Loading...
HomeMy WebLinkAboutLL-1991 #04LOCAL LAW NO. 4 1991 A Local Law in Relation Peddling. Soliciting and Transient Retail Merchants BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold is hereby deleted in its entirety, and a new Chapter 69 I Peddlers, Solicitors and Transient Retail Merchants) is hereby adopted to read as follows: Article I (Licensing and Regulation) is hereby adopted to read as follows: Section 69-100. Legislative intent. The purpose of this Article is to prevent business practices of peddlers, solicitors and transient retail business, from existing in the Town of Southold with certain exceptions, as otherwise provided herein, by providing for the registration and regulation of the conduct of certain peddlers, solicitors and canvassers and otherwise eliminating such practices. Section 69-101. Definitions. 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". 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 (3) 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. Section 69-102. 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, without first registering with the Town Clerk of the Town of Southold as provided in this Article and obtaining the license prescribed. Section 69-103. Exemptions. Bo This (1) (2) The requirements of this Article 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 or any nature whatsoever on regular, scheduled routes to regular costumers. including specifically but not limited to persons deliverincj 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 Article relating to the payment of the license fee or license fees. terms and conditions. Chapter shall not apply to any of the following: Sales conducted pursuant to statute, Sales conducted pursuant to the order by any court. 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) (6) Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York, 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. (7) Any person selling personal property at a garage sale held at his residence. (8) The sale of newspapers. (9) Any merchant having an established place of business within the Town of Southold, Section 69-104. Permitted activities. The following activities shall be the only activities which can be licensed pursuant to this Article. A. The sale of ice cream, milk and other dairy products. B. The sale of hot dogs, soda and other items customarily found on hot dog vending trucks. Co The operation of coffee trucks and the sale of goods ordinarily associated therewith. D. All other businesses herein above defined as transient retail businesses shall be illegal in the Town of Southold. Section 69-105. Application for license. Any person desiring a license under this Article. 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. Permanent home residence. C. The name, address and telephone number of the person from whom goods making up the stock, if any, were or are to be purchased. D. Three 13) bona fide business references. E. The place or places of residence of the applicant for the next preceding three (3) years. F. Two (2) recent photographs of the applicant, approximately two and one-half by two and one half (2 1/2 x 2 1/2J inches in size, together with a complete set of fingerprints. 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. The length of time for which the license is required 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 applicant to act as its representative. A statement by a reputable physician, dated not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of contagious infections or contagious diseases. L. An authorization certification from the New York Sales Tax Bureau. Section 69-106. Investigation of applicant. Each application shall be referred to the Police Department, who shall, without delay, institute such 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. Section 69-107. Recording and reporting of licenses. The license shall be issued on forms drawn in accordance with this Article. They shall be consecutively numbered and shall contain spaces for the insertion of the name, location of the business and amount of fee paid. Bo 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 licensee, the date of approval by the Town Clerk, the amount of fee received therefor and the date when the license was issued. Co Every person holding a license under this Article shall be required to have in his possession the license at all times while actually engaged in peddling. Section 69-108. Fees. A. The non-refundable fee for each license application pursuant to this Article shall be two hundred dollars ($200.) per year or fifty dollars ($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. Section 69-109. Restrictions. A hawker, peddler or solicitor shall. A. 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. Co 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. E. 