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Home My WebLink AboutLL #05 2016 SOUTHOLD TOWN BOARD PUBLIC HEARING June 14, 2016 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. * � * * Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 5:01 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 17th day of May, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 197, 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 14 day of June,2016 at 4:32 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 Chanter 197, Peddlers, Solicitors and Transient Retail Merchants" reads as follows: ', . LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these amendments is to require that, prior to the issuance of a license, the criminal histories of all peddlers and solicitors, and those that assist them, be fully vetted by the New York State Division of Criminal Justice Services and the Police Department so as to protect the health, safety, and welfare of the community. Public Hearing, Amendments to Chapter 197 Peddlers June 14, 2016 page 2 II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: & 197-6. Apulication 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 applicants permanent home residence. C. The name, address and telephone number of the person from whom goods making 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 previous preceding three years. F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size. [Amended 6-30-2015 by L.L. No. 5-2015] 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 registration is to be effective. I. 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. 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. 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. L. An authorization certification from the New York Sales Tax Bureau. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. [Added 6-30-2015 by L.L. No. 5-2015] N. Where a person enlists the assistance of another person whether as an employee, a�ent or contractor to peddle solicit or operate a transient retail business, all ��licable personal information�ecified above shall be required to be �iven for each person and an individual license shall be required and issued to ever�such person. No license issued under this article shall be transferable from one person to another. § 197-7. Investi�ation of applicant. A. Each application shall be referred to the Police Department, which 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.'`T '' '� " '� a � „+;' *�� " "';"�+;^" �'"'" '"<'a ��e�-a�e��-t�e-�e��c-�-B��n�-a�}�r��'--a��:�:��,�� ,o o a a +�, i;,,,,�:,.,, �,�,+�,o rt,:o�„�n„i;,.o „«„f��a,._�� „�,.,,.,.o .�w.,.��.. .,.. ��._ �rr..��..,.. .,, ...� �._.__ --_ - ------ �- -------- --- --- =a- Public Hearing, Amendments to Chapter 197 Peddlers June 14, 2016 page 3 B The Police Chief or his desi�nee shall cause the fingerprints of any applicant for a peddlin� or soliciting license and an�applicable fee pavable b t�he applicant to be forwarded to the Division of Criminal Justice Services (DCJS) in the form and manner as prescribed by DCJS for a complete criminal background and investi atg ion. C The Police Chief or his desi�nee shall review the criminal history record information disseminated by DCJS in connection with the applicant's criminal back�round and Investi at� ion• D In makin�the determination of the a�plicant's fitness for the requested license, the Police Chief or his desi�nee shall give due consideration to the information provided bv DCJS, New York State Correction Law §�,� 701 throu h 703b and �� 751 throu�h 753. 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. That is really the only change the rest of this is changes to existing to allow for that to happen. A full copy of this has been published, I have an affidavit here that the notice was printed and it has been affixed to the Town Clerk's bulletin board. And I also have a copy of the notice in the Suffolk Times on June 9, 2016 and that is it. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this local law? Just as a clarification, this isn't new, actually this is simply transferring responsibility of the background checks from Suffolk County to Southold Town. This isn't something that the town just dreamed up that we just started needing. No, what happened was that we are assuming that responsibility to make sure it gets done. This hearing was closed at 5:03 PM * � � * * * , � �. Eli eth A.Neville Southold Town Clerk �v�,Customer Cop = , _� � '� ,� � ' �Labeltt-F. 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Greeting cards available for purchase at select Post Offices. �� Save this i�eceipt as evidence of insurance. For information on filing an insurance claim �o to https://www.usps.rom/help/claims.htm. STATE OF NEW YORK ' DEPARTMENT OF STATE � ONE COMMERCE PLAZA ANDREW M. CUOMO � 99 WASHINGTON AVENUE - GoveRNOR ALBANY,NY12231-0001 ROSSANA ROSADO VWWV DOS NY GOV SECRETARY OF STATE June 20, 2016 . RECEIl�E[� - Town of Southold . Town Hall, 53095 Main Rd. �� 2 � �� _ P.O. Box 1179 Southold, NY 11971 Southold Towrt Gi�rk RE: Town of Southold, Local Law 5 2016, filed on June 20, 2016 Dear Sir/Madam: � The above referenced material was filed by this office as indicated. Additional Iocal law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau , (518) 473-2492 � NEWYORK pepartment ' STATE OP {, OPPORTUNITY_ O�S LC1�� Neville, Elizabeth From: Neville, Elizabeth , Sent: Monday,June 20,20161223 PM To: Rudder, Lynda Cc: Flatley, Martin Subject: Local Law on Peddling Attachments: LL#5 Filing Form#239_20160620101847.pdf; DCJS Request form foracc_ 20160620102011.pdf;TB Reso 2016-633 Adoptin 20160620101736.pdf Lynnie I need the receipt from the NYS DOS for the Local Law Filing. Did they say they would e-mail it to us as soon as it is officially registered is in the system? We need the receipt as