[HISTORY: Adopted by the Town of Windsor Locks 3-22-1990. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, whether a resident of the Town or not, taking
or attempting to take orders from anyone on the premises of a house,
apartment, trailer or other place of residence for sale of goods,
wares, merchandise, including articles of food, or personal property
of any nature whatsoever for future delivery, or for services to be
performed in the future, whether or not such individual shall carry
or expose for sale a sample of the subject of such sale, or whether
he is collecting advance payment on such sales or not.
Any person, whether principal or agent, who goes from town
to town or from place to place in the same town selling or bartering,
or carrying for sale or barter or exposing therefor, any goods, wares,
merchandise, including articles of food, either on foot or from any
vehicle or animal.
Any person, whether principal or agent, who engages in a
temporary or transient business in this state, either in one locality
or in traveling from place to place, selling goods, wares, merchandise,
temporary or transient business, meaning and including any exhibition
and sale of goods, wares or merchandise which is carried on in any
tent, booth, building or other structure, unless such place is open
for business during usual business hours at least nine months in each
year.
Any person who shall sell or expose for sale, or solicit
orders for any articles of food or any goods, wares, materials, merchandise
or services, or solicit for any contracts within the Town to or from
anyone on the premises of a house, apartment, trailer or other place
of residence, and shall include canvassers, solicitors, hawkers, peddlers
and itinerant vendors.
[Amended 6-18-1992]
No peddler, hawker, solicitor, canvasser, itinerant vendor, or salesman, except as provided in § 263-15, shall engage in such business within the Town limits without first obtaining identifying credentials therefor in compliance with this chapter.
Applicants for credentials under this chapter must file with
the Chief of Police a sworn application in writing, in duplicate,
on a form to be furnished by the Chief of Police, which shall give
the following information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant.
C.
A detailed description of the nature of the business and the goods
to be sold.
D.
If employed, the name and address of the employer.
E.
The length of time for which the applicant wishes to engage in the
business.
F.
The place where the property proposed to be sold, or orders taken
for the sale thereof, are manufactured or produced.
G.
Where such goods or products are located at the time such application
is filed, and the proposed method of delivery.
H.
The make, model or registration number of the motor vehicle, if any,
to be used.
I.
Whether, when, where and on what charges he has ever been arrested,
together with the disposition of such charges.
J.
Whether, when, where, in what court and by whom he or any present
or former employer, principal or contract associate has ever been
sued in a civil action alleging fraud or misrepresentation in connection
with, or as a result of, the registrant's activities in soliciting
for any contract or in selling, exposing or offering for sale or soliciting
orders for any articles of food or any goods, wares, materials, merchandise
or services.
K.
If a peddler, the exact location where the vehicle, carton, or box
will be located; except no peddler shall locate in a residential zone
unless the applicant does not intend to remain stationary for the
purpose of soliciting business.
L.
When applicable, Connecticut sales tax number, food service license
number, or charitable funds solicitation registration number.
A.
At the time of filing the original application, a fee shall be charged
and collected by the Chief of Police as set by him. At the time of
filing to renew an application, a fee shall be charged and collected
by the Chief of Police as set by him.
B.
The fee shall be waived for charitable, political, religious and
government organizations and their representatives, including public
service organizations engaged in soliciting for charitable projects.
C.
The Chief of Police may waive, at his discretion, any fee from any
organization covered by this chapter.
A.
Upon receipt of the application, the Chief of Police shall cause to be undertaken and completed within a period of two weeks such investigation of the applicant's business and moral character, and of the statements made in the application, as well as, in the case of peddlers as described in § 263-3K, the proposed location, which for stationary peddlers shall not be in a residential zone, as he deems necessary for the public good. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse his disapproval on the application and the reasons for the same, and notify the applicant thereof. In the case of a peddler, as described in § 263-3K, if it is determined that the location will result in a traffic hazard, or in the case of a stationary peddler is in a residential zone, then as Chief Traffic Officer, the Chief of Police shall endorse his disapproval on the application, specifying the exact nature of the traffic hazard or that it is in a residential zone, and notify the applicant thereof.
B.
If, for any reason, the Chief of Police should fail to carry out
and complete such investigation within a two-week period, the applicant
may demand and be issued temporary credentials, which credentials
may be revoked or made permanent depending on the results of the investigation.
C.
The Chief of Police or his designee is hereby authorized by this
chapter to investigate the applicant by any electronic means necessary,
including, but not limited to, local, state and federal criminal and
motor vehicle databases. Such electronic investigations shall be conducted
within the confines of Police Department, COLLECT and NCIC policy
in addition to state and federal laws concerning such use. The Police
Department shall amend its policy or, in the absence of one, establish
a policy and protocols within 60 days of the acceptance of the amended
ordinance.
[Added 6-19-2007]
A.
If, as a result of such investigation, the character, business responsibility, and in the case of a peddler described in § 263-3K, the proposed application, of the applicant are found to be satisfactory, the Chief of Police shall endorse his approval on the application and deliver to the applicant credentials which shall show the name and address of the licensee, the kind of goods to be sold thereunder, the manner of sale, the date of issuance, and in the case of a peddler described in § 263-3K, the location, and the length of time the credentials shall be operative.
