The following words, terms and phrases, and
their derivations, when used in this chapter, shall have the meaning
ascribed to them in this section, except where the context clearly
indicates a different meaning:
CHARITABLE
Includes the word "patriotic," "philanthropic," "social service,"
"health," "welfare," "benevolent," "educational," "civic," "cultural"
or "fraternal," either actual or purported.
CONTRIBUTION
Includes the word "alms," "money," "subscription," "property"
or any donations under the guise of a loan or money or property.
CHIEF
The Police Chief or his duly authorized representative.
PEDDLER
Any person who goes upon the premises of any private residence
in the Town, not having been invited by the occupant thereof, carrying
or transporting goods, wares, merchandise or personal property of
any nature and offering the same for sale. This definition also includes
any person who solicits orders and as a separate transaction makes
deliveries to purchasers as part of a scheme to evade the provisions
of this chapter.
PEDDLING
Includes all activities ordinarily performed by a peddler
as indicated under the definition of "peddler."
PERSON
A natural person or any firm, corporation, association, club,
society or other organization.
SOLICITATION
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of "solicitor."
SOLICITOR
Any person who goes upon the premises of any private residence
in the Town, not having been invited by the occupant thereof, for
the purpose of taking or attempting to take orders for the sale of
goods, merchandise, wares, or other personal property of any nature
for future delivery, or for services to be performed in the future.
This definition also includes any person who, without invitation,
goes upon private property to request contribution of funds or anything
of value, or to sell goods or services, for political, charitable,
religious, or other noncommercial purposes.
It shall be unlawful for any person 18 years
of age or older to engage in peddling or solicitation activities within
the Town of Weston without first obtaining a permit issued by the
Police Department; provided, however, that the following are exempted
from the provisions of this section:
A. Any solicitation made upon premises owned or occupied
by an organization upon whose behalf the solicitation is made;
B. Any communication by an organization soliciting contributions
solely from persons who are members of the organization at the time
of such solicitation;
C. Any solicitation in the form of a collection at a
regular meeting, assembly or service of a charitable person; or
D. Any sales
by farmers and gardeners of the produce of their farms, gardens and
greenhouses, including fruit, vegetables and flowers, or the sale,
distribution and delivery of milk, teas, coffees, spices, groceries,
meats and bakery goods, sales on approval, conditional sales of merchandise,
or the taking of orders for merchandise for future delivery when full
payment is not required at the time of solicitation.
Every person subject to the provisions of this
chapter shall file with the Police Department an application in writing,
on a form to be furnished by the Department, which shall provide the
following information:
A. Proof of age, address and identification of the applicant,
to be provided through the applicant's driver's license, articles
of incorporation (for sponsors), or other legally recognized form
of identification;
B. A brief description of the business or activity to
be conducted;
C. The hours and location for which the right to peddle
or solicit is desired;
D. If employed, the name, address and telephone number
of the employer or, if acting as an agent, the name, address and telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal, as the
case may be;
E. A statement as to whether or not the applicant has
been convicted of a felony, misdemeanor or ordinance violation (other
than traffic violations), the nature of the offense or violation,
the penalty or punishment imposed, the date when and place where such
offense occurred, and other pertinent details thereof;
F. Proof of possession of any license or permit which,
under federal, state or local laws or regulations, the applicant is
required to have in order to conduct the proposed business or which,
under any such law or regulation, would exempt the applicant from
the licensing requirements of this chapter; and
G. Two photographs of the applicant which shall have
been taken within 60 days immediately prior to the date of filing
of the application. The photographs shall measure two inches by two
inches and show the head and shoulders of the applicant in a clear
and distinguishing manner.
At the time the application is filed with the
Police Department, a fee, as set forth by the Permit Fee Schedule
on file in the Chief of Police's office, shall accompany each permit
request. The fee may be waived for charitable nonprofit organizations.
A veteran qualified as provided in § 21-37 of the Connecticut
General Statutes shall not be required to pay the permit fee.
All permits issued under the provisions of this
chapter shall expire 30 days from the date of issuance, unless an
earlier expiration date is noted on the permit.
At the same time the permit is issued, the Chief
shall issue to each permittee a badge, which shall be worn by the
permittee in such a way as to be conspicuous at all times while the
permittee is soliciting or peddling in the Town.
Every person required to obtain a permit under
the provisions of this chapter shall exhibit the permit when requested
to do so by any prospective customer or by a member of the Police
Department.
It shall be unlawful for any person other than
the permittee to use or wear any permit or badge issued under the
provisions of this chapter.
It shall be unlawful for any person, whether
licensed or unlicensed, while conducting the business of a peddler
or solicitor, to enter upon any residential premises in the Town where
the owner, occupant or person legally in charge of the premises has
posted, at the entry to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddlers,"
"No Solicitors," or words of similar import.
No person, while conducting the activities of
a peddler or solicitor, whether licensed or unlicensed, shall enter
upon any private property, knock on doors or otherwise disturb persons
in their residences between the hours of 9:00 p.m. and 9:00 a.m.
Any permit issued under this chapter may be
revoked or suspended by the Chief of Police or his authorized representative,
after notice and hearing, for any of the following reasons:
A. Fraud, misrepresentation or false statement contained
in the application for a permit;
B. Fraud, misrepresentation or false statement made by
the permittee in the course of conducting solicitation or peddling
activities;
C. Conducting peddling or solicitation activities contrary
to the provisions contained in the permit;
D. Conviction for any crime involving moral turpitude;
or
E. Conducting peddling or solicitation activities in
such a manner as to create a public nuisance, constitute a breach
of the peace or endanger the health, safety or general welfare of
the public.
Notice of a hearing for revocation of a permit
issued under this chapter shall be provided in writing and shall set
forth specifically the grounds for the proposed revocation and the
time and place of the hearing. Notice shall be mailed, postage prepaid,
to the permittee at the address shown on the permit application or
at the last known address of the permittee.
Any person claiming to be legally exempt from
the regulations set forth in this chapter, or from the payment of
a permit fee, shall cite to the Chief of Police the statute or other
legal authority under which exemption is claimed and shall present
to the Chief proof of qualification for such exemption.