soon as possible. Once I get the receipt, I can give it to Chief Flatley together with the Town Board Resolution; Local Law Filing Form 239 and DCJS Request for Access ORI#so that he can file the application for the ORI# for Criminal Background Investigations.The sooner the better so that we can get these pending,applications vetted. Betty Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel.631765-1800, Ext. 228 Fax 631765-6145 Cel I 631466-6064 Your message is ready to be sent with the following file or link attachments: TB Reso 2016-633 Adoptin_20160620101736 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. i 1 i � - NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filin� - �.B�,� 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. . , � ❑ County ❑ City Q Town of SOUTI30LD � ❑ Village Local Law No. 5 of the year 2016 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants. Be it enacted the Town Board of the: � ❑ County' ❑ City � � Q Town of SOUTHOLD ❑ Village I. Purpose. The purpose of these amendments is to require that,prior to the issuance of a license,the criminal histories of all peddlers and solicitors, and those that assist them,be fully vetted by the New York State Division of Criminal Justice Services and the Police Department so as to protect the health, safety, and welfare of the community. � II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: - § 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 applicants permanent home residence. C. The name, address and telephone number of the person from whom goods making the stock, if any, were or are to be purchased. _ (If additional space is needed,attach pages the same size as this sheet,and numbe'r each.) DOS-239(Rev.05/OS) ' � 1 ;L / D. Three bona fide business references. E. The place or places of residence of the applicant for the previous preceding three years. F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size. [Amended 6-30-2015 by L.L. No. 5-2015] 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 registration is to be effective. I. 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. 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. 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. L. An authorization certification from the New York Sales Tax Bureau. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. [Added 6-30-2015 by L.L. No. 5-2015] N. Where a person enlists the assistance of another person whether as an employee, agent, or contractor, to peddle, solicit, or operate a transient retail business, all applicable personal information specified above shall be required to be given for each person, and an individual license shall be required and issued to every such person. No license issued under this article shall be transferable from one person to another. § 197-7. Investigation of applicant. A. Each application shall be referred to the Police Department, which 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. B. The Police Chief, or his designee, shall cause the fingerprints of any applicant for a peddling or soliciting license, and any applicable fee payable by the applicant, to be forwarded to the Division of Criminal Justice Services (DCJS) in the form and manner as prescribed by DCJS for a complete criminal background and investigation. C. The Police Chief, or his designee shall review the criminal history record information disseminated by DCJS in connection with the applicant's criminal background and Investigation. D. In making the determination of the applicant's fitness for the requested license, the Police Chief, or his designee shall give due consideration to the information provided by DCJS,New York State Correction 2 / � � Law §§ 701 through 703b and §§ 751 through 753. 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. 3 J,. � (Complete the certification in the paragraph that applies to the filing of this local law and strike out that 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. 5 of 20 16 . of the (Town)�)of SOUTHOLD was duly passed by the TOWN BOARD on June 14 ,20 16 ,in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , 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 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ,and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(pernussive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. . of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on ' 20 Such local law was subject to pernussive referendum and no valid petition requesting such referendum was filed as of 20 , 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 chairperson 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 local laws or ordinances. 4 _�� 5.(City loeal law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 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 afF'u-rnative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,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 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 certification.) 