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. F. Not stand or permit the vehicles used by him to stand in one (1) place in any public place or street for more than ten (10) minutes, or in front of any premises for any time if the owner or any lessee of the premises objects. G. 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 five hundred (500J feet of any school between the ours of 7:00 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. Section 69-110. Revocation and suspension 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. Section 69-111. Signs. Appropriate signs, as the Town Board of the Town of Southold shall deem necessary, shall be erected by the Highway Department of the Town of Southold at such places within the Town of Southold as the Town Board directs, advising of the existence of this Article. Section 69-112. Violations and penalties. Any person required by this Article to procure a license who violates it terms or who violates any of the provisions of this Article shall, upon conviction thereof, forfeit and pay not less than five hundred dollars ($500.) or more than two thousand five hundred dollars ($2,500.) for the first offense and no less than one thousand dollars ($1,000.1 or more than five thousand dollars ($5,000.) for the second or any subsequent offense. Article II IEntrance onto Private Property) is deleted in its entirety and a new Article II ICanvasslng for Religious Purposes) is hereby adopted to read as follows: Section 69-200. Nonapplicability of other provisions. The provisions of Article I of this Chapter shall not apply to persons who distribute religious literature or who solicit contributions for such purposes with the Town of Southold. II. This Local Law shall take effect upon its filing with the Secretary of State. NYS DEPARTMENT OF STATE BUREAU OF STATE RECOROS 162 Washington Avenue ALbany, BY 12231-0001 DATE: 3/22/91 Local Law Acknowledgment Office of the Town Clerk Town of Sou%hold Judith T. Terry Southold, N~f 11971 DOS-236 (Rev. 6/90) --I _l LMUNICIPALITY Town of Southol~ ~ LOCAL LAW(S) NO. I YEAR / 3 & 4 I 1991 FILING DATE 3/19/91 Tho above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Lbcal Law Filing NEW YORK STATE DEPARtHE~T OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. xC~x of SOUTHOLD Town ........................................................................................................................ Local Law No. 4 91 .................................................... of the year 19 ........ A local law in Relation to Peddling, Sol citing and Transient Retail Merchants (Insert 'title) .................................................... Be it enacted by the Town Town Board .................................................................................................................................... of the (Name of Legislative Body) of Southold .................................................................................................................................................. as follows: Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold is hereby deleted in its entirety, and a new Chapter 69 (Peddlers, Solicitors and Transient Retail Merchants) is hereby adopted to read as follows: 1. Article I (Licensing and Regulation) is hereby adopted to read as follows: Section 69-100. Legislative intent. The purpose of this Article is to prevent business practices of peddlers, solicitors and transient retail business, from existing in the Town of Southold with certain exceptions, as otherwise provided herein, by providing for the registration and regulation of the conduct of certain peddlers, solicitors and canvassers and otherwise eliminating such practices. Section 69-101. Definitions. 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". 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. (If additional space is needed, attach pages' the same size as this sheet, and number each.) (i) DOS-239 (Rev. 7/90) 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 ricjht~of'way;, or in any other Place for a temporary period of time. Lack of a rental or leasing agreement of three 13') months or more duration, sealed Dy monetary consideration, shall be presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation, Section 69-102. 