representative.
*L. A statement by a reputable phy-
sician, dated not more than 10 days prior
to the su~mjssion of tbe application, cer-
tifying the ,applicant to be free of conta-
gious infections or contagious diseases.
b.M, An authorization certification
from the New York Sales Tax Bureau.
~197-7. I...c.s~4t:~.. of ..t't'I;.......t.
Application referral
A. Each application shall be referred
to the Police Department, which shall,
without delay. institute 8ttdt .iW inves-
tigation of the applicant's business and
moral character as it deems necessary
for the protection of the public good and
complete the same within a reasonable
time. No license shall be issued until the
--~7~'~"~J~~~~;;,~,~~--
.;~!M',,,f\lr\lil!lilt_';;.&icIes
u.edbyhim t<i_itf~pIIioO many
public place or street for more'1ban 10
minutes or in front of any premises for
any time if the owner or any lessf:e of the
premises objects.
& L Not create or maintain any
booth or stand or: place any barrels, box-
es, crates or other obstructions upon any
street or public place for the purpose of
selling or exposing for sale any goods,
wares or merchandise.
H= 8., Not' engage in such business
within 500 feet of any school between
the hours of 7:00 a.m. and 4:00 p.m. on
school days.
I: 2. Not sell or peddle prepared foods
of any kind, including ice cream, confec-
tionery, beverages, prepackaged snack
foods, hot dogs, hamburgers and ather
sandwiches, on any Town beach upon
which is located a concession stand oper-
ated under an agreement with the Town
or on any parking area adjacent thereto.
10. Not oeddle or solicit in anv con-
l!'ested Dlace or area when or where such
activity mav imoede endanger or incon-
venience the DubHc or add to the conges-
tion of such place or area For the nur-
DOses of this suhsection the iudl!'ment
of anv oeace officer code enforcement
officer of the Town of Southold or notice
officer exercised in eood faith shall be
deemed conclusive as to the existence of
conl!'estions and as to whether the pub.
lic is imneded endanpered or
inconvenienced.
R A transient retail husiness shall be:
1 Located on a nronertv in a zonin!!'
district where retail is oermitted.
2. Suhiect to site nlan review bv the
Planninl!' Board for adeauate ingressl
eil'ress and narkin!!'.
U97-11. Revocation of license; hear-
ing.
A license may be revoked by the Town
aerk or the Chief of Police by reason of
violation or the terms of the license, the
violation of any Town ordinance or state
or federal statute or falsification or fraud
in applying for the license. The licensed
person may, upon making application
to the Town Clerk, in writing, request a
hearing by the Town Board upon the re-
vocation or suspension of the aforesaid
license.
~ 197.12. Signs.
'\py.~y.;..l... 3i&IlJ,43 the To..ll B.oo..d
aftl.!. T3..n of So~ll.~ld ..1.,,11 d......... nc.c.
;":'''~'J' ..1...11 b~ cl~eted b) th~ II;~..d)
-M.OlloJ aql JO liE laaw lsnw Plo1[lnos JO
UM.O~ aql ~ sPUgl 'aadSv Ol 8~uoza.I
lO} pa.Iap1suoo aq ol .Iap.Io UJ. 'aa~v
UE se Sumoza.I .IO} aJq~8na pawaap aq
nEqs aprilv S!ql ~ lfllO} las Epal!l:J pue
splepuels a1[l S~laaw saplado~d IIY
'iU!
