[Ord. of 3-4-1996]
The purpose of this article is to protect against criminal activity
including fraud and burglary, minimize the unwelcome disturbance of
citizens and the disruption of privacy, and to otherwise preserve
the public health, safety and welfare by regulating licensing and
controlling solicitors, peddlers and itinerant vendors.
[Ord. of 3-4-1996]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
Any person, either as principal or agent, who engages in
a temporary or transient business of selling and delivering goods,
wares and merchandise either from a fixed location within the City
or traveling place to place and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, room, apartment,
lot, parking lot, parking space or spaces, street or other place,
whether public or private, within the City, for the exhibition and
sale of such goods, wares and merchandise, either privately or at
any auction. Any person who engages in transient selling shall not
be relieved from complying with the provisions of this article by
reason of associating himself with any established local dealer, trader,
merchant or auctioneer, or by conducting transient selling in connection
with, as part of or in the name of any established local dealer, trader,
merchant or auctioneer, unless properly associated with a managing
itinerant vendor as defined below who fully complies with the licensing
provisions for a managing itinerant vendor for a particular show or
event. For the purpose of this chapter, an itinerant vendor who participates
in a show or event under the direction and control of a managing itinerant
vendor will be deemed to be an agent of the managing itinerant vendor
and will not be required to obtain an individual itinerant vendor
license for such show or event.
Any person who conducts, manages, or organizes a show of
itinerant vendors for the purpose of exhibition and sale at any location
which is open to the general public and at which goods, wares or merchandise
are on display and offered for sale by any vendors.
Any person whether principal or agent who travels from place
to place by any type of conveyance, carrying his wares with him, offering
and exposing the wares for sale or making sales and delivering articles
to purchasers, or any person who, without traveling from place to
place, sells or offers the same for sale from any type of vehicle
or conveyance. A peddler generally offers for sale, consummates the
sale and delivers the goods at one and the same time to the ultimate
consumer. Any person who solicits orders and, as a separate transaction,
makes deliveries to purchasers as part of a scheme or design to evade
the provisions of this definition shall be deemed peddling and shall
be subject to the provisions of this article. The word "peddler" does
not include any person who goes upon private property for the purpose
of peddling, having been invited to do so by the owner or occupant
of such property.
Any person, firm, partnership, limited partnership, corporation,
association, club, society, or other organization or legal entity.
Any person who travels from place to place by any type of
conveyance taking or attempting to take orders for the sale at retail
of goods, wares and merchandise or personal property of any nature
whatsoever for future delivery, whether or not such person has, carries
or exposes for sale a sample of the subject of such sale, or whether
or not he is collecting advance payments on such sales. The word "solicitor"
or "canvasser" does not include any person who goes upon private property
to solicit or canvass, having been invited to do so by the owner or
occupant of such property, and does not include persons under the
age of 16 years who are representing local nonprofit organizations.
[Ord. of 3-4-1996]
(a)
Any City-wide celebrations, observances or special events such as an annual sidewalk sale, which include more than five exhibitors or merchants, shall be exempt from this article; provided, however, that the sponsors shall apply to the Chief of Police for a special events license. The application shall include the name and local address of the sponsor, proposed duration, number of exhibitions or merchants taking part in the sale, purpose of the event and a description of the goods and type of goods to be sold. The refusal of the Chief of Police to issue a special events license may be appealed to the Board of Police Commissioners. (See Section 17-26 post.) The Chief of Police may impose conditions on the approval of the special events license, including required sanitation and cleanup measures, security measures and bond to guarantee performance of the conditions or to secure the payment of the sales tax due to the City.
(b)
Yard and garage sales shall be exempt from the provisions of this
article.
(c)
The sale of household goods or food products made or raised by the
salesperson on his premises shall be exempt from this article, provided
that such sales take place on the premises of the salesperson.
(d)
Vendors, merchants, exhibitors and salesmen who exhibit, demonstrate
or solicit orders for goods or merchandise in conjunction with and
as part of an organized program of conventions, professional meetings,
trade association meetings, seminars or other similar meetings held
at hotels, motels or public or private meeting areas within the City
shall be exempt from the provisions of this article.