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, without first registering with the Town Clerk of the Town of Southold as provided in this Article and obtaining the license prescribed. Section 69-103. Exemptions. The requirements of this Article 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) B. This (1) (2) (3) Persons engaged in delivering merchandise or 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 Article relating to the payment of the license fee or license fees. terms and conditions. Chapter shall not apply to any of the following: Sales conducted pursuant to statute. Sales conducted pursuant to the order by any court. Any person selling personal property at wholesale to dealers in such articles. The sale of fruits and vegetables raised on the property where being sold. ~ber of the United States Armed ~ense under Article 4 of the State of New York. er operating a sale on behalf _~m~"r~mble. religious, patriotic or cause deemed to be in the public mm~~n is represented locally b~ a [(7~) ~j~7.' ,1~ ~llii~¢~j~ ~i ~property at a garage sale held at I(~)~ Am~y m~e~.',~nt ha~iim~ mm e-~lished place of business within the a~.,ly activities which can be ~. ~ ~e ~ ib~ c~rm~, milP~ ~nd other dairy products. and other items customarily found on the sale of goods ordinarily ~l~ defined as transient retail Town of Southold. f~r¢/.~-mmm ~i~ib~ m E~mms'e ~mm~e~ ~is Article. shall first m~ '~mr ~ l~m Ym ~b~tl~ ~f t~m Town of Southold and shall file with ~-' 'Tmv~ ~ff~ ~ ~~m iim~ ~z~itin9 containing the following tlz~:..~ number of the person from whom any, were or are to be purchased. references. [~. 11;~ ~J~m~e mC ~ ~, ~k~e~ce of the applicant for the next the applicant, approximately two and (2 1/2 x 2 1/2) inches in size, fingerprints. 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. The length of time for which the license is required 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 Lhe 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 applicant to act as its representative. Ke A statement by a reputable physician, dated not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of contagious infections or contagious diseases. L. An authorization certification from the New York Sales Tax Bureau. Section 69-106. Investigation of applicant. Each application shall be referred to the Police Department, who shall, without delay, institute such 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. Section 69-107. Recording and reporting of licenses. The license shall be issued on forms drawn in accordance with this Article. They shall be consecutively numbered and shall contain spaces for the insertion of the name, location of the business and amount of fee paid. Bo 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 licensee, the date of approval by the Town Clerk, the amount of fee received therefor and the date when the license was issued. Co Every person holding a license under this Article shall be required to have :in his possession the license at all times while actually engaged in peddling. Section 69-108. Fees. qlhe non-refundable fee for each license application pursuant to this Article shall be two hundred dollars ($200.) per year or fifty dollars 1550.) 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. Section 69-109. Restrictions. A hawker, peddler or solicitor shall. A. 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. C. 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 ten (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. H. Not engage in such business within five hundred 1500) feet of any school between the ours of 7:00 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. II. This Section 69~110. Revocation and suspension 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. Section 69-111. Signs. Appropriate signs, as the Town Board of the Town of Southold shall deem necessary, shall be erected by the Highway Department of the Town of Southold at such places within the Town of Southold as the Town Board directs, advising of the existence of this Article. Section 69-112. Violations and penalties. Any person required by this Article to procure a license who violates it terms or who violates any of the provisions of this Article shall, upon conviction thereof, forfeit and pay not less than five hundred dollars [$500.) or more than two thousand five hundred dollars ($2.500.) for the first offense and no less than one thousand dollars ($1,000.) or more than five thousand dollars ($5.000,) for the second or any subsequent offense. Article II (Entrance onto Private Property) is deleted in its entirety and a new Article 11 (Canvassing for Religious Purposes) is hereby adopted to read as follows: Section 69-200. Nonapplicability of other provisions. The provisions of Article I of this Chapter shall not_apply to persons who distribute religious literature or who solicit contributions for such purposes with the Town of Southold. Local Law shall take effec~ upon its filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law anti strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) i:ereby certify that the local law annexed hereto, designated as local law No. ~ of I~1 'of the (~a)fi~)(C~'~Town)(9(i~[,~0 of Southotd ~vas duly passed by the Town Board . on February 26, 19 