-1!Q~i3!1d 10J li1u~waJ!nD~H '€L1-OSZ
1Jmuoz:u a1[l 01 pafqns
spuEI aql waAOS wiqs aadSy ::>!Jpads
aql U! palsTI S1011noo pue SUO~P!llSal
'sasn h.Iossa::r.>e pUe jedpu!ld lie 'UO!le:J
-!J!ssep aadiv aql 01 SU'!uoza1 uodn
OSlseq auoz Supeog e uo palaplsuo:J aq
Aew, UO~ltt:J!p'SSGp aadSV au 'S:
':J-19Z uO!l:JaS M.lr1 UM.O~Ol ~Ulms
-md P!llS!O ~uawdolaAaa pauueld 11 SI1
paqS!Jql?lSa S! (OOd'iiV) P!llS!O luawdo
-laAao pauUEklleJnlln:J!J8y :nu 'V
'Uo!le:J!J!ssB'1:J 'U l-OSZ:
'uoa1aq1 paln:Jaxa
sluawaAo.IdW! JO rqSpq lO ',{Inq 'Al!SUap
'eall? 'asn alq!ss!Wlad SU'!pmSal M.elle::>
-01 lO Ol:JueU'!pJo SUjuoz e lapun pU111 JO
l1ale 10 '1a:J.md'lOI e 01 pan!WJad srqS~l
.\u -- SlRDUI J.Nffi\ldO.3A3G
uO!l!ug:aa lL l-08Z
'JOlWAOpuel a1[l JO uO!le:J!ld
-de uodn p;tuozaJ aq Ul?:J .{padold aql
AqalaqM. wS!uvq:Jaw e saleal:J ppISm
luawdolOlMlQ pauueld jelntlnJ!l8V
SItU 'UO!sJA.!pqns lIOneAlaSnoo e dOIOlA
-ap 01 pasn ;q Aew leql ~oql Ida:Jxa
'A:padoJd alp Ol \llqlt.l!ldde Slq8P luaw
-doIOlA~P 8UJU!Bw:)J 3tp aseq:J.md 01 A:nU
-nvoddo aQl JO WAOJ. \l1[l8upnsse anqM.
SlSEq pnu~UJ tIe 00 PIOS aq ue::>
Slqjp,.lO~\WlP au 'Al.IadoJd slq
aPfAwqg,s.~loAQII~-PUBIWJE.JJO
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Ms. Woodhouse:
August 10, 2007
Re: Reso.'s #655 & #657 regarding proposed
Local Laws in relation to "Agricultural Planned
Developmenl District " & "Amendments to
Peddlers, Solicitors and Transient Retail
Merchants" of the Code of the Town of
Southold
The Southold Town Board at their regular meeting held on July 31,2007 adopted the
above resolutions. Certified copies of same are enclosed.
Please prepare an official report defining the Planning Board's recommendations with
regard to these proposed local laws and forward them to me at your earliest convenience.
These proposed local laws have also been sent to the Suffolk County Planning
Department for their review. The date and time for the public hearings are 7:45 PM &
7:50 PM, Tuesday, August 28, 2007. Should you have any questions, please do not
hesitate to contact me. Thank you.
Enclosures (2)
cc: Town Board
Town Attorney
Very truly yours,
r"JJhA -1..-:;dO.~
~-A:~Nevi11e
Southold Town Clerk
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 10,2007
Re: Reso,'s #655 & #657 regarding proposed
Local Laws in relation to "Agricultural Planned
Development District " & "Amendments to
Peddlers, Solicitors and Transient Retail
Merchants" of the Code of the Town of
Southold
Andy Freleng
Suffolkd County Department of Planning
PO Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on July 31, 2007 adopted the
above resolutions. Certified copies of same are enclosed.
Please prepare an official report defining the Planning Board's recommendations with
regard to these proposed local laws and forward them to me at your earliest convenience.
These proposed local laws have also been sent to the Southold Town Planning
Department for their review. The date and time for the public hearings are 7:45 PM &
7:50 PM, Tuesday, August 28, 2007. Should you have any questions, please do not
hesitate to contact me. Thank you.
Enclosures (2)
cc: Town Board
Town Attorney
Very truly yours, ,
~O~
Elizabeth A. Neville
Southold Town Clerk
. LEGAL NOTICE .
NOTICE OF PUBLIC HEARING
NOTICE IS HERBY GIVEN THAT, there has been presented to the Town Board of
the Town of Southold, Suffolk County, New York, on the 31 st day of July, 2007 a Local
Law entitled "A Local Law in relation to Amendments to Peddlers. Solicitors and
Transient Retail Merchants" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 28th day of Angust, 2007 at 7;50
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Peddlers. Solicitors and Transient Retail Merchants" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Amendments to Peddlers.
Solicitors and Transient Retail Merchants".
BE IT ENACTED by the Town Board of the Town of South old as follows:
I. Purpose - To update the procedures for registration and regulation of certain
peddlers. solicitors and transient retail businesses in the Town of Southold, and require
that they be located in appropriate areas.
II. Chapter 197 of the Code of the Town of South old is hereby amended as follows:
S 197-1. Legislative intent.
