HomeMy WebLinkAboutLL-1988 #18LOCAL LAW ~ 1988
Local Law in Relation to Peddling and Soliciting
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the
To%~n of Southold ~s hereby amended as follow~:
Section 69-103 shall be amended by adding a new
subsection "L" to read as follow~:
Application Fee.
Section 69-104.~ is amended to read as follows:
If as a result of such investigation the character and
business responsibility of the applicant are found to
be satisfactory, the Chief of Police shall endorse on
the application his approval and return such
application to the Town Clerk, who shall issue a
license to the applicant. Such license shall contain
the signature and seal of the issuing officer and shall
show the name and address of said licensee, the }find of
goods to be sold thereunder, the amou/~t of f~e paid,
the date of i~suance and the length of time the same
shall be operative.
3. Section 69-105. is hereby amended to read as follows:
The non-refundable fee for each license application
pursuant to this Article shall he one hundred
dollars ($1~0.00) per year or twenty dollars ($20,00)
per day, or fraction thereof.
4. section 69-109.~ is hereby amended to read as follows:
Not engage in such business within five hundred
(500) feet of any school between the hours of
7:00 AM and 4:00 PM on school days.
II. This Local Law shall take effect apon its filing with
the Secretary of State.
A M onal ftrms ?or Iillng local la,t~ ,aith ~his of Hce will be forwarded upon
(Please Use this Form for Filing your Local Law with the Secretary of State)
Tex! of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
of Soft,old
Local Law No. 18 of the year 19 ..........
in relation to Peddling and Soliciting
A local law .....................................................................................
(Insert title)
~own
Board
of
the
Be it enacted by the
{Name of Legislative Body)
of Southold
........................................................................... as follows:
chapter '69 (Peddling and Soliciting) of the Code of the Town
of Sour.hold is hereby amended as follows:
1. Section 69-103 shall be amende by adding a new subsection
"L" to read as follows;
L. Application Fee.
2. Se~c~iQn 69-104.B is amended to read as follows:
B. If as a result of such investigation the character and
business responsibility or.the applicanz are found to be
satisfactory, the Chief of Police shall endorse on the
application his approval and~return.such application
to the Town Clerk, who shall issue a license to the
applicant. Such license shall contain the signature
and seal of the issuing officer and shall show the name
and address of said licensee, zhe kind of goods ~o be
sold thereunder, the amounz of fee paid, and she date
of issuance and the length of time the same shall be
operative.
3. SeQ~ion 69-105. is hereby amended to read as follows:
The non-refundable~:fee.-for each license application
pursuant to this Article shall be one hundred doll'ars
($100.00) per year or twenty dollars ($20.00) per day,
or fraction thereof.
4. Section 69-109.H is hereby amended to read as follows: '
H.. Not engage in such business within five hundred
(500) feet of any school between the hours of
7:00 AM and 4:00 PM on school days.
II. This Local Law shall take effect upon its filing with the
Secretary of State.
(If additional space is needed, please attach sheets of the same size as this and number each)
(1)
.rs
(Complete the certification in the paragraph which applies to the filing o! this local law and strike out the matter
therein Which is not applicable..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No..~.8. ..... of 19.8..8. ....
~xx~f Southold was duly passed by the Town Board
of the Town ................ (Name of Legislative Body)
on.. ~.u..n..e....2. ~.,. ........... 19.8..8.....- ~n accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
of the
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
City
Town of ................
Village
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
and was deemed duly adopted on ......... 19 ......... in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
_ . City
o!tlaeTown of ................
Village
was duly passed by the .........................................
{Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 ..........Such local law was submitted to the people by reason of a
mandatory
permissive referendum, and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on ............................. 19 ......... in accordance with the applicable
annual
provisions of law.
(Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed, hereto, designated as local law No ......... of 19 ........
County
City~... ~ .
of the Town "ot ................ was duly passed by the .........................................
(Name of Legislative Body)
Village
not disapproved
on ............................. 19 ........and was approved by the ............................
repassed after disapproval mective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer o! a county elected on a county-wide basis or, if
there be none. the chairman of the county legislative body, the mayor of a city or village or the supervisur of a town where such
officer is vested with power to approve or veto local laws or ordinances..
(2}
(City local law concerning Charter revision proposed by petition.)
! hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........
of the City of .............................. having been submitted to referendum pursuant to the
~36 ° ' °
provisions of 37 of the Municipal Home Rule Law, and having received the affirmative vote of a
special.
majority of the qualified electors of such city voting thereon at the general election held on ............
............ 19 ......... became operative.
(County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .........of 19 .........
of the County of ..................... , State of New York, having been submitted to the Electors at the
General Election of November ............ ,19 ....... pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom an~ of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............. above.
Date:
June 29,. 1988
~,~ Clerk of the Coumy legislative body, City, Tower Village Clerk or
officer designated by local legislat~e body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF 8u££olk
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
James A. Schondebare~ Town Atgorney.
Title
Date:June 29, 1988
Town
xV~.~e
of Southold
(3)
IN THE MATTER
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 28, 1988 3:35 P.M.
OF A PROPOSED "LOCAL LAW IN RELATION TO PEDDLING
AND SOLICITING".
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W,. Cochran
Councilman George L. Penny IV
Councilwoman Ruth D. Olive
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: This is a hearin~l on a proposed "Local Law in
Relation to Peddling and Soliciting." This otficial notice to read by
Councilwoman Olive.
COUNCILWOMAN OLIVA: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 19th day of June, 1908, a Local Law entitled, "A Local Law in
Relation to Peddling and Soliciting". Notice is further given that the Town Board
of the Town of 5outhold will hold a public hearing on the aforesaid Local Law
at the Southold Town Hall, Main Road, 5outhold, New York, on the 28th day
of June, 1988, at 3:35 o~clock P.M., at which time all interested persons will
be heard. This proposed "Local Law in relation to Peddling and Soliciting"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I- Chapter 63 (Peddling and 5olicitingl of the Code of the Town of 5outhold
is hereby amended as follows:
1. Section 6g-103 shall be amended by adding a new Subsection "L" to
read as follows:
L. Appl'icatlon Fee.
2.Section 69 10z~. B is amended to read as follows:
responsibility of the applicant are found to satisfactory, the
Chief of Police shall endorse on the application his approval and
return such application to R~e Town Clerk, who shall issue a
license to the applicant_ Such lii:ense shall contain the
signature and seal of the issuing officer and shall show th~
name and address of said licensee, the kind of goods to be sold
the length of time the same shall be operative.
to this Article shall be one hundred dollars ($100.00) per year
or twenty dollar ($20.00) per day, or frac:ion thereof-
Page 2--LL Peddling and Soliciting
4. Section 69-109.H is hereby amended to read as follows:
H. Not engage in suci~ business with6n five hundred (50D) feet of
any school between the hours of 7:00 AM and 4:00 PM on school
days_
II This Local Law shal take effect upon its filing with the Secretary of State.
Copies of said Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: June 14, I988. Judith T.
Terry, Southold Town Clerk,"
I have an affidavit of publication from the Suffolk Times, an affidavit of
publication from the Long Island Traveler, an affidavit of publication on the
Bulletin Board by Judith T- Terry. There are no further commurdcations-
SUPERVISOR MURPHY: Thank you, Ruth. You did a very good job. You've
heard the official reading of the notice- Is there anyone in the audience who
would like to address the Towil Board on this proposed Local Law? Who wants
to go first? Uae the mike and identify yourself.
RICHARD WILTON: My name is Richard Wilton. I"m President of the Greenport-
Southold Chamber of Commerce. The Greenport-Southold Chamber of Commerce
does not tt~ink that the proposed modifications are adequate to control peddlers
and solicitors. Peddlers and solicitors are generally not Town residents, nor
do they have businesses in town, nor do they contribute towards the tax base.
They compete with established legitimate tax paying businesses, and deprive them
of income. To rite an example, in the pa,~t you've had complaints about furniture
salesmf~, who operate out of a tractor trailer truck. He operates mainly on
weekends, and various officers of the Town government,to date,have not been
able to stop him. I think part of the reason they haven't been able to stop
him is the branches that should do the enforcement are a five day week function,
not a seven day week, so on a Sunday afternoon it's pretty hard to raise-like a
building inspector.
SUPERVISOR MURPHY: It's a Police matter, if you know the rules.
RICHARD WILTON: There are jeweh-y sale~people, who go from door to door.