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 there from and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of e County legislative body. City. Town or (Seal) Village erk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: June 16,2016 (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 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 law annexed hereto. /� 4 �' Signature William Duffy,Town Attorney Stephen F.Kiely,Assistant Town Attorney Title � � , Town of SOLTTHOLI) �g Date: June 16,2016 5 i � Southold Town Board - Letter Board Meeting of June 14, 2016 z��5°"°`"�� RESOLUTION 2016-633 Item # 5.54 � ��°�a� ADOPTED DOC ID: 12048 T�IIS TS TO CERTIFY THAT THE FOLLOWTNG RESOLUTION NO. 2016-633 WAS ADOPTED AT THE REGULAR MEETING OF THE SOiJTHOLD TOWN BOARD ON JUNE 14, 2016: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 171h day of May, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient l�etail Merchants" and WHFREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local I.aw at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local I,aw entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and `Transient Retail Merchants" reads as follows: LOCAL LAW NO. 5 of 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE TT ENACTED by the T'own Board of the Town of Southold as follows: I. Purpose. Thc purpose of these amendments is to require that, prior to the issuance of a license, the criminal histories of all peddlers and solicitors, and those that assist them, be fully vetted by the New York State llivision of Criminal Justice Services and the Police Department so as to protect the health, safety, and welfare of the community. II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: § 197-6. Application for liccnse. 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. I3. "rhe applicants permanent home residence. C. The name, address and telephone number of the person from whom goods making the Generated June 15, 2016 , Page 76 \ ` Southold Town Board - Letter Board Meeting of June 14, 2016 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 previous preceding three years. F. "Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size. [Amended 6-30-2015 by L.L. No. 5-2015] 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 registration is to be effective. I. 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. 1 o 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. 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. L. An authorization certification from the New York Sales Tax Bureau. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. [Added 6-30-2015 by L.L. No. 5-2015] N. Where a person enlists the assistance of another person whether as an emplo� a�ent or contractor to peddle solicit or operate a transient retail business all ap�licable personal information specified above shall be required to be �iven for each person and an individual license shall be re�uired and issued to every such person No license issued under this article shall be transferable from one person to another. � 197-7. Imvesti�ation of applicant. �. L'ach application shall be referred to the Police Department, which 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. '`T '' � " � � �..+;' +�„' � ';"�+;"" "�,^" '""'.. .. .., ...,.. ...i:.p....,.�.,...... .,....•• '..... ,. ,7 ,7 �L, 1' *' l, +1,_ !`1,;of„�'U 1' .,,-�,f'f.. a .,, �1,., a i vii�� v. v.i,�� ,. is: B The Police Chief or his designee shall cause the fingerprints of an�pplicant for a peddling or solicitin�license and any applicable fee pa a�le bY the applicant, to be forwarded to the Division of Criminal Justice Services (DCJS) in the form and manner as prescribed by DCJS for a com�lete criminal back�round and investigation. C The Police Chief or his designee shall review the criminal history record information disserninated by DCJS in connection with the applicant's criminal back�round and Investi at� ion• Generated June 15, 2016 Page 77 �f ' Southold Town Board - Letter Board Meeting of June 14, 2016 D. In makin� the determination of the applicant's fitness for the requested license, the Police Chief or his designee shall �ive due consideration to the information provided by DCJS, New York State Correction Law �� 701 throu�h 703b and §§ 751 throu hg 753• III. SEVERABILTTY 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 DA'I'F, This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. �� Elizabeth A. 1�leville Southold Town Clerk RESUI.'I': ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONI)ER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated June 15, 2016 Page 78 �� vi � � �� - ��'�-r� t�c rv�c s Request for Access to Criminal History Record Information Access to criminal history record information maintained by the New York State Division of � Criminal Justice Services (DCJS)for employment or licensing is permitted only if there is a state law, federal law, or local law of a New York State village, town, city or county that specifically authorizes a fingerprint-based criminal history record background check. Requesting Agency: Contact Name: Address: Phone Number: E-mail Address: 1. Nature of request (please check all that apply): ❑ Fingerprint submission for background check of applicants for employment/licensing ❑ Legal review of proposed local law to determine whether it is sufficient to allow access to criminal history ❑ Access to criminal history through the eJusticeNY Integrated Justice Portal ❑ Limited Peace O�cer access. Peace officers may access wanted and missing information maintained by DCJS for the purpose of making inquiries; and,with the permission of the State Police, also may access Department of Motor Vehicle non-photo license and registration information. In order to apply for this access, entities or agencies that employ peace officers must provide: The ordinance or statute that created the agency or entity; , The ordinance or statute that authorizes the agency/entity's peace officers to have arrest powers; and A statement on agency/entity letterhead, signed by an authorized official, indicating the agency/entity is a criminal justice agency as defined in 28 Code of Federal Rules (CFR) Section 20.3 (g) (2); and verifying that more than 50 percent of the peace officers'time is devoted to the administration of criminal justice as defined in 28 CFR Section 20.3 (b). ' � 1 2. State or local statute or federal statute or federal regulation authorizing criminal history access (please describe and attach law or regulation): 3. Is access to federal criminal history record information maintained by the Federal Bureau of Investigation (FBI) requested? Please note that this is not applicable to local