[Ord. of 11-1-1976, § 1; Ord. of 12-8-1976, § 1; Ord. of 5-3-1978, § 1;
Ord. of 7-16-1981, § 1]
As used in this article, the following terms shall have the
meanings indicated:
shall mean all property, other than real estate, including
but not limited to goods, wares, services or merchandise.
shall include, but not be limited to, all contractual obligations,
whether written or oral, for personal labor, representation or agency
relationship, or any insurance-related item.
shall mean all persons who shall sell or offer for sale any
personal property, upon the streets or sidewalks or from house to
house, or who shall solicit or call from house to house to take or
attempt to take orders for services to be furnished or performed in
the future.
shall mean all property lying within the area of New Milford
bounded as follows:
Northerly: by the southerly bank of the West Aspetuck River,
the northerly line of Housatonic Avenue, the northerly line of Bennett
Street and the northerly line of Elm Street, each in part.
Easterly: by the easterly line of East Street.
Southerly: by the southerly line of Bridge Street.
Westerly: by the east bank of the Housatonic River.
[Ord. of 8-17-1964, § 1; Ord. of 5-3-1978, § 2; Ord. of 7-16-1981, § 2]
Within the Town of New Milford no person, except those who are exempt under § 15-25 of this article, shall sell or offer for sale any personal property upon the streets or sidewalks or from house to house; or shall solicit or call from house to house to take orders or to attempt to take orders for services to be furnished or performed unless that person shall have a valid vending license issued by the Town; provided, however, that no such person shall sell or offer for sale any property, real or personal, upon the streets or sidewalks or upon the public parks or public grounds existing within the Village Center.
[Ord. of 8-17-1964, § 7; Ord. of 11-1-1976, § 3; Ord. of 12-8-1976, § 1;
Ord. of 5-3-1978, § 3; Ord. of 7-16-1981, § 3]
This article shall not apply to persons holding a valid state
license issued by the State Insurance Commission or the State Real
Estate Commission while engaged in the business covered by that license;
to persons conducting a business in a store or shop within the Town
of New Milford, unless such person or business solicits from house
to house, nor to persons selling to offices, businesses or retail
outlets within the Town of New Milford; or to the sales by farmers
or gardeners who reside within the Town of New Milford of the products
of their farms or gardens; nor to the distribution and delivery of
food products; nor to the sales by anyone on behalf of a bona fide
church, school, civic or nonprofit organization; or to deliveries
of news carriers on their routes; nor to any person responding at
the home of any resident upon invitation to sell or offer to sell
to said resident any property or to take or to attempt to take orders
from said resident for services to be performed or furnished in the
future; nor to persons having a valid permit, license or lease issued
by the Parks and Recreation Commission while engaged in the activity
covered by that permit, license or lease.
[Ord. of 8-17-1964, §§ 2, 3, 4; Ord. of 11-1-1976, §§ 2, 4a, 4d,
4e, 4f; Ord. of 12-8-1976, § 1; Ord. of 5-3-1978, § 4]
(a)
Application for a vending license. All persons not exempted by § 15-25 of this article who intend to engage in activities described in § 15-24 of this article shall first make proper application for a vending license to the office of the Mayor on forms approved by and available from said office. Said application must contain or be accompanied by the following data:
(1)
The name and address of the applicant and local address if any.
(2)
A description of the business and the goods to be sold or services
to be performed.
(3)
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
(4)
The length of time for which the license is desired.
(5)
In the case of house-to-house solicitation, the proposed method
of contacting homeowners prior to initiating solicitation.
(6)
A copy of any and all brochures, order and contract forms, or
other material to be used in connection with the solicitation and/or
sale.
(7)
In the case of the sale of food products, a certificate of approval
from the Director of Health of the Town of New Milford.
(8)
Two two-inch-square color photographs of the applicant.
(9)
The Towns or locations within the State of Connecticut, if any,
where the applicant has conducted such sales and/or solicitations
prior to coming to the Town of New Milford.
(10)
A statement as to whether or not the applicant has been convicted
of any crime or violation of any municipal ordinance, the nature of
the offense and the penalty assessed therefor.
(11)
An agreement to comply with the provisions of this article.
(b)
Processing of application for a vending license; denial.
(1)
Upon receipt of the application for a vending license by the
office of the Mayor, the duplicate of said application shall be immediately
referred to the Chief of the New Milford Police Department or his
official designated representative, who shall have three days, excluding
Sundays and holidays, within which to investigate whether any reason
exists for the denial of the requested vending license. In making
such an evaluation, the determination of qualification shall be governed
by the following standards (as applied to an applicant representing
the same employer, as part of a group solicitation, to all applicant
members of that group): veracity of statements in the application;
prior claims of fraudulent practices on file with the State of Connecticut,
in the Town of New Milford or in other Towns where the applicant has
previously solicited; or any convictions for a violation of state
and/or federal laws or local ordinances. Upon conclusion of the evaluation,
the application, along with the evaluation, shall be returned to the
office of the Mayor by the Chief of Police. The Mayor shall then approve
or deny the request for a Vending License within five business days
after receipt of the completed application by his office.
