[HISTORY: Adopted by the Town of Barkhamsted Special Town
Meeting 1-9-1991 by Ord. No. 53. Amendments noted where applicable.]
No person shall engage in peddling in or upon the streets, sidewalks
or highways located in the Town of Barkhamsted without having first
obtained a permit from the First Selectman in accordance with all
the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, whether principal or agent, who shall carry or
expose for sale or barter or sell, vend, hawk or barter any goods,
wares or merchandise, including articles of food or otherwise, or
engage in the business of photography or assist in the doing of any
of said acts on foot or from any vehicle or temporary structure, including
a trailer, cart or tent, upon any of the streets or sidewalks or highways
or from a driveway or parking lot within the limits of the Town of
Barkhamsted.
The doing of any one or more of said acts by a peddler in
pursuance of his business.
B.
This chapter shall not apply to the following types of sales transactions:
(1)
The sale, distribution and delivery of milk, tea, coffee, spices,
groceries, meats and bakery goods.
(2)
Sales on approval.
(3)
Conditional sales of merchandise.
(4)
Solicitation of orders for or delivery of newspapers.
(5)
Sales for the benefit of any charity which maintains a local headquarters
within the Town of Barkhamsted in connection with the raising of funds
for the work and maintenance of any such nonprofit organization.
A.
The First Selectman or his or her designated agent is hereby authorized
to issue permits pursuant to this chapter.
B.
Permits may be granted to door-to-door salespersons or peddlers for
no longer than three months. The fee for each permit shall be $100
per month or part thereof and shall be paid in advance. Permits may
be granted for all other salespersons or vendors for a period of one
year and may be renewed annually thereafter. The fee for each such
permit shall be $100 per year or part thereof and shall be paid in
advance.
[Amended STM 12-6-2016]
C.
The permit is personal and may not be transferred to any other person.
Each natural person who is engaged in peddling must apply for his
or her own permit. Employees of a business engaged in peddling must
each apply for a separate permit.
D.
The fee may be waived if the applicant has been a resident of the
State of Connecticut for a minimum of two years prior to the date
of application and is a veteran who served in a time of war as defined
by C.G.S. § 27-103, as it may be amended from time to time.
Each person who applies for a peddler's permit shall give to
the First Selectman the following information on a designated application
form:
A.
His or her name, home address and local address, if any.
B.
The address of his principal place of business and any trade names.
C.
His or her physical description, including age, height, weight and
the color of his or her hair and eyes.
D.
If employed, the name and address of his or her employer.
E.
If a vehicle, trailer or cart is used, a description of the same,
together with its license number or other means of identification.
F.
All locations where permits for peddling have ever been granted by
or applied for in the past to any other governmental body.
G.
A written consent from the owner of the property intended to be used
for the placement of a tent or other temporary structure or the parking
of any vehicle, trailer or cart, appended to the application.
H.
An insurance certificate from a reputable insurance company showing
evidence that the applicant has adequate liability insurance for the
benefit of persons who may be injured in the course of doing business
with the applicant, in an amount of not less than $100,000 per person
and $300,000 per incident.
I.
Evidence of a state sales tax permit, if applicable, annexed to the
application.
J.
Evidence of approval of the Farmington Valley Health District for
the sale of food, if applicable.
A.
In the event that the applicant intends to place a tent or other
temporary structure or park a vehicle, trailer or cart, if any, in
a fixed location for the purpose of soliciting the business of passing
vehicular traffic, the applicant shall also be required to provide
a plot plan which meets the following requirements. The plot plan
shall show:
(1)
The boundary lines of the property, in conformity with A-2 survey
standards.
(2)
The location on the property of the tent or other temporary structure,
vehicle, trailer or cart.
(3)
Adequate and safe parking for patrons and adequate and safe ingress
and egress to and from the street or highway.
(4)
The name and address of each owner of the property on which the activity
will take place and all contiguous property owners.
(5)
The locations of the proposed location of signs.
B.
All of the above requirements must be provided to the satisfaction
of the First Selectman, in his or her sole discretion.
In the event that the applicant intends to sell any food items
from a vehicle, trailer or cart in a fixed location, the applicant
must provide separate disposal facilities for all recyclable materials
produced as a result of such sale of food and shall be responsible
to see that all such recyclable materials are, in fact, brought to
a suitable recycling facility. "Recyclable materials," as used herein,
shall be defined as those materials which the State of Connecticut
Department of Environmental Protection has determined to be the subject
of mandatory recycling. No litter of any type shall be allowed to
accumulate on the premises being used by the peddler, and all garbage
which is generated by the activity of the peddler shall be disposed
of properly.
Each person with a permit shall have the number of his or her
permit plainly inscribed on any vehicle which he uses under such license
and shall have in his or her possession the permit furnished by the
First Selectmen bearing the number of his or her permit that is in
force. Any person with a permit shall produce such permit for examination
to any purchaser or prospective purchaser and upon request by any
law enforcement official or officer charged with the enforcement of
this chapter.
A.
The application for a permit may be denied if, in the discretion
and judgment of the First Selectman, it fails to meet any of the requirements
of this chapter. Notice, by certified mail, return receipt requested,
shall be provided by the applicant to each of the owners shown on
the plot plan. Any such neighboring property owner shall have the
opportunity to file a written objection to the granting of the permit.
No decision on the permit may be granted by the First Selectman until
after 10 days from the date of the receipt of the notice to such neighboring
property owners. Such notice to neighboring property owners shall
include a notice that they may file such a written objection and within
what period of time.
B.
At any time if it comes to the attention of the First Selectman that
any of the provisions of this chapter have been violated or in the
event of any fraud, misrepresentation or false statement in the application
for permit, the permit may be revoked. Notice of such intended revocation
shall be made by first-class mail to the permittee at the address
provided on the original application, and such revocation shall be
effective on the date provided in such notice, but no less than five
days from the date of the letter. The permittee may request reconsideration
of the decision by the full Board of Selectmen, provided that the
request for reconsideration is made within 10 days of the effective
date of revocation. The decision of the Board of Selectmen shall be
final, although such revocation shall be no bar to a new application
for a permit. A request for reconsideration shall not operate as a
stay of the revocation of the permit, except by a vote of a majority
of the Board of Selectmen.
No peddler shall sell any food or beverage on any public street
within 1,000 feet of any school grounds on days school is in session
during the period commencing 1/2 hour before school is in session
and ending 1/2 hour after the session terminates. No peddler shall
locate a sign on a street or highway without the consent of the owner
of the property on which the sign will be located. All signs and all
business activities are also subject to and must conform to the Zoning
Regulations of the Town of Barkhamsted.[1] The permit process described herein is in addition to
and not in lieu of whatever may be required by those zoning regulations.
[Amended STM 2-13-1992 by Ord. No. 59]
Any person who shall engage in peddling without a valid permit
or in violation of any of the provisions of this chapter shall be
fined not more than $50 for each violation. Each sale made in violation
of these provisions shall be deemed to be a separate violation.