laws. ❑ Yes ❑ No If yes, please describe and attach a copy of the state statute or federal statute or federal regulation authorizing access to federal criminal history record information maintained by the FBI. Please�note: Local governments should follow the guidelines below in drafting a local law that will be sufficient to allow the agency to submit non-criminal applicant fingerprint inquiries to DCJS. A local law must contain: • The specific license type/job title for which fingerprinting is required; • A provision stating that fingerprints and any applicable fees must be submitted to DCJS in the form and manner prescribed by DCJS; • The municipal agency and the title of the staff that will be responsible for reviewing the criminal history record information; and • A provision stating that if a prospective applicant has been convicted of a crime, any decision regarding such prospective applicant's fitness for a license must be made upon consideration of New York State Correction Law§§701-703-b and §§751-753. Correction Law§§701-703-b provides for certificates of relief from disability and certificates of good conduct, and §§751-753 sets forth New York's public policy to encourage the licensure and employment of persons previously convicted of one or more criminal offenses and factors that should be considered in making hiring determinations. Proof of filing of such local law with the New York Department of State must also be submitted along with request for consideration of local law. If an agency or entity seeks a review a local law prior to enactment by a local government, this proof of filing requirement does not apply. Please direct any questions about these requirements to the DCJS Office of Legal Services at dcisleaalsenrices andcis.nv.qov or(518)457-8413. 6/20/2016 USPS.comO-USPS Tracking0 English Customer Serv�ce USPS Mobile Reglster 1 Sign In ��', CUStOt71Ef$61VIC@> U S P S Tra eki n g� �� Have questions?We're here to help. �� Get Easy Tracking Updates > � Sign up for My USPS. Tracking Number: EM552664684US Scheduled Delivery Day: Saturday,June 18,2U16, 12:00 pm Money Back Guarantee 5igned for By. K WILLS (! ALBANY, NY 12231 !! 9:23 am Product & Tracking Information Available Actions PostalProduct. 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No tracking numbers necessary, Track It Sign up for My USPS> https//tools usps.com/go/TrackConfirmAction�tLabels=em552664684us 1/2 , �og�FFOL�,d,O Ed,IZA�ETH A.NEVII.I,E,M1i�IC �y.0 Gy Town Hall,53095 Main Road TOWN CLEI�I� � � P.O. Box 1179 y �' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � � � Fax(631)765-6145 MARRIAGE OFFICER ' !�°� �Q�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.� � �► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICIE OF'I'�-IE TOV�IN C�E1�K TOWN OF SOUTHOLD . June 16, 2016 Express Mail i�E �I 5 5 2 6 6 4 6 8 4 U S �� . � -- -------� RE: I.ocal Law No. 5 of 2016 Town of Southold, Suffolk County Ms. Linda Lasch � Principal Clerk, New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 � Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local�Law No. 5 of 2016 of the Town of Southold, suitable for filing in your office: � ' ' , I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. - - Very truly your , t : �� ' � � Lynda M Rudder Deputy Town Clerk . Enclosures cc: Town Attorney Rudder, Lynda From: ezsupp <ezsupp@generalcode.com> Sent: Thursday, June 16, 2016 9:52 AM To: Rudder, Lynda Subject: RE: Emailing: LL#5.docx , Thank you for your e-mail. 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General Code 1-800-836-8834 ezsupp c(D.generalcode.com 1 ` #12823 � STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) j Karen Kine of Mattituck, in said county, being duly sworn, says that 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), successfully commencing on the 9th � ' day of June. 2016. � I � I ; , � �� ; I - ��- Principal Clerk � �Sworn.to_before me tfiis � � day of 20 g, ! . . � - -•� - , , , , - , , I I LEGAL NOTICE _ � � NOTICE OF PUBLIC HEARING . _ �,� �� NOTIC�IS HEREBY GIVEN that �there has been presented to the Town � � CHRISTINA VOLINSKI � 'Board of the Town of Southold,Suffolk { � NOTARY PUBLIC-STATE OF NEW YORK � County,Ne«�York, on the 17th day of � No Ol V06105050 �May,2016,a I,ocal Law entitled"A Lo- i Quallflod In Sutfolk County cal Law in relation to Amendments to � (y�y�@p��IiSi@fi E�qltes february 28,2020 i Chaater 197 Peddlers Solicitors and '1 � Transient Retail Merchants"1nd f � NOTICE IS HEREBY FURITIER S ( GIVEN that the Tdwn Board of the � -- d Town of Southold will hold a public � � hearuig on the aforesaid Local Law at � � � the Southold Town_Hall,_53095 Main;_ ' ` Ro`ad;Southtild;New York, on the 14 j - day of June,2U16 ut 4:32 p.m,at�vhich ; • r hme all mterested persons will be given � � , �an opportunrty to be heard. . r � The proposed Local Law entitled,°°A j , , j Local Law in relation to Amendments � ' i to ChaoteL 197 Peddlers Solicitors and � Transient Retail Merchants" reads as i follows: . , �LOCAL LAW NO. 2016 � i A Local Law enhtled.L°A Lo�al Law � • i � in•relaHon to Amendments to Cha ter sist`ance of another person_ whethe�as ; ' i 197. Peddlers. Solicitors and Transient an emplo ee ' Reta�l Merchants". �dgent or contractor to , , neddle. solicit or operate a transient ! ' B� IT ENQCPED by the Town retail business all a licable ersona] I � ; Board of the Town of Southold as fol- mfoimation specified above shall be re +J I � � lows: � �gutred-to be iven for each person and - ---- - �_ I.P.urpose. an mdiv�dual license shall'be reqmred .f � .