91. in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative hody with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on 19 {Name of Legislative Body) disapproval) by the and was deemed duly adopted on (Elective Chief Executive Officer~) in accordance with the applicable provisions of law. of 19 was duly passed by the · and was (approvedXnot disapproved)(repassed after 19 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after (Name of Legislative Body) disapproval) by the on 19 Such local law was (Elect;ire CHief Executive Officer~) submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid p~tition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on t9 , and was (approved)(not disapproved)(repassed after (Name of Legialative Body) disapproval) by the (Elective Chief Executive Officer~) on 19 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 19 in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of 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 supervisor of a town where such officer is vested with the power to approve or veto Focal laws or ordinances. 2 5. (City local law concerning Charter revision proposed by petition.) I 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 provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified etectors of such city voting thereon at the (special)(generai) election held on 19 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that.the local law annexed hereto, designated as local law No. tl of 19 91 of the County of Suffolk , State of New York, having been submitted to the electors at the General Election of November 7 19 89. 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 toxvns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been folIowed, please provide an appropritate certification.) I further certify that I have compared the preceding local law ~vith the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Clerk of~h~ Gounty legislative body, City, _Town or ~vfiag~ Clerk or officer designa[;ed by local le~:ilsat, iYe body Judith T. Terry, Town Clerk Date: F~bruary 27, 1991 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK cour~ry OF SUFFOLK 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,~aw annexed hereto. ~gn~ure ' ' ~. Matthew G. Kiernan, Assistant Town Attorney Title C!q~ of Southold Town Date: February 27', 1991 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD February 26, 1991 8:05 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO PEDDLING, SOLICITING AND TRANSIENT RETAIL MERCHANTS". Present: Absent: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilwoman Ruth D. Oliva Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L Harris (Albany) Councilwoman Ellen M. Latson (out of town) DEPUTY SUPERVISOR PENNY: The next public hearing is on a "Local Lw in Relation to Peddling, Soliciting and Transient Retail Merchants". It will be read by Council- man Wickham. COUNCILMAN WICKHAM: "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 5th day of February, 1991, a Local Law entitled, "A Local Law in Relation to Peddling, Soliciting and Transient Retail Merchants". Notice is 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, Main Road, Southold, New York, on the 26th day of February, 1991 at 8:05 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Peddling, Soliciting and Transient Retail Merchants" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Ch~'~ter 69 (Peddling and Soliciting) of the Code of the Town of Southold is hereby deleted in its entirety, and a new Chapter 69 (Peddlers, Solicitors and Transient Retail Merchants) is hereby adopted to read as follows: 1. Article I (Licensing and Regulation) is hereby adopted to read as follows: Section 69-100. Legislative intent. The purpose of this Article is to prevent business practices of peddlers, solicitors and transient retail business, from existing in the Town of Southold with certain exceptions, as otherwise provided herein, by providing for the registration and regulation of the conduct of certain peddlers, solicitors and canvassers and otherwise eliminating such practices. Section 69-101. Definitions. 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, Pg 2 - PH LL Peddling 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 (3) 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. Section 69-102. 