The purpose of this chapter is to preveRt llllGiness praetises of provide for the registration
and regulation of certain peddlers. solicitors and transient retail businesses from eJdsting
in the Town of Southold, with eertain eJ(septiens, as etherwise pwvided herein, by
pre'Ading fer the registratien and reglllatien efthe eendlle-t ef seFlain peddlers, selieiters
aHd eaHyassers and otherwise eliminateffig--certain practices.
S 197-2. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
PEDDLER n A person who goes from place to place by traveling on foot or by any type
of conveyance on the streets or from house to house carrying, transporting or conveying
goods, wares, merchandise, foods, farm preducts or provisions, offering and exposing the
same for sale or making sales and deliveries to purchasers or who solicits orders and, as a
separate transa_n, makes deliveries to purchasers. The~rd "peddler" shall include the
words "hawker" and "huckster."
PERSON -- Includes the singular and the plural and shall also include and mean any
individual, firm, partnership, corporation, voluntary association, incorporated association,
club, society or other organization and any officer, employee or agent thereof.
SOLICITOR and/or CANVASSER -- Any person who goes from place to place or house
to house or stands in any street or public place taking or offering to take orders for goods,
wares or merchandise, except as hereinafter exempted, or for services to be performed in
the future or for making, manufacturing or repairing any article or thing whatsoever for
future delivery.
TRANSIENT RETAIL BUSINESS -- A retail or wholesale business conducted in a
temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel
of land; on a part of public right-of-way; or in any other place for a temporary period of
time. Lack of a rental or leasing agreement of three months' or more duration, sealed by
monetary consideration, shall be presumptive of a temporary situation. The type of
merchandise being offered for sale will have no bearing on the designation.
9197-3. License required.
It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or
dispose of any goods, wares or merchandise within the Town of Southold or to solicit or
act as a solicitor from door to door within the Town of Southold, or to operate a transient
retail business without first registering with the Town Clerk of the Town of Southold as
provided in this chapter and obtaining the license prescribed.
9197-4. Exemptions.
A. The requirements of this chapter as to the payment of a license fee (but not as to
registration) shall be held not to include the following persons, who are expressly
exempt from its application:
(1) Any person honorably discharged from the United States Army, Navy, Air
Force or Marine Corps or other components of the military forces of the
United States.
(2) Persons engaged in delivering merchandise of any nature whatsoever on
regular, scheduled routes to regular costumers, including specifically but
not limited to persons delivering dairy products, bread and other
merchandise over such routes; and, with respect to persons mentioned in
this subsection, they shall be exempt from all requirements of this chapter
relating to the payment of the license fee or license fees, terms and
conditions.
B. This chapter shall not apply to any of the following: [Amended 3-24-1992 by L.L.
No. 8-1992]
(1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3) Any person selling personal property at wholesale to dealers in such
~les. .
(4) The sale of fruits and vegetables raised on the property where being sold.
(5) Persons soliciting, collecting or operating a sale on behalf of any local
bona fide charitable, religious, patriotic or other organization of worthy
cause deemed to be in the public interest and which organization is
represented locally by a Town resident.
(6) Any person selling personal property at a garage sale aela at ais resiaeRse.
(7) The sale of newspapers.
(8) :\ElY lEIefllaaHt aa'/iRg an estaelisaes Jllaee aflmsiRess \vithiR the TavlEI ef
SalltReld.
S 197-5. Permitted activities.
A. The following activities shall be the only activities which can be licensed pursuant
to this chapter:
(1) The sale of ice cream, milk and other dairy products.
(2) The sale of hot dogs, soda and other items customarily found on hot dog
vending trucks.
(3) The operation of coffee trucks and the sale of goods ordinarily associated
therewith.
B. All other businesses aereiElaeaye defined as transient retail businesses shall be
illegal in the Town of Southold.
S 197-6. Application for license.
Any person desiring a license under this chapter shall first register with the Town Clerk
of the Town of South old and shall file with said Town Clerk an application, in writing,
containing the following information:
A. The name of the applicant.
B. The applicant's permanent home residence.
C. The name, address and telephone number ofthe person from whom goods making
up the stock, if any, were or are to be purchased.
D. Three bona fide business references.
E. The place or places of residence ofthe applicant for the next preceding three
years.
