Legal Opinion

Informal Opinion No.

New York Attorney General Reports

Decided January 9, 1987Published

1Opinion of the Court

Stephen L. Oppenheim, Esq. Village Attorney, Monticello

This responds to your request for an Attorney General's opinion as to whether a local law prohibiting certain outdoor sales may be enforced on a veteran who holds a peddler's license from the county pursuant to General Business Law, § 32, if that veteran is selling goods from a truck or van.*

Section 35 of the General Business Law provides that:

"[t]his article shall not affect the application of any ordinance, by-law or regulation of a municipal corporation relating to hawkers and peddlers within the limits of such corporations, but the…

2Cases cited3 opinions

  1. Good Humor Corp. v. City of New YorkNew York Court of Appeals · 1943
  2. City of Buffalo v. LinsmanAppellate Division of the Supreme Court of the State of New York · 1906
  3. People v. AderMount Vernon City Court · 1982

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