�µ ._. . . � � �- �� , I ; The purpose of these amendments is ,and iSsued_ to_ e ,'vere such peison.No li- ; � to requ�re that,pnor to the issuance of a, cense�ssued under this article shall be � license,the criminal histories of all ped-; transferable from one person to another � • � dlers and sohcrtors,and those that assist §197-7.Investigation of ap�licant j ; � them,be fully vetted by the New York A.Each application shall be refened , � State Division of Crimmal Justice Ser- to the Pohce Depaztment,wlvch shall,, , vices and the Police Department so as to without delay, inshtute such mveshga- i � protect the health,safery,and welfare of tion of the apphcanYs busmess and - ; the communrty. ' �' 'moral chazacter as it deems necessary , - -- -� - � ---� - � - ; -II.-Chapter 197 of the Gode of the� for the protechon of the public good and � , 'Town of Southold is hereby amended as complete the sauze within a reasonable � ,follows: time. � �§197-6 AQplication Por license ' - ` `Any person desiring a license under - thts chapter shall first register with the � Town Clerk of the Town of Southold and - � shall file wrth said Town Clerk an appli- � cation,in wrihng,containmg the follow- -B.The Pohce Chie or his designee �ing informahon: shall cause the fin e rints of anv an li- � A.The name of the applicant. cant for a peddlinp n�solicitm 1_�cense, •B. The applicants permanent home• and anv aonlicable fee payable by the residence. ' aqnhcant.to Ue forwarded to the Divi C.The name,address and telephone ston of Cnminll Justice Services�DCJS� �number of the person from whom goods m the form_and manner as �rescnbed making the stock,if any,were or are to bv DCJS for a complete criminal back ; be purchased. -- = Qroundo a_ na m�estl adon I D. Three bona fide business refer- C.The Pohce Chief or his desi nee ! ; ences. shall rev�ea>the criminal h�story record � E.The place or places of res�dence of mformation disseminated by DCJS m' �; � the apphcant for the pretnous preceding connection with the aonlicanYs crimmal ' -�"' + ..-„-a.�,�3nsr�rc�idtiU'ii"to'tlie in---� G•A description of the goods,wares fO�ation rovided b or merchandise to be sold aud offered State Correction Law D�S NeW York for sale and/or the 7036 and t• ��l thron h osed c p�O5C or his pro_ 751 throu h 753. , P anvassing or solicitation, �SE�RABILITy " j � H•The lengtli of�e for which the � � anY clause, sentence, ' S � license is reqwred and registration is to Section,or part of this.Loca1 Law hall I ' �� be effective, be ad�udged b I.Details of any arrests or conv�ctions Jurisdiction o Y aIlY cour[of competent i " ��for misdemeanors and crimes,includin Shall not aff ct helvalida'the judgment �the nature of the offense for which aig a WbOle or an �3'°f th�s law as �� i rested or convicted, the part so dec ded to be unconstitu ion- f t�on and the place where aala Con�°Ct�on -al or invalid, ,,, was had. , i�; EFFECTI�DATE � J.To said application - T�s Local Law shall take effect im_ I r . thereof,there shall be attac ed a letter ' part mediately upon�]�b With the Secretary ,1 � p ��lht.�firm or cor oratiott for tyhi�h °f State as pro�nded b - aPpLcant's business,it shall Dated: May 31,2016 y la�v � �' of�a uced by the applicant, • �e BY��ER OF T � 52�15 nshail be subm�tted bth tIie apY �F�T�WN�F�DUBOARD �+ � [Added 6- THOLD , � 30-2015`Y L.L.No. abeth A.Neville � � �, N Where a erson 12g23-1T F/g SoutholdTown Clerk ; enLsts•the as- - - - =_1 J - , , , � , , � ____� �- _ �_� � �� _ r--__ '_ -_ - _ -' . ,, � 2.5'x15.4'steps up to 2.6'x14.2'steps up in relation to Amendments to Cha�ter sistance of another person whether as - -- - � to 2.5'x2.5' landing are to be replaced 197. Peddlers, Solicitors and Transient an em�lovee, a�ent, or contractor, to W , ! with 3'xl�4' steps to 3'xl4 2' steps to Retail b4erchants". • peddle. solicit, or operate a transient p 3'x3'landmg;existing 3'x8.5'steps up to BE IT ENACTED by the Town retail business, all a�plicable personal � '- 8 5'x3.2'landmg up to 3'x15'steps up to Board of the Town of Southold as fol- infoimation specified above shall be re- 1 3'x4'landing up to 3'x9'steps up to an lows: auired to be,�iven for each person,and — - on-grade 4'x54' handicap wood walk- I.Purpose. \ , an mdividual license shall be required C 1' way and 4'x6.2'walkway connect�on to The purpose of these amendments is and-issued to everv such person..No h- Z 1 access steps to beach; for the exisring to requue that,pnor to the issuance of a cense issuecl under this article shall be ^' y 4'x7.7'wood steps tvrth 8'long retaining license,the criminal histones of all ped- transferable from one person to another. =° � wall in lawn;and that all existmg steps or dlers and solicitors,and those that assist §197-7.Investigation of a�plicant. o 3 landings that are less than 3'wide to be them,be fuJly vetted Uy the New York • A.Each appLcation shall be referred � I � reconstructed 3'in width. Located:4565 State Drvision of Criminal Jushce Ser- to the Pol�ce Depaztment,which shall,, _ Nassau Pomt Road,Southold. SCTM# vices and the Police Department so as to without delay, mstitute such investiga- � E 1000-111-9-8 ` protect the health,satety,and welfare of tion of the appLcanYs business and �„� � �t 13.WILLIAM&JILL HANSEN re- the community. moral character as it deems necessary C � l� quests a Wetiand Permit to construct a II. Chapter 197 of the Code of the for the protection of the public good aud O j � 4'x33'f'rxed catwalk w�th steps elevated Town of Southold is hereUy amended as complete the same within a reasonable � � 4-'fz'aUove grade usmg open-grate deck- follows: time.'