F. Two recent photographs of the applicant, approximately 21/2 inches by 2 1/2
inches in size, together with a complete set of fingerprints.
G. A description of the goods, wares or merchandise to be sold and offered for sale
and/or the purpose of his proposed canvassing or solicitation.
H. For transient retail business. the location where the business will be conducted
and a survev showing the proposed location.
Hl
H.
J.K
KL.
h.M.
The len!Oftime for which the license is reqUir'and registration is to be
effective.
Details of any arrests or convictions for misdemeanors and crimes, including the
nature of the offense for which arrested or convicted, the date of conviction and
the place where said conviction was had.
To said application and as a part thereof, there shall be attached a letter from the
firm or corporation for which the applicant works, authorizing the applicant to act
as its representative.
A statement by a reputable physician, dated not more than 10 days prior to the
submission of the application, certifying the applicant to be free of contagious
infections or contagious diseases.
An authorization certification from the New York Sales Tax Bureau.
9197 -7. Illvestigation of applieaHt. Application referral.
A. Each application shall be referred to the Police Department, which shall, without
delay, institute sooh an investigation of the applicant's business and moral
character as it deems necessary for the protection of the public good and complete
the same within a reasonable time. No license shall be issued until the application
shall have been approved by the Police Department. The approval or rejection
shall be endorsed on the application by the Chief of Police or officer in charge.
B. Transient Retail Business Applications shall be referred to the Building
Department for review of compliance with zoning and site plan requirements.
9197-8. Issuance oflicense; records; possession.
A. The license shall be issued on forms drawn in accordance with this chapter. They
shall be consecutively numbered and shall contain spaces for the insertion of the
name, location ofthe business and amount of fee paid.
B. There shall be kept in the office of the Town Clerk the necessary books for
recording the time the application was received, showing whether it is an
application for a new or renewal license, the name of the license, the date of
approval by the Town Clerk, the amount of fee received therefor and the date
when the license was issued.
C. Every person holding a license under this chapter shall be required to have in his
possession the license at all times while actually engaged in peddling.
9197-9. Fees; expiration of license.
A. The nonrefundable fee for each license application pursuant to this chapter shall
be $200 per year or $50 per day or fraction thereof.
B. Licenses shall be issued on an annual basis and shall expire on December 31 of
the year of issuance.
.
.
9197-10. Restrictions.
A. A hawker, peddler or solicitor shall:
A.
B.
G.
I).
E.
1'.
G.
H.
I.
1.
Not engage in such business at any time between the hours of 8:00 p.m.
and 9:00 a.m.
Not willfully misstate the quantity or quality of any article offered for sale.
Not offer for sale any unwholesome, tainted, deleterious or diseased
provisions or merchandise.
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered and
protected from dirt, dust and insects.
Not call attention to his goods by blowing a horn, by ringing a bell other
than a house doorbell, by shouting or crying out or by any loud or unusual
nOIse.
Not stand or permit the vehicles used by him to stand in one place in any
public place or street for more than 10 minutes or in front of any premises
for any time if the owner or any lessee of the premises objects.
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or public place for the purpose
of selling or exposing for sale any goods, wares or merchandise.
Not engage in such business within 500 feet of any school between the
hours of7:00 a.m. and 4:00 p.m. on school days.
Not sell or peddle prepared foods of any kind, including ice cream,
confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers
and other sandwiches, on any Town beach upon which is located a
concession stand operated under an agreement with the Town or on any
parking area adjacent thereto.
Not 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 subsection, the
iudgment of any peace officer, code enforcement officer of the Town of
Southold or police officer, exercised in good faith, shall be deemed
conclusive as to the existence of congestions and as to whether the public
is impeded, endangered or inconvenienced.
J.
J..
4.
2.
Q.
1.
.8..
2.
10.
B. A transient retail business shall be:
L Located on a property in a zoning district where retail is permitted.
2. Subiect to site plan review by the Planning Board for adequate
ingress/egress and parking.
9197-11. Revocation oflicense; hearing.
A license may be revoked by the Town Clerk or the Chief of Police by reason of
violation or the terms of the license, the violation of any Town ordinance or state or
federal statute or falsification or fraud in applying for the license. The licensed person
may, upon making application to the Town Clerk, in writing, request a hearing by the
Town Board upon the revocation or suspension of the aforesaid license.
