[HISTORY: Adopted by the Town of Clinton 6-12-1991. Amendments
noted where applicable.]
The following words, terms and phrases, when
used in this chapter, shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different meaning:
As defined in accordance with the Internal Revenue Code,
Section 501(c)(3).
Any person, whether principal or agent, who goes from place
to place within the boundaries of the Town selling or bartering or
carrying for sale or barter or exposing therefor any food, goods,
wares or merchandise, either on foot or from any vehicle. This shall
include soliciting orders of purchase for future delivery of any goods,
wares or merchandise, including magazines and other printed matter.
Shall not mean and include the word "charitable" as herein
defined but shall be given their commonly accepted definitions.
The request directly of money, credit, property, financial
assistance or other items of value on the plea or representation that
such money, credit, property, financial assistance or other items
of value will be used for a charitable or religious purpose.
It shall be unlawful to hawk or peddle upon
the public streets of the Town any goods, wares or other merchandise
at public or private sale or auction, or to hawk or peddle any such
articles from house to house within the Town, without first complying
with this chapter and Chapter 408 of the General Statutes, as amended.
A.Â
An applicant for permission to vend, solicit, hawk or peddle as described in § 402-2 shall be required to register the following information with the Board of Selectmen acting through its Chief of Police or his designated authority:
(1)Â
Name and home and business addresses.
(2)Â
Name and address of business, firm or corporation
which the applicant represents.
(3)Â
General physical description, being weight, height,
and color of hair and eyes.
(4)Â
Description of kind and cost of goods intended for
vending, peddling or hawking.
(5)Â
Specific dates, not to exceed one year, in which applicant
intends to vend, peddle, hawk or solicit orders in the Town.
B.Â
Simultaneous with the provision of this information,
the applicant shall provide the Chief of Police with photographic
identification that includes a signature specimen.
Each applicant for permission under this chapter
shall pay a fee of $200, which fee shall be used by the Town for the
purpose of defraying the costs of enforcing this chapter.
No person under any circumstances may sell,
barter or carry for sale or barter or expose any food, goods, wares
or merchandise either on foot or from any vehicle or solicit contributions
for any charitable or religious cause before the hour of 9:00 a.m.
or after 7:00 p.m.
No person may:
A.Â
Hawk or peddle on any public street within 1,000 feet
of any school grounds on any day school is in session during the period
commencing one hour before school is in session and ending one hour
after the session terminates.
B.Â
Hawk or peddle except when the motor vehicle is lawfully
parked or stopped.
C.Â
Hawk or peddle except from the side of the truck away
from moving traffic and as near as possible to the curb or edge of
the street.
D.Â
Hawk or peddle to a person standing in the roadway.
E.Â
Stop on the left side of a one-way street to hawk
or peddle.
F.Â
Back a motor vehicle to hawk or peddle.
G.Â
Allow any person to ride in or on a motor vehicle
except for the licensee, his employee or authorized agent.
Each person who wishes to vend, hawk, peddle
or solicit within the Town shall at all times conduct himself in an
orderly and lawful manner and shall give a written receipt for all
orders taken within the Town. The receipt shall be signed by the vendor/solicitor
and shall set forth a brief description of the goods, wares or merchandise
ordered or sold, the total purchase price thereof, and the amount
received by the solicitor from the purchaser.
A.Â
(1)Â
Persons less than 16 years of age.
(2)Â
Persons exempted under the General Statutes.
(3)Â
Persons licensed by the state.
(4)Â
Persons selling only to stores or other business establishments
for resale.
(5)Â
Charitable or religious organizations or their representatives
engaging in solicitation where no food, goods, wares or merchandise
is offered in exchange for money, credit, property or financial assistance
even if such exchange is labeled a donation.
B.Â
(1)Â
Sales by farmers and gardeners of the produce of their
farms and gardens.
(2)Â
The sale, distribution and delivery of milk, teas,
coffees, spices, groceries, meats and bakery goods.
(3)Â
Sales on approval.
(4)Â
Conditional sales of merchandise.
(5)Â
The taking of orders for merchandise for future delivery
when full payment is not required at the time of solicitation.
(6)Â
Participants in specific fund-raising events sponsored
by local charitable, nonprofit organizations.
C.Â
However, any individual engaged in any sales described
in this section may at his option apply for credentials as described
in this chapter.
Except as provided in § 402-8, no person shall sell or expose or offer for sale or solicit orders for any articles of foods or any goods, wares, merchandise, materials or services or solicit for any contracts within the Town unless he has registered with the police, made application for a license and obtained identifying credentials as hereinafter provided.
A.Â
If, upon complaint, the Chief of Police has reason
to believe that any provision of this chapter has been violated by
a licensed person, the Chief of Police may revoke that individual's
credentials. The Chief of Police shall consider any complaint, whether
made orally or in writing, if made by an individual who is a resident
or guest of a resident of the Town. In order to be a valid complaint,
any complaint made orally must be received in writing by the Selectmen's
office within 24 hours of the original complaint.
