PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Smithtown met at the Town of Smithtown Town Hall, Patrick R. Vecchio Building, Victor T. Liss Board Room, 99 West Main Street, Smithtown, New York on Tuesday, September 4, 2018 at 2:00 p.m. time then in effect and duly adopted proposed amendments to Chapter 215 of the Code of the Town of Smithtown entitled "Peddling and Soliciting" for which a public hearing was held on August 14, 2018 and pursuant to a SEQRA letter dated August 27, 2018, and the recommendation of the Town Attorney:
Chapter 215. Peddling and Soliciting
Additions indicated by underlines.
Deletions indicated by strikeouts.
Chapter 215. Peddling and Soliciting
Article I. Peddlers
§215-4. Application for license; fee.
To procure a license required under §215-3, or any renewal thereof, a verified application shall be made to the Department of Public Safety setting forth the following information:
H. The applicant shall furnish the Department of Public Safety with a full set of the applicant’s fingerprints.
(1) The applicant shall be charged a fee of $140, which fee shall include the cost of a full search and retain from the Division of Criminal Justice Service. Said fee shall be collected by the Town of Smithtown.
(2) The Department of Public Safety shall take the applicant’s fingerprints and forward said prints to the Division of Criminal Justice Service for a complete criminal background and investigation.
(3) The Director of the Department of Public Safety shall review all information provided by the Division of Criminal Justice Service in connection with the applicant’s criminal background and investigation.
§215-7. Fees.
A. For each person proposing to peddle, whether on foot or from a licensed vehicle: $50 $25.
B. For each commercial or suburban vehicle: $125 $25.
C. The annual fee herein provided for shall be assessed on a calendar-year basis, and all licenses shall expire on the 31st day of December immediately following the date of issuance. There shall be no reduction in fees for fractional parts of the year.
§215-8. License plates.
For each vehicle licensed under this Article, the Town Clerk shall issue a metal or plastic license plate card which shall bear the word “peddler,” the number of the license and the calendar year for which such license is issued, in figures plainly discernible. Said license plate card shall be attached to the rear of displayed in each vehicle in a conspicuous place and shall be kept clear and readable at all times.
§215-12. Prohibitions.
A. It shall be unlawful for any person to enter upon private or public property for the purpose of peddling before the hour of 10:00 8:00 a.m. of any day or after the hour of 8:00 p.m. of sundown any day, except upon the invitation of the householder or occupant.
D. It shall be unlawful for any peddler, or any person on his behalf, to enter upon property whereon there is any sign stating “No Peddlers,” “No Solicitors,” “No Agents,” or any other such wording, indicating that peddling, soliciting or canvassing is prohibited on the premises.
Article II. Solicitors and Canvassers
§215-20. Application for license; fees.
H. The applicant shall furnish the Department of Public Safety with a full set of the applicant’s fingerprints.
(1) The applicant shall be charged a fee of $140, which fee shall include the cost for a full search and retain from the Division of Criminal Justice Service. Said fee shall be collected by the Town of Smithtown.
(2) The Department of Public Safety shall take the applicant’s fingerprints and forward said prints to the Division of Criminal Justice Service for a complete criminal background and investigation upon receipt of the appropriate fee.
(3) The Director of the Department of Public Safety shall review all information provided by the Division of Criminal Justice Service in connection with the applicant’s criminal background and investigation.
§215-21. Issuance of or refusal to issue license; appeals.
A. All applications and documentation shall be submitted to the Department of Public Safety for review. Upon receipt of any such application and documentation, the Department of Public Safety shall review same and shall verify the truth and accuracy of said application and documentation. The Department of Public Safety, in order to establish the truth and accuracy of the information contained in the application, may request any information pertinent to the processing of said application and may, as necessary, request any additional information during the application process and for the entire term of said permit. If the Department of Public Safety cannot confirm the truth or accuracy of said material contained in the application; or if it determines that a material misrepresentation is contained therein; or if the applicant shall have been convicted of a misdemeanor or felony which is determined to render the applicant unfit to carry on the aforesaid operation; provided, however, that proper consideration is given to New York State Correction Law §§701 through 703-b and §§751 through 753 in making any such determination; or if it determines that applicant to be unfit or incapable of properly conducting the aforesaid operation, it shall issue a report to the Town Clerk, who shall deny said application. The Town Clerk shall notify the applicant within 30 days after receipt of a completed application as to whether the application shall be approved or denied. If the application is denied and the applicant has been operating within the Town prior to the denial, then the applicant shall discontinue all operations within the Town of Smithtown within 15 days of such notification. An applicant who is denied a permit hereunder may request a review by the Town Board, which shall, upon such request, review the basis for such denial and shall determine whether such denial shall be affirmed.
§215-23. Surety bond.
Every applicant not a resident of the Town of Smithtown, or who being a resident of the Town of Smithtown represents a firm whose principal place of business is located outside the State of New York, shall file with the Town Clerk a surety bond, running to the Town in the amount of $1,000., with surety acceptable to and approved by the Supervisor, conditioned that said applicant shall comply fully with all the provisions of the ordinances of the Town of Smithtown and the statutes of the State of New York regulating and concerning the business of solicitor and/or canvasser and guaranteeing to any citizen of the Town of Smithtown that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor and/or canvasser and further guaranteeing to any citizen of the Town of Smithtown doing business with said solicitor and/or canvasser that the property purchased will be delivered according to the representation of said solicitor and/or canvasser. Action on such bond may be brought in the name of the Town to the use or benefit of the aggrieved person.
§215-25. Hour restrictions Prohibitions.
A. No solicitor and/or canvasser shall enter upon private or public property for the purpose of soliciting and/or canvassing before the hour of 10:00 8:00 a.m. or after the hour of 8:00 p.m. of sundown any day, except upon the express invitation of the householder or occupant.
B. It shall be unlawful for any solicitor or canvasser, or any person on his behalf, to enter upon property whereon there is any sign stating “No Peddlers,” “No Solicitors,” “No Agents,” or any other such wording, indicating that peddling, soliciting or canvassing is prohibited on the premises.
Dated: September 4, 2018
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SMITHTOWN
VINCENT PULEO
TOWN CLERK