9197-12. Signs.
.^.pJlreflriate Sig' as the TO\Vfl Beard ef the Tewfl ef setleld shall deem. aeeessary,
shall Be ereeted BY the Highyill)' Departm.ent efthe Te',vfl ef Seutheld at slleh plaees
withia the Te'.vfl ef Seuthold as the Tewfl Board direets, ad'.isiag ef the eJdsteaee ef this
ehaflter.
Anv signs associated with sales and business conducted pursuant to this Chapter shall be
subiect to Chapter 280, Zoning, Article XIX, Signs, of this Town Code.
S 197-13. Penalties for offenses.
Any person required by this chapter to procure a license who violates its terms or who
violates any of the provisions ofthis chapter shall, upon conviction thereof, forfeit and
pay not less than $500 or more than $2,500 for the first offense and no less than $1,000 or
more than $5,000 for the second or any subsequent offense.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: July 31, 2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON AUGUST 16, 2007 AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times Town Board Members Town Attorney
Planning Land Pres Town Clerk's Bulletin Board
, .
.
.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk ofthe Town of Southold, New York being
duly sworn, says that on the ~ day of -0 ~ L..Jo -r- ,2007, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
PH Peddlers, August 28, 2007, 7:50 pm
1'}~~iTA' Q. DJ'J~~
lizabeth A. Neville
Southold Town Clerk
Sworn before N this
o dayof ""6" ","X-, 2007.
otary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01 B06020932
Ouallfied In Suffolk County,
Term Expires March 8, 20 J.l.
J
.
Southold Town Board - Letter
.
Board Meeting of July 31, 2007
RESOLUTION 2007-657
ADOPTED
Item # 18
DOC 10: 3083
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-657 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 31, 2007:
WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk
County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in
relation to Amendments to Peddlers. Solicitors and Transient Retail Merchants" now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
28th day of August, 2007 at 7:50 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Peddlers,
Solicitors and Transient Retail Merchants" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Amendments to Peddlers. Solicitors and
Transient Retail Merchants".
BE IT ENACTED by the Town Board of the Town of South old as follows:
V. Purpose - To update the procedures for registration and regulation of certain
peddlers, solicitors and transient retail businesses in the Town of Southold, and require that they
be located in appropriate areas.
VI.
Chapter 197 of the Code of the Town of Southold is hereby amended as follows:
S 197-1. Legislative intent.
Generated August 2, 2007
Page 40
Southold Town Board - Lelr
Bid Meeting of July 31, 2007
\
The purpose of this chapter is to pf6yeftt busiaess praetiees ef orovide for the registration and
regulation of certain peddlers, solicitors and transient retail businesses Hem eldstiag in the Town
of Southold, with eertaia em1eptieas, as etherwise pre'liEieEi herda, by proviEiiag fer the
registratisa and raglllatisa sf the esaduet sf sertain peddlers, selieitsrs afId e!lllvassers and
otherwise eliminateillg-certain practices.
S 197-2. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
PEDDLER n A person who goes from place to place by traveling on foot or by any type of
conveyance on the streets or from house to house carrying, transporting or conveying goods,
wares, merchandise, foods, farm products or provisions, offering and exposing the same for sale
or making sales and deliveries to purchasers or who solicits orders and, as a separate transaction,
makes deliveries to purchasers. The word "peddler" shall include the words "hawker" and
"huckster."
PERSON -- Includes the singular and the plural and shall also include and mean any individual,
firm, partnership, corporation, voluntary association, incorporated association, club, society or
other organization and any officer, employee or agent thereof.
SOLICITOR and/or CANVASSER -- Any person who goes from place to place or house to
house or stands in any street or public place taking or offering to take orders for goods, wares or
merchandise, except as hereinafter exempted, or for services to be performed in the future or for
making, manufacturing or repairing any article or thing whatsoever for future delivery.
TRANSIENT RETAIL BUSINESS -- A retail or wholesale business conducted in a temporary
structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part
of public right-of-way; or in any other place for a temporary period of time. Lack of a rental or
leasing agreement of three months' or more duration, sealed by monetary consideration, shall be
presumptive of a temporary situation. The type of merchandise being offered for sale will have
no bearing on the designation.
