[Ord. of 3-4-1996]
It is unlawful for any person to peddle, solicit, canvass or
engage in itinerant vending [unless in the case of itinerant vending
under the direction and control of a duly licensed managing itinerant
vendor as provided above in Section 172(d) and (e)] within the limits
of the City without first obtaining a license as provided in this
division. Moreover, at any show or event where 10 or more itinerant
vendors will sell or exhibit goods or merchandise, a duly licensed
managing itinerant vendor must assume responsibility and control of
said show or event in compliance with the sections below.
[Ord. of 3-4-1996]
Applicants for licenses for all vending, soliciting, hawking
or peddling, including the taking of orders for future delivery when
full payment is required at the time of solicitation, itinerant vendors
and managing itinerant vendors under this chapter shall file with
the Chief of Police an application in writing on a form to be furnished
by the Milford Police Department, which shall give the information
below. There shall be a record of all licenses granted pursuant to
this chapter in a file provided for that purpose at the Milford Police
Department.
(a)
Name and physical description of the applicant.
(b)
Applicant's date of birth, driver's license or other identification
number, Social Security number.
(c)
Permanent home address, as well as local address and telephone number.
(d)
A description of the business or activity to be conducted which shall
include the following:
(1)
A statement of the nature, character and quality of the goods,
wares or merchandise to be sold or offered for sale by applicant in
the City of Milford and any particulars relating to the merchandise
and its sale as may be required.
(2)
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers, including
copies of same.
(e)
If employed, the name, address and telephone number of the employer,
or if acting as agent, the name, address and telephone number of the
person or persons having the management or supervision of the applicant's
business during the time that it is proposed that it will be carried
on in the City of Milford; the local and permanent address or addresses
of any employees of such business; the capacity in which such person
or persons will act (that is, whether as proprietor, agent or otherwise);
the name and address of the person, firm or corporation for whose
account the business will be carried on, if any; and if a corporation,
under the laws of what state the same is incorporated; and credentials
from the person, firm or corporation for which the applicant proposes
to do business, authorizing the applicant to act as such representative.
(f)
The length of time for which the right to vend, peddle or solicit
is desired and the place or places in the City of Milford where it
is proposed to carry on the applicant's business.
(g)
Two photographs of the applicant, taken within 60 days immediately
prior to the date of filing of the application, measuring two inches
by two inches, and showing the head and shoulders of the applicant
in a clear and distinguishing manner.
(h)
The fingerprints of the person or persons having the management or
supervision of applicant's business or, in lieu thereof, at least
three letters of recommendation from reliable property owners in the
State of Connecticut, certifying as to the applicant's good character
and business responsibility, or other evidence which establishes to
the satisfaction of the Chief of Police the good character and business
responsibility of such person or persons. In all cases where the size
of the event exceeds 10 or more vendors or where weapons of any kind
will be exhibited or where facts and circumstances otherwise so warrant,
fingerprints in addition to written recommendations shall be required.
(i)
A statement as to whether or not the applicant and the person or
persons having the management or supervision of the applicant or any
employee thereof have been convicted of any criminal offense, whether
felony or misdemeanor, other than minor traffic violations. As to
any such offense, the date and place of conviction, the nature of
the offense, and the punishment or penalty imposed must be provided.
(j)
The place or places, other than the permanent place of business of
the applicant, where the applicant within the six months preceding
the date of said application conducted a transient business, stating
the nature thereof and giving the post office and street address of
any building or office in which such business was conducted.
(k)
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. The licensing requirements hereunder shall not be
construed to waive any other licensing or permit requirements under
federal, state or local laws.
(l)
For a managing itinerant vendor license, the applicant shall, in
addition to the information required above, produce the following
information, statements and identification relating to all itinerant
vendors under his control and responsibility for the event applied
for in a form and manner satisfactory to the Chief of Police to ensure
adequate protection and safety of the public:
(1)
A statement acknowledging that the managing itinerant vendor
shall be responsible for the conduct of vendors under his or her control
to ensure they conduct themselves in a peaceable, orderly and lawful
manner.
(2)
A list of participating itinerant vendors including the full
name of each itinerant vendor, date of birth, home address, work address,
Social Security number, items to be sold. Such list shall not be subject
to change without the express written permission of the Chief of Police
after seven days prior to the commencement of the show or event scheduled.
Said list shall be maintained by the managing itinerant vendor for
a period of not less than one year after the show or event licensed
and shall be made available to the Milford Police Department upon
10 days' written notice. The managing itinerant vendor shall also
supply information to any police officer, purchaser, or prospective
purchaser information which would assist in a complaint or investigation
in connection with an itinerant vendor under his care and responsibility.
(3)
A statement acknowledging that it shall be the duty of the managing
itinerant vendor to ensure that itinerant vendors under his or her
care and responsibility shall have valid food and health permits if
applicable.
[Ord. of 3-4-1996]
(a)
Upon receipt of an application, the original shall be referred to
the Chief of Police, who shall cause such investigation of the applicant's
business and moral character to be made as he deems necessary for
the protection of the public good.
(b)
If as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, and/or will
endanger the public health, safety or general welfare, the Chief of
Police shall endorse on such application his disapproval and his reasons,
and return said application to the license bureau, which shall notify
the applicant that his application is disapproved and that no permit
and license will be issued. In the case of an application for a managing
itinerant vendor license, identification of an unsatisfactory itinerant
vendor working under his direction shall be grounds for denial of
a license of the managing itinerant vendor. A notice of disapproval
shall be mailed to the applicant at the address shown on the application.