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, without first registering with the Town Clerk of the Town of Southold as provided in this Article and obtaining the license prescribed. Section 69-103. Exemptions. A. The requirements of this Article 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 the application: (1) Any person honorably discharged from the United State Army, Navy, Air Force or Maine 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 customers, 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 Article 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: (1) Sales conducted pursuant to stature. (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) Any honorably discharged member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York. (6) 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. ,Pg 3 - PH LL Peddling (7) Any person selling personal property at a garage sale held at his residence. (8)The sale of newspapers. (9) Any merchant having an established place of business within the Town of Southold. Section 69-104. Permitted activities. The following activities shall be the only activities which can be licensed pursuant to this Article. A. The sale of ice cream, milk and other dairy products. B. The sale of hot dogs, soda and other items customarily found on hot dog vending trucks. C. The operation of coffee trucks and the sale of goods ordinarily associated therewith. D. All other businesses herein above defined as transient retail businesses shall be illegal in the Town of Southold. Section 69-105. Application for license. Any person desiring a license under this Article 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. Permanent home residence. C. The name, address and telephone number of the person from whom goods making up the stock, if any, were or are to be purchased. D. Three (3) bona fide business references. E. The place or places of residence of the applicant for the next preceding three (3) years. F. Two (2) recent photographs of the applicant, approximately two and one-half by two and one half (2 1/2 x 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. The length of time for which the license is required and resgistration is to be effective. I. Details of any arrests or convictions for misdeameanors 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. 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 applicant to act as its representative. K. A statement by a reputable physician, dated not more than ten (10) days prior to the submission of the application, certifying the applicant to be free of contagious infections or contagious diseases. L. An authorization certification from the New York Sales Tax Bureau. 'Pg 4 - PH LL Peddling Section 69-106. Investigation of applicant. Each application shall be referred to the Police Department, who shall, without delay, institute such 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. Section 69-107. Recording and reporting of licenses. A. The license shall be issued on forms drawn in accordance with this Article. 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 licensee, 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 Article shall be required to have in his possession the license at all times while actually engaged in peddling. Section 69-108. Fees. A. The non-refundable fee for each license application pursuant to this Article shall be two hundred dollars ($200.) per year or fifty dollars ($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. Section 69-109. Restrictions. A hawker, peddler or solicitor shall. A. 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. C. Not offer for sale any unwholesome, tainted deleterious or diseased provisions or merchandise. D. 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. E. 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. F. Not stand or permit the vehicles used by him to stand in one (1) place in any public place or street for more than ten (10) minutes, or in front of any premises for any time if the owner or any lessee of the premises objects. G. 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 five hundred (500) feet of any school between the hours of 7:00 a.m. and 4:00 p.m. on school days. pg 5 - PH LL Peddling I. 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. Section 69-110. Revocation and suspension 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. Section 69-111. Signs. Appropriate signs, as the To. wn Board of the Town of Southold shall deem necessary, shall be erected by the Highway Department of the Town of Southold at such places within the Town of Southold as the Town Board directs, advising of the existence of this Article. Section 69-112. Violations and penalties. Any person required by this Article to procure a license who violates its terms or who violates any of the provisions of this Article shall, upon conviction thereof, forfeit and pay not less than five hundred dollars ($500.) or more than two thousand five hundred dollars ($2,500.) for the first offense and no less than one thousand dollars ($1,000.) or more than five thousand dollars ($5,000.) for the second or any subsequent offense. 