There are people who claim to represent religious organizations, that after you
get through listening to their spiel, they're selling you literature. What we would
suggest as a Chamber, either peddling and soliciting be banned completely as in
case of a lot of communities, or to set a high permit fee, something around a
thousand dollars to get a permit, and a security bond of about five thousand
dollars, which would be a guarantee to the purchaser of this material, that they
have recourse for any defective material. The other suggestion that we have
that the enforcement powers should be granted to the Police Department, mainly
because the Police Department is here working seven days a week~24 hours_ Thank
you.
SUPERVISOR MURPHY: Thank you. Anyone else?
RICK GILBRIDE: My name is Rick Gilbr[d~=. I~d just like to say, I ~ee Mrs. Terry
is ~haking her head about the Police Department, we have on record four differant
occassions we called the Police Department and they informed us tl~at it was not
tl-a[~ responsibility to enforce the Codes of the~e peddlers, if you cali them
peddlers,. I don~ know_ The furnit~ar~ tr_uck is ~t~at I'.m referrihg to.
Page 3 LL Peddling and SolJcitit~g
TOWN CLERK TERRY: Well, that may well be, but the peddler, the legiti-
mate type, the police do enforce those- That's who we call. J don~t know,
maybe they do one, and not the other.
RICK (3JLBRIDE: I can cJ~four times that they've been called, and they say
they can't do anything on weekends. They said it's strictly .... Ah, al~ight, so
a little communication gap. Secondly, a hundred dollar permit fee, is a little
bit absurd if they're going to do a background check with the Police Department
and this, being a retired police officer, I know something about. You'~e tying
up co~nputer time, one hundred dollars, if they do any sort of background
check, I don't care if it takes fifteen minutes. One hundred dollars, you've
used tax payers~ money. It's a loss, with a hundred dollar fee. Business
comrnuniUes; I've talked to forty-two people in the past two days, that own
forty two different busines~s~nd they're veritable against this peddling
permit. We could have marched in a lot of people today, just to show the
support that we have, but unfortunately most of the busines~s, in 5outhold a~3d
Greenport are Mom and Pop organizations_ l,myself, closed my store just to
come down, and it is business hours, and let's face it, this is our busy time
of year, but I just wanted to make a point. A lot of people are really upset
with this.
SUPERVISOR MURPHY: Tl~ank you.
TOWN CLERK TERRY: Could i just answer, tho, on that one hundred dollars?
I know you feel that you don't want to see this enacted, because it should be
more stringent. At least this is doing something. Right now, that one hundred
dollars isn't paid unless they get the permit. That's why we wanted it as an
application fee, at least then... We don't even take their money until they're
handed a permit. Right now, they go through the whole thing and pay nothi~]g
if they're denied.
RICK GILBRIDE: I agree that thetis absurd- I think there's got to be more
discussion on the whole permit process. We all don't want to see a truck
caravan on the $outhold Town roads. You know, selling everything From
jewelry to art work, anything, I mean bicycles, anything on the back of
trucks.
COUNCILWOMAN OLIVA: Then again, Rick, on the other side, you have the
fellows who go around to the beaches, like Sexton, used to, and that-.. And
if you up the price for them, then you hurt them, because these are local
people-
RICK GILBRIDE: How about a concession license for the Town beaches. Very
simple, you get a permit to run a concession at a Town beach. That will
eliminate that problem. You're right, that's something that's been around, and
I'm not trying to hurt anyone's livelihood. But I will say that I'm against the
general peddlerrs license, and so is the business community. We iust feel that
we can be hurt very hard in the pocketbook, because of something, you know
like someone just COlin9 in and selling an item, and we're all paying rent, and
we all know the rent is going up out I]ere. There's plenty of vacant stores, if
you cut down on the peoplels income. I'm not ~aying I'm against licensed peddlers,
hot dog stands, things like that. We all know that something can be worked
out. Thank you.
Page 4- LL Peddling and Soliciting
JOE HENRY: Welve pretty much covered everything, I have down here, except
I would like...l've heard many times said nobody would want to see the main
road with stores all the way along it, from Riverhead to Orient. The Chamber of
Commerce doesnlt want to see it either. We also don~t want to see peddlers all
the way from Biverhead to Orient. So, I think this Law should really be looked
at by' the Board. Also, I tt~ink you have to look around and see the empty
stores, that we have, within the town~ and villages. Now, letting peddler5 in
i5 not going, to help the situation one bit. In fact, it might even make it worse.