�'-'�------'--"'--��-�--�'-•--'�'"- �� 1 ing;and insta(I an elevated 4'x6' lower §197-6.Application for license. � platform with ladder to access water- Any person desuing a license under . m � craft. Located: 1455 Qle Jule Lane & this chapter shall first register with the - �+ , , �l 1570 Ole Jule Lane 10'Wide Right of Town Clerk of theTown of Soudiold and � �, Way, Mattituck. SC'TM# 1000-122-5-1 shall file with said Town Clerk an appli- in-ekRrge � � (Dominant)&1000-122-4-3(Servient) cahon,in wnting,containing the follow- B.The Police Chief,or his designee, � � 74. SUSAN A.GHETI'I requests a mg information: shall cause the fingernrints of any anpit- � ,t Wetland Permit to replace existing dam- A The name of the applicant. _ cant for a peddling or solicihn h� cense, i � aged bulkhead by removing and con- B. The applicants permanent home "and any aonlicable fee�ayable by the , d' structing m-place a new 58 linear foot residence. - a�licant,to Ue forwarded to the Divi- � � bulkhead using vinyl sheatlung wiih an '� C.The name,address and telephone sion of Criminal Justice Services(DCJS� � , 8 linear foot long return installed at each number of the person from whom goods m the form and manner as prescribed end; reconstruct 4'x4' steps to beach; making the stock,if any,were or are to �DCJS for a complete crimmal back- ' 1 install approximately 40 cubic yards of be purchased. ground and invesheation. , 5 clean sand fill landward of pr�posed D. Three bona fide business refer- .C The Pohce Chief.or his designee � � bulkhead;and with all work to be ac- ences ' o� shall rev�ew the criminal history record cessed by land with no disturbance to E.The place or places of residence of information disseminated by DCJS in , a the wetlands. Located:625 Windy Point the applicant for the previous preceding connection with the ap�licanYs criminal �' Lane,Southold. SCTM#1000-87-4-8 three years. background and Investi�atron. ; ,t ALL PERSONS INTERESTED F.Two recent photographs of the ap- D. In makin� the determination of e IN SAID MAT`I'ERS SHOULD AP- plicant,approximately 2 1/2 inches by 2 the applicant's fitness for the requested � PEAR AT THE TIME AND PLACE 1/2 inches in size. license.the Police Chief,or his designee� . I ABOVE SPECIFIED AND WILL [Amended 6-30-2015 by L.L. No. shall give due consideration to the in-; a BE GIVEN AN OPPORT'UNITY TO 5-2015] formahon provided by DCJS.New York� i' BE HEARD. APPLICATIONS MAY G.A descriphon of the goods,wares State Correction Law §� 701 through, + i IBE REVIEWED AND COMMENTS or merchandise to be sold and offered 703b and�S 751 ihrou h� 753• � � MAY BE SUBMITTED IN WRITING for sale and/or the purpose of his pro- III.SEVERABILTI'Y � ! if UP TO 24 HOURS PRIOR TO THE posed canvassing or sohcitation. If any clause, sentence, paragraph,j , I i, HEARING. - H.The length of time for which the section,or part of this Local i,aw shall � Dated:June 2,2016 license is required and registration is to be ad�udged by any court of competent � �i John M.Bredemeyer III, be effective. jurisdiction to be invalid,the judgment � �r President _ I.Details of any arrests or convictions shall not affect the validity of this law as , r Board of Town Trustees for misdemeanors and crimes,inchiding a whole or any part thereof other than - �, �d By. Elizabeth A.Cantrell the nature of the•offense for which ar- the part so decided to be unconstitution- h12822-1T 6l9 rested or convicted,the da[e of convic- al or invalid. - � LEGAL NOTICE " -tion and the place where said conviction IV. EFFEC'PIVE DATE --� NOTICE OF PUBLIC HEARING was had. Ttus Local Law shall take effect im- � �. NOTICE IS HEREBY GIVEN that J.To said application and as a part mediately upon filing with the Secretary �. there has been presented to the Town thereof,there shall be attached a letter of State as provided by la�v. ; � Board of the Town of Sonthold,Suffolk from the firm or corporahon for which Dated: May 31,2016 . _i �- County,New York,on the 17th day of the applicant works,authori�ing the ap- BY ORDER OFTHETOWN BOARD f a May,2016,a Local Law entitled"A Lo- phcant to act as its representahve. OFTHETOWN OF SOUTHOLD '� a �cal Law in relation to Amendments to K.A statement by a reputable physt- Elizabeth A.Neville � E- Chapter 197; Peddlers. SoGcitors and cian,dated not more than 10 days prior Southold Town Clerk � e 'h�ansient Retail Merchants"and to tlte submission of the applicahon,cer- 12823-1T 6/9 r NOTICE IS HEREBY FURTHER Gfying the apphcant to be free of conta- LEGAL N01TGE • - j 'd GIVEN that the Town Board of the� gious infections or contagious diseases. Cutchogue New Suffolk Free Library 1 )' Town of Southold will hold a public L.An authorization certification from Board of Trustees will hold tkieir ne� � k hearing on the aforesaid Local Law at- the New York Sales Tax Bureau. meeting on Monday, June 13, 2016 at � ,e the Southold To�w Ha(1, 53095 Main M.In the event that any other license 7.00 pm at the Cutchogue New Suffolk e, Road, Southold,New York, on the 14 or permit shall be required by any other Free Library, 27550 Mam Road, Cu- � Iday of J�2016 at 4:32 p.m,aY wh�ch governmental agency� in connectron� tchogue, NY. The followmg meering � � tune all mterested persons wil]be given with the applicanYs business,it shall be �vill be held Monday,July 11,2016. ` d an opportunity to be heard. produced by the applicant,and a copy- � - By order of the ' , g The proposed Locai Law entitled,"A of same shall be submitted with the ap- Cutchogue New Suffolk Free Library, ? �s Local Law in relation to Amendments pltcation [Added 6-30-2015 by L.L.No. - Board of Trustees. '- � h to Chapter 197,Peddlers,SoGcitors and 5-2015] -Anne Howard,President. n Transient Retail Merchants" reads as •N. Where a �erson enhsts the as- 12824-1T 6/9 - , 3- follows: ° � �o LOCAL LAW NO. 2016 � � . , � � � ig A Local I.aw entided,°°A Local Law � �' � ) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELI7ABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 3rd day of June , 2016, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Local Law Public Hearing - Peddlers lizabeth A. Neville outhold Town Clerk Sworn before me this 3r`� day of June , 2016. l..,�� otary Public LYNDA M. RUDDER Notary.