2. Article Il (Entrance onto Private Property) is deleted in its entirety and a new Article II (Canvassing for Religious Purposes) is hereby adopted to read as follows: Section 69-200. Nonapplicability of other provisions. The provisions of Article I of this Chapter shall not apply to persons who distribute religious literature or who solicit contributions for such purposes with the Town of Southold. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: February 5, 1991. Judith T. Terry, Southold Town Clerk." I have before me a proof of publication in The Suffolk Times, a proof that it appeared on the Town Clerk's Bulletin Board, and a proof of publication, that it has appeared in The Mattituck Traveler-Watchman. That's all I have on it. DEPUTY SUPERVISOR PENNY: Thank you, Tom. Would anybody at this time, like to speak either in favor or against this proposed Local Law? (No response.) Hearing none, we'll close this public hearing. ~T. Terr~ Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW 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 5th day of February, 1991, a Local Law entitled, "A Local Law in Relation to Peddling, Soliciting and lkansient Retail Merchants.,, NOTICE IS 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, Main Road. Southold, New ~brk, on the 261h day of February, 1991, at 8:05 o'clock P.M., at which time all interest- ed persons will be heard. This proposed "Local Law in Relation to Peddling, Soliciting and Transient Retail Mer- chants'' read as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold is hereby de- leted in its entirety, and a new Chapter 69 (Peddlers, Solicitors ~nd Transient Retail Merchants) Js hereby adopted to read as follows: 1. Article I (Licensing and Regulation) is hereby adopted to read as fi>llows: Section 69-100. Legislative intent. The purpose of this Article is to prevent business practices o.f peddlers, solicitors and tran- ?en[ retail business, from exist- mgm the Town of Southold with certain exceptions, as otherwise provided herein, by providing for the registration and regulation of the conduct of certain peddlers, solicitors and canvassers and otherwise elimi- nating such practices. Section 69-101. Definitions. PEDDLER--A person who goes from place to place by tra- veling 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 provi- sions, 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 sin- gular and the plural and shall also include and mean any indi- vidual, firm, partnership, cor- .potation, voluntary association, ~ incorporated association, club, society or olher organization and any officer, employee or agent thereofi SOLICITOR and/or CAN- VASSER--Any person who goes t'rom place to place or house to house, or stands in any street or public place, taking or offering to gake orders for goods, wares or merchandise, except as here- inafter exempted, or for services to be performed in the future, or for reeking, manufacturing or repairing any article or thing whatsoever for future delivery. TRANSIENT RETAIL BUSINESS--A retail or wholesale business conducted in a temporary strugtum or tent; fro.n~, a truck, van .05 trailer; land;,on a part of l~blk: ri$ht~ ~{-~; Or in ~ ~ I~ for l-~k 6f a rental 0r ~ agree. merit of tlu'~ O) months or more duration, sealed by mone~ tary consideration, shall be pre- sumptive of a temPOtaxy situa- tion. Th6 type df merchandise heing offend for ~nio Will have no bearing on tho 4~i~nation. Section 69;102. License rezlnired. It shall he unlawful for any l~xkller or solicitor to scil or dis- pose of or to offer to ~11 or dis~ ~o~ ~,of ~y good~, ~ memhancli~ within the Town of Souih01d or to solicit'~r act as a solicitor from d°°£'-to door within the Town of $outhold, without flint ~gisteting With the Town Cl~rk of the Town of Southold as provided in this Ar- ticle and obtaining the license prescribed. S~ction 69-103. E,n~mpti6ns. A. The mcluirements of this Article as to the payment of a license fee (but not as to regis- tration) shall be held not to in- clude the following persons, who am expressly exempt from its application: {1) Any person h0~Ombly dis- charged from the Unit~ State~ Army, Navy, Air' Force or Marine Corps or o~her com- ponents of the milha~ forces of the United States. (2) Persons engaged in delivering merchandise of any nature whatsoever on r~ular, scheduled routm to regular cns- tomers, inciUding Sl~cifically but not limited to persons de- livering dairy products, bread and .other merchandise over such routes; and, With ~l~t tO per~ons mentioned in this section, they shall be ex~mpt from all reClai~nn~nis of this Ar- ticie relating:to the payment of the lieenso fee or licco~ fees, ten~s 'and conditions. B. This Chapter shall not ap- ply to any of the following: (1) Sales conducted pursuant to statute. (2) Sales conducted'pursuant to the order by any COurt. O) Any person ~liing per- sonai property at wholesale to dealers in such articles. (4) The sale of fruits and vegetables raised on fl~ property where heing sold. (5) Any honorably discharg- ed member of the United States Armed Forces who has procured a license under Article 4 of the General Business Law of the State of New York. · (~) Pm om soliciting, coli~ct. o~fion of worthy ~nse d~m~ m ~ in the ~ubHc in- ~t ~d w~ch o~ani~ation is ~tdent. (7) ~y pe~n selli~ ~r- sonal pm~y at a gmge ~le held at his m~den~ (8) ~e sale of n~pa~n. 