(c)
If as a result of investigation the character and business responsibility
of the applicant are found to be satisfactory (and, in the case of
a managing itinerant vendor the character and business responsibility
of the itinerant vendors who will be working under his supervision
and control are found to be satisfactory), the Chief of Police shall
endorse on the application his approval, execute a permit addressed
to the applicant for the carrying on of the business applied to the
applicant for the carrying of the business applied for and return
said permit, along with the application to the license bureau, which
shall, upon payment of the prescribed license fee, deliver to the
applicant his permit and issue a license. Such license shall contain
the signature of the issuing officer and shall show the name, address
and photograph of said licensee, the type of license issued and the
kind of goods to be sold thereunder, the amount of fee paid, the date
of issuance and the length of time the same shall be operative, as
well as the license number and other identifying description of any
vehicle used in such activity. The Department shall keep a permanent
record of all licenses issued.
[Ord. of 3-4-1996]
No more than one individual person shall engage in business or operate under the same license under this article whether as principal or agent or as an assistant to any principal or agent. However, in instances where spouses are working as itinerant vendors or under a managing itinerant vendor, both spouses may operate under the same license and fee, provided the license has been issued in the name of both spouses upon review of complete license applications by both spouses and approval of same per Sections 17-11 and 17-12.
[Ord. of 3-4-1996; Ord. of 12-2-1996]
(a)
In the case of all licenses required under this section, except as
otherwise provided herein, the application and license fee which shall
be charged for such license shall be established annually by the Board
of Police Commissioners.
(b)
The annual license fees so provided shall be assessed on January
1 of each year, and on or after July first the amount of such fee
for annual license shall be 1/2 the amount stipulated above for the
remainder of the year.
(c)
In the case of the managing itinerant vendor licenses, the fee for
one year shall be $250. In addition there shall be a per-show fee
of $50. However, in lieu of paying the additional per-show fee, a
managing itinerant vendor may purchase a yearly per-show license at
a cost of $500. Further, there shall be a registration fee of $10
for each itinerant vendor working under a managing itinerant license
or a yearly fee of $30, as provided below. The ten-dollar fee is for
each event or show. A “show or event” is defined to mean
an occurrence taking place over three consecutive days or less.
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Alternatively, the itinerant vendor, at his option, or the managing
itinerant vendor on his behalf, may purchase a yearly license under
this section for $30 and there shall be no additional registration
fee to the managing itinerant vendors on behalf of itinerant vendors
who possess a current and valid yearly license. It is the responsibility
of the managing itinerant vendor to remit the registration fee payment
to the Police Department for the number of vendors under his control
and responsibility for whom a per show fee is due and owing.
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[Ord. of 3-4-1996]
Licensing and applications for charitable, nonprofit and religious
organizations utilizing City property shall occur on a per-event basis
with the managing itinerant vendor acting as agent for the organization,
provided the applicant shall furnish proof of qualification pursuant
to tax exempt statutes. The managing itinerant vendor licensing fee
for such organizations shall remain at $100 per event with a fee of
$5 per each itinerant vendor working under a managing itinerant vendor
license. All other provisions of this chapter shall apply to such
events and such managing itinerant vendor.
[Ord. of 3-4-1996]
(a)
Every applicant for a managing itinerant vendor who does not qualify
for a state sales tax exemption shall file with the license bureau
a surety bond, running to the City in the amount of $10,000 with surety
acceptable to and approved by the Chief of Police, conditioned that
the said applicant shall comply fully with all the provisions of the
ordinances of the City of Milford and the statutes of the State of
Connecticut, regulating and concerning the licensed business or activity
and guaranteeing to any citizen of the City of Milford that all money
paid as a down payment will be accounted for and applied according
to the representations of the solicitor and further guaranteeing to
any citizen of the City of Milford doing business with said licensee,
that the property purchased will be delivered according to the representations
of said licensee. Action on such bond may be brought in the name of
the City to the use or benefit of the aggrieved person.
(b)
Where the activity, show or event is to occur on City of Milford
property, every applicant shall be required liability insurance and
an indemnity agreement in favor of the City of Milford in such form
and amount as shall be approved by the City Attorney in proportion
to the size, scope, duration and other particulars of the event scheduled.
[Ord. of 3-4-1996]
At the same time the license is issued, the Milford Police Department
shall issue to each licensee a badge, which shall be worn by the licensee
in such a way as to be conspicuous at all times while the licensee
is conducting business in the City. The badge shall bear the appropriate
words, "Licensed Peddler", "Solicitor", "Itinerant Vendor" or "Managing
Itinerant Vendor", the period for which the license is issued, and
the number of the license, in clearly discernible letters and figures.
[Ord. of 3-4-1996]
Every person required to be licensed under the provisions of
this chapter shall exhibit his or her license when requested to do
so by any prospective customer or Public Safety Department employee.
[Ord. of 3-4-1996]
It is unlawful for any person other than the licensee to use or wear any license or badge issued under the provisions of this chapter except as provided in Section 17-13.
[Ord. of 3-4-1996]
It is unlawful for any person, while conducting the business
of peddler or solicitor, whether licensed or unlicensed, to enter
upon any residential premises in the City 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.
