[HISTORY: Adopted by the Town Meeting of the Town of Middlefield 10-4-1965 (Ch. 9, Art.
II, of the 1990 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated in this section:
Any person who shall go from house to house in the Town selling
or bartering, or carrying for sale or barter, or exposing there for,
any goods, wares or merchandise, either on foot or from any animal
or vehicle.
Any person traveling by foot, animal or vehicle from house
to house in the Town, or by means of telephone, taking or attempting
to take orders for the sale of goods, wares or merchandise for future
delivery or for services to be performed in the future, whether or
not such solicited sales are by sample and whether or not deposits
or advance payments are collected.
Any person soliciting or peddling within the Town, whether or
not required to register under the provisions of this chapter, shall
conform to the following regulations:
A.Â
The solicitor or peddler shall conduct himself at all times in an
orderly and lawful manner;
B.Â
The solicitor or peddler shall give a written receipt for all orders
taken within the Town, which receipt shall be signed by the solicitor
or peddler and shall set forth a brief description of the goods, wares
or merchandise ordered, the total purchase price thereof, and the
amount of the down payment received by the solicitor or peddler from
the purchaser, if any;
C.Â
No peddler or solicitor shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location,
nor shall he be permitted to operate in any congested area where his
operation might impede or inconvenience the public;
D.Â
It shall be the duty of any police officer of the Town to require
any person seen peddling or soliciting and who is not known by such
officer to be duly licensed to produce his peddler's or solicitor's
license and to enforce the provisions of this chapter against any
person found to be violating the same.
A.Â
This chapter shall not apply to salesmen selling goods to retail
or wholesale stores for resale. Any person who has, and has had for
the preceding 12 months, a regular place of business within the Town,
and any person employed by and soliciting for any person that has,
and has had for the preceding 12 months, a regular place of business
within the Town, shall not be required to register before soliciting
orders, but all other provisions of this chapter shall apply to such
persons.
B.Â
Charitable, philanthropic, ecclesiastical and civic organizations
shall be exempt from the provisions of this chapter, provided that
each person before peddling or soliciting on behalf of the same shall
register with the First Selectman the name and address of the organization,
the name and address of the persons intending to peddle or solicit,
and the purpose or the object therefor. The registration fee shall
be $1 for any such organization and may be waived for good cause.
A copy of such registration shall be provided each registrant. Such
registration shall serve as a means of identification.
C.Â
This chapter shall not apply to sales by farmers and gardeners of
the produce of their farms and gardens or to the sale, distribution
and delivery of milk, teas, coffees, spices, groceries, meats and
bakery goods, to sales on approval, to conditional sales and merchandise,
or to the taking of orders for merchandise for future delivery when
full payment is not required at the time of solicitation.
It shall be the duty of the First Selectman to keep records
of all licenses granted under the provisions of this chapter in a
book provided for that purpose, giving the number and date of each
license; name, age, and residence of the person so licensed; the amount
of the license fee paid; and also the date of revocation of any license;
and to keep a detailed account of all fees collected for such licenses
and to turn such fees over every month to the Treasurer of the Town.
No person shall, within the Town, sell, offer for sale or solicit orders for any goods, wares or merchandise, except those exempted by § 359-3, unless he shall obtain a license to do so from the First Selectman, which license may contain such conditions as the First Selectman may deem expedient and shall be revocable at his discretion upon notice. This section shall not apply to occupants of stores or shops within the Town.
A.Â
The granting of all licenses required by this chapter shall be under
the supervision of the First Selectman and in each and every case
shall be issued by him, if approved, within five days after receipt
of application. The license shall contain the signature of the issuing
officer, the name and address of the applicant, a description of the
nature of the goods to be sold, the amount of the fee paid, the date
of issuance and expiration date of the license, and description identifying
any vehicle used in such peddling.
B.Â
Such licensees, with or without vehicles, shall be licensed to do
business only between the hours of 8:00 a.m. and 6:00 p.m., provided
that ice cream vendors may operate between 8:00 a.m. and 10:00 p.m.
from June 1 to September 15 of each year.
C.Â
Each licensee shall receive with his license a badge bearing the
name of the licensee, license number and the words "Licensed Peddler,
Town of Middlefield" or "Licensed Solicitor, Town of Middlefield,"
as the case may be, with the expiration date of the license.
D.Â
Such badge shall be worn conspicuously on any outer garment of the
licensee while engaged in peddling or soliciting, and his license
must be shown to any inhabitant of the Town upon request. No such
badge or license shall be worn or used by any person other than the
licensee to whom the same was issued.
Licenses required by this article, unless sooner revoked, shall
expire on the last day of December succeeding the date of the issue
thereof and shall be a personal license to the licensee and shall
not be transferable.
A.Â
Fees for
peddlers and solicitors shall be set from time to time by the Board
of Selectmen and paid upon the issuance of any license and badge.
B.Â
Farm products, exempt persons. No fee shall be required of one selling
products of the farm or orchard actually produced by the seller or
anyone exempt by state law or by legal residents of the Town.