'within the ~wn of Southold. Section 6~1~. ~rmit~ ~ the oMy a~i~ti~ wMch c~ ~ li~n~ pu~uant to this ~ ~e s~e of hot dogs, s~a ~d other it.s cnstom~Hy ' found on hot dog ven~ng trucks. C. The o~rafion of coff~ treks ~ t~ ~e of go~s or- · n~ily ~at~ the~th. D. ~ ~her ~n~ h~n a~ defm~ ~ ~ent m~l bnsiness~ sh~ ~ illegM in the ~n of ~u~01d. ~tion ~105. Application Any ~n d~ifi~ a license ster with t~ ~wn'Clerk of the T~n of ~uthold ~d s~l ~e with ~d ~wn Cl~k ~ appli- ~in writing con~Mng ~e foHo~ng Mfo~ation: A. ~ ~e of~e applier. ~ ~t home ~d~ C. The nam~ ad~ss ~d tel~hone nm~r of ~e ~n from whom g~ making up the st~k, if ~, were ~ ~m to ~ pu~. D. Three (3) bona fi~ busings ~f~nc~. E. ~e pla~ or pla~ of ~- d~ee of the appli~t for the n~t p~ce~ng th~ O) ~. E ~o (2) ~t photo~p~ of ~e a~t,,app~ate~ two ~d one-bMr ~ t~ an~ one h~f (2~ x 2~) inches M O. A description of the be ~ld and offered for sMe ~or ~e purpose of his pm- H. ~ ~ of ~ for ~s~tion is to ~ e~i~ convictioi~ for misdemeanors and crime~ in~ th~ nature of ibe Off~/~s~f~r which anest- ed or convi~d, tl~ ~e oi con- via/on and the place where sa/d ~.'T0'/ald apPli~tion, and'~ a part thereof~,~here ~ beat- tacSed a letter from the firm or cant works, a~thorizins a~pli- cant to act as its representativ~ K~ A s~tement by a reputable physic/~mi dnto~ not more ~han sio~ of tbe ap~ication, eertify-. ing th~ applkan~ to be f~ee of ~inus i~fe~/q~ or conta- in from the Ne~'York Sales l~x B~reau. S~ion li9-106. ~tigal/on of ~plicant. ~ applimtion shall be re- who shell~ without delay, imfi- a~p~t's ~m/nes~ a~d moral c~ aS it dqcms neees~lry for/lhe protection,of ~the public good and e0mplete the Same within a rensOanble/i/ne. No ~ ~hidi be issued ~ntll ~he alSplication ~imll haw been aP- merit. The appmvuior reje~ion shall be endorsed on the app#- cntign by the C~¢ fo$ Police or officer in chaste. ~ Section .69-107. Recording and repo~0f licenses. A, The ii.se shall be i~sued off forms drawn in accom~mce with this Article. They sliali be comeeuti~ly nmnbered and shall ~.on~in spaces for the in- station of~ tt~ name, locntion of the busine~and ~ooum of fee B. There shall be kept in the office of thc To~ Glerk the necessary bobk9 for recording thc time th~ application was re- ceF~ed~ showing whether it is an ,apl~cntion for a new or renewal license, tbe anme of the licensee, ~e date of apl~oval by tbe Town C~erk, the amount of fee re- c~ved therefor and the date when the license ~ issued. C,, Eve~ person holding a license unde~ this Ara'cie shall be required' to have in his pos- session the license at all times while actually engaged in peddling. Section 6~-108. l~s. A. Thc non m~endable f~e£or each license application put- suant to this Article shuil be two hundred dollars ($2000 per year or fifty dollars ($~0) per day or fraction thereof. B. Licenses shall be issued on an annual basis and shall expire on 1)~o~mber 31 of the ~ of Section 69.109, ~,zlKfictlom. A hawker, peddler or sol~ilor A. Not engage in such business at any time between the hours of 8:00 p.m. and 9.~)0 a.m. '~ B. Not willfully misstate the 'qUantity of quality of ~ay arti- ile offered for sale · C. Not offer for sale any un- wholesome, tahted, delem~ious or diseas~d~ provisions or D. Keep the vehicle' and re- ceptacles used by him in a clean and sanitary condition m~d .the foodstuffs and edibles Offered for sale well covered ahd pro- tected from dirt, dust and insects. E. H~ ~ali attention to his goods bY blowing a ~rn, by tin,n! ~/bell other than a house doorbell, by shouting or crying out or by ~an~t loud or unusual noise. F. Not stand or penuit the ,v~ic~p~i by hind,to atand one (1) place in any ~ublic place or stre~ for more than ten (10) ~inutes, or in front of an~ p~, raises for an~ time ir the i~wner or any lessee of the pmnises objects. G. Not create or malntalh aro' reis, boxes, crates or other ob- structions upon /my street or po~lic p~ ior thc purpose of selling hr ~tpbsing for side any g ~o~ds, wares or merchandise. H. Not m~g~gc in such busi- mss within'five hundn~d feet of any school between the hours of 7:00 a.m. and 4.'00 p.m. on school days. I. Not sell Or peddle prepared foods of any kind, including ice a~un, confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers and other sandwiches, on any town beach upon which is located a conces- sion stand operated under an a~reement with thc town, or on any ~ parking area adjacent thereto. Section 69-110. Revocation and