B.
Before the credentials are delivered to the applicant, the applicant
shall be photographed. Such photograph shall be two inches by two
inches and shall show the face and shoulders of such applicant. Such
photograph shall be affixed to the credentials. The applicant shall
supply two photographs.
A.
The fee for issuance of credentials shall be set by the Chief of
Police.
B.
The fee shall be waived for charitable, political, religious and
government organizations and their representatives, including public
service organizations engaged in soliciting for charitable projects.
C.
The Chief of Police may waive, at his discretion, any fee from any
organization covered by this chapter.
It shall be the duty of any police officer of the Town to request any person seen engaging in any of the activities prescribed in § 263-2 and who is not known by such officer to have proper credentials. Such officer shall enforce the provisions of this chapter against any person found to be violating the same. Peddlers, hawkers, solicitors, canvassers and salesmen shall exhibit their credentials at the request of any citizen.
A.
Credentials issued under this chapter may be revoked by the Chief
of Police, after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for credentials.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler, hawker, solicitor, canvasser
or salesman.
(3)
Any violation of this chapter.
(4)
Conviction of any felony or misdemeanor.
B.
Notice of hearing for revocation of credentials shall be given in
writing, setting forth specifically the grounds of complaint. Such
notice shall be mailed by certified mail to the last known address
of the holder at least five days prior to the date set for hearing.
Each person to whom credentials have been issued shall, while
engaged in the Town in the activities for which he has credentials:
A.
Conduct himself at all times in a quiet, orderly, and lawful manner.
B.
Enter within any home only upon being expressly invited to do so
by the occupant thereof.
C.
Leave any premises immediately upon the request of any occupant of
the same.
D.
Deliver as agreed or represented, and within a reasonable time, all food, goods, wares, merchandise and materials and perform in like manner all services for which he has been paid in whole or in part, except as provided in Subsection E.
E.
Refund promptly any payment made to him if he shall find that it is not reasonably possible for him to comply with Subsection D, unless the refund shall be refused by the other party.
F.
Give a written and signed receipt for all payments in excess of $2
received by him, stating the amount of the payment, a description
of the food, goods, wares, merchandise, materials and/or services
or contracts in connection with which said payment was made, the total
of all charges made or to be made in connection with the same and
when and in what amounts any additional payments are to be made.
H.
Solicit, sell, hawk, canvass, or peddle only during the hours of
8:00 a.m. to 9:00 p.m., unless permission is granted by the Chief
of Police, in writing. Door-to-door solicitations must cease on or
before 4:00 p.m.
[Amended 6-18-1992]
No peddler, hawker, canvasser, solicitor, itinerant vendor,
or salesman shall enter onto any premises or otherwise disturb the
inhabitants of such premises if a sign stating "No Peddlers," "No
Soliciting" or a similar type of sign is conspicuously placed on the
premises.
No person licensed as a peddler who shall utilize a vehicle,
carton or box for the display of his product shall cause such vehicle,
carton or box to be located within 250 feet of any store, shop or
mercantile establishment located in the Town, which store, shop or
mercantile establishment shall have as part of its stock, goods, wares,
merchandise, provisions or articles of food similar in nature to the
products sold by said peddler.
The Chief of Police shall keep records of all credentials issued
under the provisions of this chapter in a book or file kept for that
purpose. The records shall contain, as to each holder of credentials,
all application forms signed by him with a notation on each as to
whether credentials were issued or refused as a result of its being
filed, the date of issuance or refusal, the reason for refusal, or
the fee paid as the case may be, a summary of each complaint concerning
the activities of the holder, and the date of any revocation of credentials
granted pursuant to any application filed by him, together with the
statement of the reasons therefor. The Chief of Police shall keep
an account of all receipts for applications and shall turn such fees
over to the Town Treasurer.
The provisions of this chapter shall not apply to:
A.
Persons selling only to stores, institutions, business, industrial,
commercial establishments, and municipal agencies.
B.
Persons canvassing, soliciting or selling exclusively by telephone.
C.
Persons delivering food, groceries, fuel oil, milk, newspapers and
other goods or supplies which have been ordered or contracted for.
D.
Persons selling at functions sponsored by a charitable, political,
religious, government organizations and their representatives, including
public service organizations engaged in soliciting for charitable
projects, provided the organization itself makes application through
its duly authorized representative for credentials for the organization,
as a whole, provided that organization charges that individual a fee
for the right to sell or represent that organization in the function
even if the individual profits.
[Amended 8-8-1991]
E.
Persons selling arts and crafts at functions sponsored by a nonprofit
corporation, provided that the authorized representative of the nonprofit
corporation provides a list of those selling arts and crafts at the
event.
F.
Sales by farmers and gardeners of the produce of their farms and
gardens (C.G.S. § 21-37).
G.
Individuals making home visits upon invitation of the homeowner.
H.
A veteran who served in time of war (C.G.S. § 21-30).
I.
Persons exempted by the statutes and laws of the state, or persons
in possession of valid licenses issued by the state covering the activities
which would otherwise be regulated by this chapter.
