[HISTORY: Adopted by the Board of Selectmen of the Town of Tolland 10-17-1974
by Ord. No. 9. Amendments noted where applicable.]
This chapter is enacted pursuant to the provisions of Chapters 407 and
408 of the Connecticut General Statutes, Revision of 1958, as amended.[1] This chapter repeals all previous ordinances concerning licensing
of peddlers and itinerant vendors within the Town of Tolland.
[1]
Editor's Note: See also Ch. 407a of the Connecticut General Statutes.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales advertised, represented or held forth under the
designation of "going out of business," "selling out," liquidation," "loss
of lease," "forced to vacate" or any other designation of like meaning.
Any person, whether principal or agent, who goes from place to place
in the Town of Tolland selling or bartering or carrying for sale or barter
or exposing therefor any goods, wares or merchandise, either on foot or from
any animal or vehicle.
Any person, whether principal or agent, who engages in a temporary
or transient business in the Town of Tolland, either in one locality or in
traveling from place to place, selling goods, wares and merchandise or who
conducts any closing out sale and who, for the purpose of carrying on such
business or sale, hires, leases or occupies any building or structure for
the exhibition and sale of such goods, wares and merchandise.
Includes any exhibition and sales 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 for a period of
at least nine months in each year.
No itinerant vendor shall be relieved or exempted from the provisions
and requirements of this chapter by reason of associating himself temporarily
with any local dealer, auctioneer, trader or merchant or by conducting such
temporary or transient business in connection with or in the name of a local
dealer, auctioneer, trader or merchant. The provisions of this chapter shall
not apply to sales made to dealers by commercial travelers or selling agents
in the usual course of business or to bona fide sales of goods, wares and
merchandise by sample for future delivery or to any sale of goods, wares or
merchandise on the grounds of any incorporated agricultural society during
the continuance of any annual fair held by such society or to any general
sale, fair, auction or bazaar held or sponsored by any charitable, political,
religious and governmental organization or their representatives.
A.
Before selling under the state license required by Section
21-28 of the Connecticut General Statutes, Revision of 1958, as amended, each
itinerant vendor shall make application for a municipal license to the Town
Manager of the Town of Tolland.
B.
The fee for such license shall be determined as follows:
(1)
Each itinerant vendor shall file with the Town Manager
a true statement, under oath, of the average quantity and value of the stock
of goods, wares and merchandise kept or intended to be kept or exposed by
him for sale.
(2)
The Town Manager shall submit such statement to the Assessor,
who, after such examination and inquiry as he deems necessary, shall determine
such average quantity and value and shall forthwith transmit a certificate
thereof to the Town Manager.
(3)
The license fee shall be equal to the taxes assessable
in the Town of Tolland under the last preceding tax levy therein upon an amount
of property of the same valuation.
C.
Upon payment of said fee, the Town Manager shall authorize
the Town Clerk to issue such license which shall remain in force as long as
the licensee continuously keeps and exposes for sale in such municipality
such stock of goods, ware or merchandise but not later than the first day
of October following its issuance date. The Town Clerk shall record the state
license of such itinerant vendor in full and shall endorse thereon the words
"local license fees paid" and shall affix thereto his official signature and
the date of such endorsement.
No license fee shall be required from any resident of this state who
has resided within the state for a period of two years next preceding the
date of application for such license and who is a veteran who served in time
of war, as defined by Section 27-103 of the Connecticut General Statutes.
Upon application to the Town Manager by any such veteran, the Town Manager
may defer issuance of such license for a period not to exceed seven days for
the purpose of investigation. Each such veteran shall produce his discharge
or certificate of honorable discharge from the service or a copy thereof certified
by the Town Clerk from the records of the Town where such discharge or certificate
of discharge is recorded, for inspection, and shall also produce a certificate
from the Town Clerk that the applicant is a resident of the state. If the
veteran fails to produce said discharge or certificate, he shall not be entitled
to any privilege of this section. Any person who makes a false representation
for the purpose of availing himself service of the privilege of this section
shall be fined not more than $25. The sale of lapel pins, buttons, flowers,
small flags and similar novelties and books and magazines shall not be construed
to be goods, wares or merchandise within the meaning of this section.
No person shall hawk or vend upon the public streets of the Town of
Tolland any goods, wares or merchandise at public or private sale or auction
or vend or peddle any such article from house to house within the Town of
Tolland without first obtaining a license to do so from the Town Manager.
The fee for such license shall be $25 for each team or vehicle or other method
used in connection with such vending, hawking or peddling. Such license shall
be for a period of one year. No such license shall be issued until the applicant
has exhibited proof that his weights and measures, if any such are used by
him in his business, have been approved by the State Commissioner of Weights
and Measures.
Section 115-6 of this chapter shall not apply to sales by farmers and gardeners of the produce of their farms and gardens or to the sales, distribution and delivery of milk, groceries, meats and baked goods, to sales on approval or to conditional sales or merchandise, to persons selling newspapers or to charitable, political, religious and governmental organizations and their representatives.