(2)
The Mayor may deny a request for a vending license for any reason
necessary to protect the public safety and welfare, including but
not limited to the following:
a.
The prior conviction of the applicant, his employer, agents,
servants or employees of fraud, larceny, conversion, embezzlement,
robbery or similar offenses by any court of competent jurisdiction.
b.
The prior violation by the applicant, his employer, agents,
servants or employees of this article or any similar ordinance of
another municipality.
c.
The use of false or misleading statements in the application
for vending license.
d.
The proposed use of false, misleading or unlawful materials
in connection with the activity for which the vending license is sought.
(c)
License contents. Each vending license issued under
this article shall contain the name of the applicant; an identification
of his employer, if any; identification of the product; a color photograph
of the licensee; and an express disclaimer by the Town of New Milford
of any warranty or endorsement of the solicitation for the product;
also the registration number of any vehicles to be used; the date
the vending license is issued and the expiration date of the license.
(d)
License fee. The fee for such license shall be $25
for one year or any fraction thereof, except that the fee for a license
for a period of two weeks or less shall be $10. An applicant shall
only be entitled to a license for a period of two weeks or less once
every six months.
[Ord. of 8-17-1964, § 5; Ord. of 11-1-1976, § 4b, 5; Ord. of 12-8-1976, § 1;
Ord. of 5-3-1978, § 5; Ord of 7-16-1981, § 5]
Each vendor shall agree as a condition of the issuance of his
license (which agreement shall be contained in the application form)
that he shall exhibit his license upon any request of any citizen;
that upon making any home or apartment sale or solicitation, he will
immediately identify himself and the product being sold or service
being offered at each residence before making any other statements
to the occupant; that, if requested by the occupant to leave the premises
at that time, or at any subsequent time during the course of the home
sale or solicitation, he will do so immediately; and that he will
not sell or offer for sale any personal property upon the streets
or sidewalks or upon the public parks or public grounds existing within
the Village Center. Any violation of this section shall be grounds
for suspension or revocation of the Town vending license.
[Ord. of 11-1-1976, §§ 4c, 6; Ord. of 12-8-1976, § 1; Ord. of 5-3-1978, § 6]
Any license granted under this article may be suspended for a period of four days, excluding Sundays and holidays, upon receipt of information by the Chief of the New Milford Police Department or the Mayor of the Town of New Milford of any information which, if known at the time of the application, would have been grounds for the denial of the license under the standards set forth in § 15-26(b) above, or upon a sworn complaint by any citizen of the Town of New Milford that the licensee has failed to comply with the conditions of this article. Upon such suspension, the licensee shall be notified by the Mayor, and said license shall immediately be returned to the office of the Mayor, and the licensee may, within three days of said suspension, request in writing a hearing to the Town Council. The Town Council shall, within four days of the receipt of said written request, hold a hearing on said suspension in accordance with § 15-29 of this article. In the event that the Town Council fails to provide a hearing within four days, the license shall be reinstated for its original term.
[Ord. of 11-1-1976, § 7; Ord. of 12-8-1976, § 1; Ord. of 5-3-1978, § 7]
Upon any denial of a license under this article, the applicant
may, within three days of said denial, request in writing a hearing
to the Town Council. The Town Council, within 14 days of receipt of
said written request for hearing, excluding Sundays and holidays,
shall hold a hearing in connection therewith, and notice of such hearing
shall be given to the licensee. In either event, the Town Council
shall determine whether, applying the standards set forth in this
article, the reasons given for denial or suspension of the license
are sufficient in fact to affirm such denial or suspension of the
license. The Town Council's findings on this fact shall determine
whether the license should be reinstated or revoked. The applicant
or licensee shall have the right to appear at said hearing of the
Town Council and have legal counsel present to represent him. He shall
further have the right to produce evidence on his own behalf.
[Ord. of 8-17-1964 § 6; Ord. of 11-1-1976, § 8; Ord. of 12-8-1976, § 1;
Ord. of 5-3-1978, § 8; Ord. of 7-16-1981, § 8]
Any person, not exempt from this article under § 15-25 hereof, who shall conduct home sales or solicitations or sell or offer for sale personal property or services upon the streets or sidewalks without a vending license or while such license has been suspended, shall be punishable by a fine of not more than $50 for each day that such violation exists.