9] 97 - 3. License required.
It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or dispose
of any goods, wares or merchandise within the Town of Southold or to solicit or act as a solicitor
from door to door within the Town of Southold, or to ooerate a transient retail business without
first registering with the Town Clerk of the Town of Southold as provided in this chapter and
obtaining the license prescribed.
9197-4. Exemptions.
A. The requirements of this chapter as to the payment of a license fee (but not as to
registration) shall be held not to include the following persons, who are expressly exempt from
its application:
Generated August 2, 2007
Page 41
J
.
Southold Town Board - Letter
.
Board Meeting of July 31, 2007
(I) Any person honorably discharged from the United States Army, Navy, Air Force or
Marine Corps or other components of the military forces ofthe United States.
(2) Persons engaged in delivering merchandise of any nature whatsoever on regular,
scheduled routes to regular costumers, including specifically but not limited to persons
delivering dairy products, bread and other merchandise over such routes; and, with respect to
persons mentioned in this subsection, they shall be exempt from all requirements of this chapter
relating to the payment of the license fee or license fees, terms and conditions.
B. This chapter shall not apply to any of the following: [Amended 3-24-1992 by L.L. No. 8-
1992]
(1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3) Any person selling personal property at wholesale to dealers in such articles.
(4) The sale of fruits and vegetables raised on the property where being sold.
(5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide
charitable, religious, patriotic or other organization of worthy cause deemed to be in the public
interest and which organization is represented locally by a Town resident.
(6)
(7)
Any person selling personal property at a garage sale held at his residellce.
The sale of newspapers.
(8)
An)' merchant having an established place ofbusincss vfithin the TaWil af
Sollthold.
S 197-5. Permitted activities.
A. The following activities shall be the only activities which can be licensed pursuant to this
chapter:
(I) The sale of ice cream, milk and other dairy products.
(2) The sale of hot dogs, soda and other items customarily found on hot dog vending trucks.
(3) The operation of coffee trucks and the sale of goods ordinarily associated therewith.
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B. All other businesses hereinaIJo'ie defined as transient retail businesses
shall be illegal in the Town of Southold.
~197-6. Application for license.
Any person desiring a license under this chapter shall first register with the Town Clerk of the
Town of Southold and shall file with said Town Clerk an application, in writing, containing the
following information:
A. The name of the applicant.
B. The applicant's permanent home residence.
C. The name, address and telephone number ofthe person from whom goods making up the
stock, if any, were or are to be purchased.
D. Three bona fide business references.
E. The place or places of residence of the applicant for the next preceding three years.
F. Two recent photographs of the applicant, approximately 21/2 inches by 2 1/2 inches in
size, together with a complete set of fingerprints.
G. A description of the goods, wares or merchandise to be sold and offered for sale and/or
the purpose of his proposed canvassing or solicitation.
H. For transient retail business. the location where the business will be conducted and a
survev showing the proposed location.
RI. The length oftime for which the license is required and registration is to be effective.
hJ. Details of any arrests or convictions for misdemeanors and crimes, including the nature
of the offense for which arrested or convicted, the date of conviction and the place where said
conviction was had.
J.,K. To said application and as a part thereof, there shall be attached a letter from the firm or
corporation for which the applicant works, authorizing the applicant to act as its representative.
K.L,. A statement by a reputable physician, dated not more than 10 days prior to the
submission ofthe application, certifying the applicant to be free of contagious infections or
contagious diseases.
b.M. An authorization certification from the New York Sales Tax Bureau.
~ 197 -7. Investigation of aJ3plieant. Application referral.
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A. Each application shall be referred to the Police Department, which shall,
without delay, institute sooh an investigation of the applicant's business and moral character as it
deems necessary for the protection of the public good and complete the same within a reasonable
time. No license shall be issued until the application shall have been approved by the Police
Department. The approval or rejection shall be endorsed on the application by the Chief of Police
or officer in charge.
~. Transient Retail Business Applications shall be referred to the Building
Department for review of compliance with zoning and site plan reclUirements.
gl97-S. Issuance of license; records; possession.
A. The license shall be issued on forms drawn in accordance with this chapter. They shall be
consecutively numbered and shall contain spaces for the insertion of the name, location ofthe
business and amount of fee paid.