In fact, the location that I'm in now, I might be better off as a peddler along
the road. I don't want to do that. I don't intend to do that- Also, Rick has
mentioned it's a bad time for this meeting, as far a5 this particular thing on the
agenda, because mo~t businesses, the people are at their place of business, and
we couldn't have them attend. We came down anyway. We, also, have looked at
the thing about the vendors on the beaches. We figured why couldn't the Town
franchise these people and let them either pay x amount of money for the seasonal
franchise to operate the beaches. This is a good source of income for the Town.
They do it in other places, and it might be given to mostly local people. People
who are already there, because they know what they make, and they know what
they can afford. We came to ~his conclusion, and feel that this whole ordinance
should be looked at more closely.
SUPERVISOR MURPHY: Okay, is there anyone else who would like to comment on
this? I would like to just make a couple of comments. This Law has been on
~he books for the long, long time, and we're making two amendments. The one as
Judy ~xplained, we've had people come in who got turned down and after we've
spent money and time, we had to give them back their one hundred dollars.
And the othe~ was, the very people you're saying we should keep, we've had
the schools complaining when these vendors come near the school where they
have a cafeteria service_ $o that's what we were just amending. Maybe we do
want to look into it further, and we can do that. But, ti]is part of the Proposed
Local Law is trying to make our Law a little bit stronger. We're not changing
the Local Law. We still have that.
RICK GILBRIDE: We understand that, but is this the right time to, maybe
change the Law ....... Isn't this the proper to have ....
TOWN CLERK TERRY: At least make sure we get the money.
SUPERVISOR MURPHY: Certainly your comments will be taken by the Board,
and addl-esaed at the Code Committee. Definately yes.
JOE HENRY: We have spoken before about the furniture man. Welve bi-ought
this up, the Chamber has, quite a few times. We~ve never really pushed it.
Now that this particular thing came up, we figured this is the time.
TOWN CLERK TERRY: Do you realize the furniture man has a peddling and
soliciting license? There was no way that, going through the law, that we
~ould deny it_
JOE HENRY: That's one of the reasons now, maybe it's time to look over the
Law.
Page S--LL Peddling and Soliciting
TOWN CLERK TERRY: Youlre absolutely right. Would you object to us at
least getting one hundred dollars up front? For the time being?
COUNCILWOMAN OLIVA: For the time being, and then going back to review
for the Code Committee to change it. I'll put it on the agenda. Okay7
COUNCILMAN PENNY: I think we're going Lo have a problem, especially if
youmre going to make a special consideration for beaches at this time of the
year. Probably if you're looking at amending something, would be for the
calender year 1989, I would think itls kind of' late in this season to be
casting people off of[the beaches. There won't be any concessions on the
beaches at all. We could take a look at it this Fall.
COUNCILWOMAN OLIVA: We'll put it on the agenda.
RICH GILBRIDE: Nobody ever really, in the Chamber, looked at the law,
and now just because of the amendment ...... We looked, so that's what all
the ....
SUPERVISOR MURPHY: Sure, it can be addressed- We could do it. Okay,
anyone else? (No response.) Any Town Board members, like to make any
other comment? (No response.) Hearing none, I'll close this public hearing.
Judith T. Terry
Southold Town Clerk
STATE OF NEW YORI~
~OUNTY OF SUFFOLK)
said Count, being duly sworn, says Iha~ he/she is Principal
Clerk of THE SUFFOLK 'riMES, a Weekly Newspaper,
published at MaLtituck, in Ihe Town or S~uthold, County of
Principal Clerk
COUNTY OF SUFFOLK
STATE OF NEW YORk.
Patricia Wood, 0eing duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER WATCHMAN,
a public news0aper printed at Southold, in Suffolk County;
and that the notice of v, hich the amies, ed is a printe~ cop},
haq been pablJshe~ in said Long [slanO Traveler-Watchman
once each ~eek for .................... ff... weeks
Sworn ro before me this ...... f-~.]'.~'~ .... 4a5 af