B.Â
Upon such revocation, if the aggrieved party wishes,
he may appeal to the Board of Selectmen for reconsideration; however,
such appeal must be received in writing within five days of the date
of revocation. The date of revocation shall be the date that the certified
mail notice is received by the individual at either the home or business
address provided on his credentials; however, such revocation is effective
immediately from the date it is issued.
C.Â
The Board of Selectman shall hear the individual's
appeal and review the complaint against him at a meeting of the Board
to be held not less than five days nor more than 10 days after receipt
of the appeal. The Board shall, upon the evidence presented, either
affirm the revocation or reinstate the revoked credentials.
Any person violating any of the provisions of
this chapter or making any false statements or representations of
fact for the purpose of obtaining permission to solicit orders shall,
upon conviction thereof, and in addition to other penalties provided
by law and herein, be subject to a penalty in the amount of $50 for
each day of violation or part thereof. Each day of violation shall
be considered a separate violation. Upon any registered person being
convicted of any crime or misdemeanor under this chapter or a crime
involving moral turpitude, the stamped credentials of such person
shall be delivered to the First Selectman and the Selectman's stamp
thereon shall be cancelled, and such person shall not thereafter solicit
orders in the Town.
The Board of Selectmen is hereby authorized
to make additional regulations consistent with this chapter and C.G.S.
§ 21-37, as amended, to promote the orderly conduct of solicitors
and enforcement of this chapter. Each regulation shall be in writing
and shall become effective upon publication in a newspaper having
a general circulation in the Town and filing of a copy with the Town
Clerk.
A.Â
No person shall engage in a temporary or transient
business in the Town without first obtaining a municipal license in
accordance with the provisions hereof and in accordance with Chapter
407 of the General Statutes, as amended.
B.Â
Each itinerant vendor shall make application for a
municipal license to the Chief of Police or his designee for a license
which shall remain in force as long as the licensee continuously keeps
and exposes for sale such stock of goods, wares or merchandise, but
not later than the October 1 following the date of issuance, upon
the payment of a fee as established by the Board of Selectmen, all
in accordance with C.G.S. § 21-29, as amended. The word
"continuously" as used in this subsection shall be understood to mean
throughout the year, not necessarily every day or weekend.
A.Â
An applicant for a license to solicit in the Town
shall:
(1)Â
Submit, when applicable, a copy of a valid Health
Department certificate enforceable for the same period of time as
the requested license.
(2)Â
Submit, when applicable, a copy of a certificate from
the State Sealer of Weights and Measures indicating that all weights
and measures used by the applicant in his business have been approved
and stamped.
(3)Â
Demonstrate to the satisfaction of the Police Department
that the motor vehicle to be used pursuant to the issuance of the
license complies with all applicable state laws and motor vehicle
regulations and that, if it is a truck, it is equipped with a convex
mirror mounted on the front so the driver in his normal seating position
can see the area in front of the truck obscured by the hood.
(4)Â
If applying for an itinerant vendor license, submit
a copy of a valid state license obtained pursuant to C.G.S. § 21-28,
as amended.
(5)Â
Pay a fee of $200 for a license to hawk or peddle
or a fee of $200 for an itinerant vendor license.
B.Â
The Chief of Police shall provide the applicant with
credentials stamped with Town approval, which credentials shall set
forth the name and address of the applicant and his employer, if any;
the nature of the goods, wares or merchandise being vended; and the
period during which the applicant may vend, hawk or peddle. Notwithstanding
any other provisions of this chapter or regulations, the Chief of
Police shall not be required to grant such permission to any person
who has been convicted of any crime or misdemeanor involving moral
turpitude or having been found to act in violation of this chapter.
C.Â
Each applicant shall display prominently upon his
person his stamped credentials at all times while conducting business
in the Town.
D.Â
Stamped credentials shall be nontransferable and shall
entitle the holder thereof, for the period indicated therein, unless
revoked, to solicit within the Town as specified in his application,
provided that the holder shall have his stamped credentials prominently
displayed on his person at all times while soliciting and shall exhibit
the same at any time upon request by any police officer or agent of
the Board of Selectmen, or any purchaser or prospective purchaser.
E.Â
All licenses shall expire on the October 1 following
the date of issuance unless otherwise specified.
F.Â
Participants in specific fund-raising events sponsored
by local charitable, nonprofit organizations shall be exempt from
requirements to obtain a local solicitor's license.
A.Â
Any person who wishes to hawk, peddle or vend food
items as defined in Section 19-13-B48 of the State Public Health Code,
as amended, must:
(1)Â
Apply in person to the Director of Health for inspection
of each vehicle and/or cart to be used for dispensing food items.
(2)Â
Pay a Health Department inspection and certification
fee of $50 (established by the Board of Selectmen), except that charitable
and religious organizations shall be exempt from payment of said fee
and their certificate shall expire five days from issuance.
(3)Â
Meet and then maintain all of the regulations of Section
19-13-B48 of the State Public Health Code, as amended, and this chapter.
B.Â
All certificates shall expire on the October 1 following
the date of issuance unless otherwise specified.