�o.01 RU6020�32W York Qualified in Suffolk County Commission Expires March S,20� LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREI3Y GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17`h day of May, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 197, 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 14 day of June, 2016 at 4:32 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 Chauter 197, Peddlers, Solicitors and Transient Retail Merchants" reads as follows: LOCAL LAW NO. 2016 A Local Law entit�ed, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these amendments is to require that, prior to the issuance of a license, the criminal histories of all peddlers and solicitors, and those that assist them, be fully vetted by the � New York State Division of Criminal Justice Services and the Police Department so as to protect the health, safety, and welfare of the community. II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: - § 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 applicants permanent home residence. C. The name, address and telephone number of the person from whom goods making 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 previous preceding three years. F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size. [Amended 6-30-2015 by L.L. No. 5-2015] 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 registration is to be effective. I. 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. 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. 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. L. An authorization certification from the New York Sales Tax Bureau. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. [Added 6-30-2015 by L.L. No. 5-2015] N. Where a person enlists the assistance of another person whether as an emplo� agent or contractor to peddle solicit, or operate a transient retail business, all applicable personal information specified above shall be required to be �iven for each person and an individual license shall be required and issued to every such person. No license issued under this article shall be transferable from one person to another. § 197-7. Investi�ation of apnlicant. A. �ach application shall be referred to the Police Department, which 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. '`T '' ��" � a • �+;' +�,o � �':��+;�� "�" �,�.,o ��e�-a��er�c-�l--by-t-��-�c-�Be�� .,� -r�,o ., ,.,� „ o,.�:,,,, ��,�i i �-,� �....7� ...] .. +L,� ...1: .�t:.� l-.<. �L.o (`b.:oF�f A�l� ��nor in nl..�« o B. The Police Chief or his designee, shall cause the fin�erprints of any applicant for a peddling or solicitin� license, and an�pplicable fee pa a� t�pplicant, to be forwarded to the Division of Criminal Justice Services (DCJS) in the form and manner as prescribed by DCJS for a complete criminal back�round and investi ation. C. The Police Chief, or his designee shall review the criminal historv record information disseminated by DCJS in connection with the applicant's criminal background and Investi atg ion• D. In makin� the determination of the applicant's fitness for the requested license, the Police Chief, or his desi�nee shall give due consideration to the information provided bv DCJS, New York State Correction Law §§ 701 throu�h 703b and §§ 751 throu hg 753• III. S�VERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any couri 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: May 31, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk * * * Please publish on June 9, 2016 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Southold Town Board - Letter Board Meeting of May 31, 2016 ��SU"�`��e, RESOLUTION 2016-577 Item # 5.43 � ��aM°%�7a°'�'� ADOPTED DOC ID: 12007 �.. THIS IS TO CEIZTIFY THAT THE FOL�OWTNG RESOLUTION NO. 2016-577 WAS ADOPTED AT THE ll2EGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 31, 2016: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 17th day of May, 2016, a Local Law entitled "A Local Law in relat'ron to Amendments to Chapter 197, Peddlers, Solicitors and 7'ransiemt 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 14 day of June, 2016 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "�. Local Law in relation to Amendrnents to Chapter 197, Peddlers, Solicitoa-s and Transient Retail Merchants" reads as follows: LOCAL LAW 1�10. 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these amendments is to require that, prior to the issuance of a license, the criminal histories of all peddlers and solicitors, and those that assist them, be fully vetted by the New York State Division of Criminal Justice Services and the Police Department so as to protect the health, safety, and welfare of the community. II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: � 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. "I'he applicants permanent home residence. ' C. The name, address and telephone number of the person from whom goods making the Generated June 2, 2016 Page 56 Southold Town Board - Letter Board Meeting of May 31, 2016 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 previous preceding three years. F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size. [Amended 6-30-2015 by L.L. No. 5-2015] 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 registration is to be effective. I. 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. 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. 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 coniagious diseases. L. An authorization certification from the New York Sales Tax Bureau. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. [Added 6-30-2015 by L.L. No. 5-2015] N. Where a person enlists the assistance of another person whether as an emplo� a�ent or contractor to peddle, solicit, or operate a transient retail business, all applicable personal information specified above shall be required to be �iven for each person and an individual license shall be required and issued to every such person. No license issued under this article shall be transferable from one person to another. § 197-7. Investi�ation of applicant. A. Each application shall be referred to the Police Department, which 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. '`T '• �'�^�"�� ; �'' , -�+:' +�� ^ "';^"+;^" "'"'" �„"`� ae��e��t�3�gekc-�B��t�e�r+ -r�,� ., ,.,� „ o,.