B. There shall be kept in the office of the Town Clerk the necessary books for recording the
time the application was received, showing whether it is an application for a new or renewal
license, the name of the license, the date of approval by the Town Clerk, the amount offee
received therefor and the date when the license was issued.
C. Every person holding a license under this chapter shall be required to have in his
possession the license at all times while actually engaged in peddling.
g 197-9. Fees; expiration oflicense.
A. The nonrefundable fee for each license application pursuant to this chapter shall be $200
per year or $50 per day or fraction thereof.
B. Licenses shall be issued on an annual basis and shall expire on December 31 of the year
of issuance.
gI97-10. Restrictions.
A. A hawker, peddler or solicitor shall:
AI. Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m.
B.~. Not willfully misstate the quantity or quality of any article offered for sale.
G.1. Not offer for sale any unwholesome, tainted, deleterious or diseased provisions or
merchandise.
I).1. Keep the vehicles and receptacles used by him in a clean and sanitary condition and the
foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
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K~. Not call attention to his goods by blowing a horn, by ringing a bell other than a house
doorbell, by shouting or crying out or by any loud or unusual noise.
-I".Q. Not stand or permit the vehicles used by him to stand in one place in any public place or
.',,,(', f"f more than I 0 minutes or in front of any premises for any time if the owner or any
s. ,Jftbe premises objects.
G.I. Not create or maintain any booth or stand or place any barrels, boxes, crates or other
obstructions upon any street or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
H.~. Not engage in such business within 500 feet of any school between the hours of 7:00 a.m.
and 4:00 p.m. on school days.
1.2. Not sell or peddle prepared foods of any kind, including ice cream, confectionery,
beverages, prepackaged snack foods, hot dogs, hamburgers and other sandwiches, on any Town
beach upon which is located a concession stand operated under an agreement with the Town or
on any parking area adjacent thereto.
lQ. Not peddle or solicit in anv congested place or area when or where such activity mav
impede. endanger or inconvenience the public or add to the congestion of such place or area. For
the purposes of this subsection. the iudgment of anv peace officer. code enforcement officer of
the Town of Southold or police officer. exercised in good faith. shall be deemed conclusive as to
the existence of congestions and as to whether the public is impeded. endangered or
inconvenienced.
B. A transient retail business shall be:
L Located on a property in a zoning district where retail is permitted.
2.
parking.
Subiect to site plan review bv the Planning Board for adequate ingress/egress and
S 197-11. Revocation of license; hearing.
A license may be revoked by the Town Clerk or the Chief of Police by reason of violation or the
terms of the license, the violation of any Town ordinance or state or federal statute or
falsification or fraud in applying for the license. The licensed person may, upon making
application to the Town Clerk, in writing, request a hearing by the Town Board upon the
revocation or suspension of the aforesaid license.
S 197-12. Signs.
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f4lpropnate signa, as the TO'lifl Board of tile TOWIl of SolitRold shall deem Ileeessary, shall be
ereeted by the Highway Depllftmellt of the TO'lffl of SolitRold at sHeh places v;ithiR tile TOWIl of
SoHthBld as the TO'liIl Board directs, atIvisiRg of the eldsteRce of this ehapter.
Anv signs associated with sales aod business conducted pursuaot to this Chapter shall be subiect
to Chapter 280, Zoning. Article XIX. Signs. of this Town Code.
~ 197-13. Penalties for offenses.
Any person required by this chapter to procure a license who violates its terms or who violates
aoy of the provisions of this chapter shall, upon conviction thereof, forfeit and pay not less thao
$500 or more thao $2,500 for the first offense aod no less thao $1,000 or more thao $5,000 for
the second or aoy subsequent offense.
VII. SEVERABILITY
If aoy clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or aoy part thereof other thao the part so decided to be unconstitutional or invalid.
VIII. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
bylaw.
(!!;,*tI.#ClQc,ip...
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
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RESOLUTION 2007-658
ADOPTED
Item # 19
DOC ID: 3084
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-658 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 31,2007:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the
Town Clerk to forward "A Local Law in relation to Amendments to Chapter 197-
Peddlers. Solicitors and Transient Retail Merchants" to the Southold Town Plannine:
Board and Suffolk County Plannine: for review and comments.
~t(.~;".
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
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