suspension of license; hearing. A license may be revoked by the Town Clerk or the Chief of Police by reason O~'yiolatinn or the terms of tbe~license, the viotation of any ~ ordinance or state or fedeml state or fatsmcation ~r f~ud ~ ins for the licens~ The licensed person may, upOn nr_~ki~ appli- cation to the Town Clerk in writing, request a hearing by the Town Board upon the ~ocation or suspension of the aformaid license. Section 69-111. Signs. ,,~ ~APi~ro~ priat~, signs, as the ~ Board df the Town '~f Sout~old shall deem necessary, shall be erected by the High'my Department of the Town of Southold at such places within the Town of Southuid as the Town Board dir~ts, advising of the ¢~i~tence of.this Article. S~'tion 69-112. Violations Any person required by this Article to procure a license who violaUs its terms or who violates any of th~ provisions of this Ar. ti~q~ ~, upon' conviction thm'edi~; forfeit and pay not less than ~ hm~d dollars ($~00.) or more than two thousand five hmldmd dollars ($2~00.) for the first ol~fel~e and 1!o less than one thousand dol!ars ($!,000.) or more than live thousand dollars ($$,000.) for the second or any subsequent offense. 2. Article Il (Entrance onto Priv~ Pml~,ty) ~ deleted in its entirety ~ ~ new Article II (~ fo~ R~liSinus Pur- I~ex) isiter~by adopted to read as follows: ~: Sectioia 69-200. Nonappli- cahility o~0ther provisions. The provisions of Article I of -thi~Chapter shall not apply to persons who distribnte religious literature or who solicit con- tributions for such purposes within the ~ of Southold. II. This Local ~ shall take effect upon its filing with the S~cretary of State. Copies of this Local Law are available in the .Office of the Town Clerk to any mternsted persons during bnsine~ hours. DATED: February 5, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK IX, 2/14/91 (31) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editoe, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman oRce each week fol' / weeks successively, commencing on the ....... /.'~.~. Sworn lo befm'e me Ihis ..................... clay of ....................... ,19'7/ Notary Public r'ARB^R4 A. SCHNEIDER I,~O;,~E',' ?USt!C;,, State of New York N0, .~o0oo46 (, .:.fi,.,. ~ ..... ~,l, County / in a reasonable time. No license shall be issued until been approved by the Police Department, The approwl or rejection shall be endorsed oo the appli~tion by the Chief of Pc~i.ce or c~ficer in cha~ge, Section 69-107. Recording and ~ of licenses. A. The liceme sha~ be issued on forms drawn in ac- cordance with this Article. They shah be consecutively spaces for thc insc~A~ of the name, location of the besi- ne~s and amount of fee peid. B, Tbere shaH be kept h~ tbe necessary books for record- was received, showing whether it is an application the name of the licensee, thc date of approval by the Town Clerk, the amount of fee n~eived ~'efor and the dale when thc I~ms~was issued. ¢. Every person holding a shall be required to have in his possession the ii--se at all time while actually A. The non-refundable fee for each license application purst~ot to this Article shall he two hundred dollars ($200.) per year or fift~ dol- hrs ($50.) per day or fFactinn there,. B. Licenses shell be issued on an mmual basis and shall expir~ on De,ember 31 of th~ S~fioa 69-109. Restrictions. A hawker, pe. ddler or soligi- A. Not engege in sach besi- cepta¢le~ used by him in a goods by blowing a ~n, ~ bease doorbell, by thonting in o~e (I) pl~e in any public ten (10) miflutes, or in front ~dise. (500) feet of any school be- foods, hot dogs, hamburgers pm~kins t~ea ad'Acent thereto. bearing. A license may be rev.-ed by c~ Police by ~e. uson c~ rich- or fraud in apply~ for the liceuse. The b Immm may, upon m~th~ ~ tion to the Town ~JJJd~ kB the Town Boerd qms tbs revocation or suspembn d Sect~A 69-11L Sism. Town J~:ard of the Town of Hishway Depaflmem ~ the Soothold as the Town Ihmrd and penalties. Any person required by thb hundred dollars ($500.) or hundred dolh~ ($2,500.) for ($1,000.) or mor~ than five thousand dollars ($5.000.) for fl (Canvassing for Religious Purposes) is hereby adppied sc~cit conuibetions for such purposes with the Town of SmlhoM. IL Thls Local Law shall take effect upon its filin8 with the Sectetery of State. Copies of this Local Law ore available in the Office of the Town Clerk to any buerested peri,ms during business houri. DATED: Febfl~y 5. 1991. ~JD1TH T. TERRY SOUTHOLD TOWN CLERK 6950-1TF14 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) SHARON ROCK of Mattituck, ln said County, being duly sworn, says that ha/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which tha annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 14 day of FEBRUARY 1991 Principal Clerk Swomt~f~e mo thb /~-'~ day oL-~//~4~/;/{--19 '~ / .,.;~,~ ~, ~,~ ~ ,i