+;�„ ��,�ii �,a �a,. ,.a +�.„ ri; „*; �...+t,� r��,;o�„fn„i; „f�;,. ,.�,� B. The Police Chief, or his desi�nee, shall cause the fingerprints of an�pplicant for �eddling or solicitin� license, and any�plicable fee pa a��ble b ty he applicant, to be forwarded to the Division of Criminal Justice Services (DCJS) in the form and manner as prescribed by DCJS for a complete criminal background and invesii ation. C. The Police Chief, or his designee shall review the criminal history record information disseminated by DCJS in connection with the applicant's criminal background and Investi ation. Generated June 2, 2016 Page 57 . ' Southold Town Board - Letter Board Meeting of May 31, 2016 D In makin�the determination of the applicant's fitness for the requested license, the Police Chief or his desi�nee shall �ive due consideration to the information provided by DCJS, New York State Correction Law �� 701 throu�h 703b and §§ 751 through 753. III. SEVERABILTTY 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 I)ATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. �� lizabeth A. Irieville Southold 'I'own Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated June 2, 2016 Page 58 Rudder, Lynda From: Rudder, Lynda Sent: Monday,June 06, 2016 10:03 AM To: Cushman, John; legals@timesreview.com; Lisa Finn; Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio, James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda, Russell, Scott, Standish, Lauren;Tomaszewski, Michelle; William Ruland; Duffy, Bill; Kiely, Stephen; Silleck, Mary Subject: Peddlers for publication Attachments: Peddlers.docx Please publish in the 6/9 edition of the Suffolk Times and the Town website,thank you. � 1 vo Div�sion o�'Criminal svaT� Just[c��erveces Request for Access to Criminal History Record Information Access to criminal history record information maintained by the New York State Division of Criminal Justice Services (DCJS)for employment or licensing is permitted only if there is a state law, federal law, or local law of a New York State village, town, city or county that specifically authorizes a fingerprint-based c�iminal history record background check. Requesting Agency: Contact Name: Address: Phone Number: E-mail Address: 1. Nature of request (please check all that apply): ❑ Fingerprint submission for background check of applicants for employment/licensing ❑ Legal review of proposed local law to determine whether it is sufficient to allow access to criminal history . _ ❑ Access to criminal history through the eJusticeNY Integrated Justice Portal ❑ Limited Peace Officer access. Peace officers may access wanted and missing information maintained by DCJS for the purpose of making inquiries; and,with the permission of the State Police, also may access Department of Motor Vehicle non-photo license and registration information. In order to apply for this access, entities or agencies that employ peace officers must�provide: The ordinance or statute that created the agency or entity; The ordinance or statute that authorizes the agency/entity's peace officers to have arrest - powers; and A statement on agency/entity letterhead, signed by an authorized official, indicating the agency/entity is a criminal justice agency as defined in 28 Code of Federal Rules (CFR) Section 20.3 (g) (2); and verifying that more than 50 percent of the peace officers'time is devoted to the administration of criminal justice as defined in 28 CFR Section 20.3 (b). � 2. State or local statute or federal statute or federal regulation authorizing criminal history access (please describe and attach law or regulation): 3. Is access to federal criminal history record information maintained by the Federal Bureau of Investigation (FBI) requested? Please note that this is not applicable to local laws. ❑ Yes ❑ No If yes, please describe and attach a copy of the state statute or federal statute or federal regulation authorizing access to federal criminal history record information maintained by the FBI. ' t . Please note: Local governments should follow the guidelines below in drafting a local law that will be sufficient to allow the agency to submit non-criminal applicant fingerprint inquiries to DCJS. A local law must contain: - • The specific license type/job title for which fingerprinting is required; • A provision stating that fingerprints and any applicable fees must be submitted to DCJS in the form and manner prescribed by DCJS; • The municipal agency and the title of the staff that will be responsible for reviewing the criminal history record information; and • A provision stating that if a prospective applicant has been convicted of a crime, any decision regarding such prospective applicant's fitness for a license must be made upon � consideration of New York State Correetion Law§§701-703-b and §§751-753. , Correction Law§§701-703-b provides for certificates of relief from disability and certificates of good conduct, and §§751-753 sets forth New York's public policy to encourage the licensure and employment of persons previously convicted of one or � more criminal offenses and factors that should be considered in making hiring determinations. Proof of filing of such local law with the New York Department of State must also be submitted along with request for consideration of local law. If an agency or entity seeks a review a local law prior to enactment by a local government, this proof of filing requirement does not apply. Please direct any questions about these requirements to the DCJS Office of Legal Services at dcisleqalservices�dcis.nv.qov or(518)457-8413.