The East Hampton Town Board, noting the prevalence of online transactions for the provision of services and mindful of what some members have called a creeping commercialization of the town’s beaches, is likely to amend the town code pertaining to peddling ahead of the 2022 summer season.
The discussion on Tuesday was an outgrowth of recent deliberations about tightening regulations for the issuance of special event permits.
Peddling is not allowed on the town’s beaches, David McMaster, an assistant town attorney, told the board, but “there has been a perceived loophole in the law about certain activities and whether or not they constitute peddling.”
He read proposed language to be added to the chapter pertaining to peddling, which he said was drafted at the request of Marine Patrol officers and intended to clarify the existing definition of “peddler.” This would include “any person who solicits orders, processes transactions, or otherwise conducts business on the internet or via mobile app as a separate design to evade the provisions of this local law.”
The proposed language to be added also defines a peddler as “a person who charges a fee for the delivery or installation of beach chairs or umbrellas at a town beach,” who charges a fee “for the provision of beach fires services, including but not limited to the building and/or maintenance of beach fires,” or who “rents watersport equipment, including but not limited to: kayaks, paddleboards, surfboards, and wind-surfers.”
Another proposed addition adds explicit authorization for any enforcement agency issuing a violation “to seize the instrumentality of peddling to be used as evidence in Justice Court prosecution,” Mr. McMaster said. “I think that adds an additional layer of potential deterrence that our Marine Patrol officers have requested.”
Councilwoman Kathee Burke-Gonzalez noted that Hampton Beach Service, which advertises on its website services including the provision of beach fires, beach chairs and umbrellas, and a “luxury fire with dinner,” pleaded guilty to 36 counts of holding events without a special event permit, each a misdemeanor, earlier this month. It was fined $250 for each instance, she said, for a total of $9,000.
The proposed code change would not affect existing concession agreements at the road ends of many of the town’s ocean and bay beaches.
With summer approaching, the board was anxious to revisit the issue at its next work session and publish a notice for a public hearing on the proposed code change later in April.