(e)
The provisions of this chapter as to fees only shall not apply to
any general sales auction, fair or bazaar held on the property of
and for the benefit of an ecclesiastical society, church corporation,
governmental entity or any corporation which is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, as from time
to time amended, provided that no exemption shall apply where the
property is rented to or otherwise utilized by any third party. Provisions
as to licensing requirements shall apply.
[Ord. of 3-4-1996]
(a)
The provisions set hereunder are in addition to any and all requirements
set forth in the General Statutes of the State of Connecticut, as
same may be amended form time to time, as well as state regulations,
federal law and other local law.
(b)
Vending (including managing itinerant vending), canvassing or soliciting
under the provisions of the Milford Code of Ordinances shall be limited
to the hours of 9:00 a.m. to 10:00 p.m. every day.
(c)
No orders for goods or wares to be delivered in the future shall
be taken without giving a written receipt for all orders taken within
the City, which receipt shall be signed by the solicitor and shall
set forth a brief description of the goods, wares or merchandise ordered,
the total purchase price thereof and the amount of the down payment
received by the seller from the purchaser.
(d)
All licensees hereunder shall be required to conduct themselves in
a peaceable, orderly and lawful manner at all times. Licensees and
employees of licensees shall wear proper attire (i.e., swimwear or
similar clothing is prohibited). Shirts, pants, skirts, shorts or
dresses and footwear are required.
[Ord. of 3-4-1996]
(a)
No peddler, solicitor, canvasser or itinerant vendor or managing
itinerant vendor, including any vendor of food in connection with
any show or event, shall:
(1)
Carry on his business upon any street, alley, sidewalk, park or any
other public place unless his license specifies that peddling, soliciting,
canvassing or vending in such public place is permitted thereunder,
and in no case shall such provisions be made without approval by the
Chief of Police or his authorized representative;
(2)
Sell from any establishment or permanent location upon any street,
alley, sidewalk, park or other public place; or
(3)
Park or stand his wagon, automobile or other vehicle upon any sidewalk
or sidewalk area, or upon any street, alley, highway or public thoroughfare
so as to cause or increase congestion, obstruct travel or inconvenience
the public. For the purpose of this section, the judgment of a police
officer, exercised in good faith, shall be conclusive as to whether
the area is congested, or the public impeded or inconvenienced.
(4)
Hook up to City utilities in connection with the sale of any product.
(b)
The Milford Police Department may approve an application to use a
public place; provided, however, that the MPD may, after considering
the location or area in which the applicant proposes to carry on his
business, the type of business to be carried on and other applicable
information, determine that the peddling, soliciting, canvassing or
transient selling would constitute an obstruction of the public way
or place, would constitute a safety or health hazard or other hazardous
condition upon the public way or place, would not be in compliance
with the laws of the City, or would not be compatible with the intended
use or traffic upon the public way or place, and may deny the license
or issue a license with reasonable conditions.
(c)
No stand for the purpose of vending shall be of a height or size
so as to obstruct the vision of pedestrian or motor vehicle traffic.
All stands shall be portable in nature.
(d)
No vehicle or stand shall be so located or placed as to obstruct
pedestrian or motor vehicle traffic or be detrimental or injurious
to public safety or interfere with the use of any street, sidewalk
or public place by the public at large.
(e)
A licensee shall not vend within 1,000 feet of any property used
as a school from one hour before the regular school day to one hour
after the regular school day, provided this subsection shall not apply
on days when school is not in session.
(f)
All goods, wares or merchandise placed for sale by a street vendor
shall be contained upon or within the vehicle or stand used by the
street vendor or contained upon the person of said vendor. In no case
shall any goods, wares or merchandise be placed directly upon a street,
sidewalk or public place.
(g)
Where food is sold, adequate trash containers shall be maintained
by the food vendor, directly adjacent to the food service. For itinerant
food vending facilities, the provisions hereunder are in addition
to the requirements set forth pursuant to Section 8-51 et seq. ante.
(h)
Possession or sale of aerosol confetti, silly string, stink bombs,
poppers or other similar products by licensees and their employees
hereunder is prohibited.
(i)
No licensee shall shout, blow a horn, ring a bell or use any sound
device for the purpose of attracting attention in a manner which creates
a nuisance.
