The following words, terms, and phrases, and their derivations,
when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicated a different
meaning:
CHARITABLE
Includes the words patriotic, philanthropic, social service,
health, welfare, benevolent, educational, civic, cultural or fraternal.
Provided the primary purpose of said agency is the promotion of the
public good on a nonprofit basis. The existence of an exemption from
federal taxation under Section 501 of the Internal Revenue Code as
it may be amended from time to time shall be definitive proof of a
charitable intent. Likewise, local affiliates of nationally recognized
charitable or benevolent entities such as Boy Scouts, Girl Scouts,
4-H and the like shall also be within this definition.
CONTRIBUTIONS
Includes the words alms, money, subscription, property or
any donations under the guise of a loan of money or property.
DEPARTMENT
For any solicitation, peddling or vending to take place within
the Special Services District, the Putnam Police Department, and with
regard to any solicitation, peddling or vending taking place exclusively
outside the limits of the Putnam Special Services District, the Connecticut
State Police, Troop D.
DIRECTOR OF PUBLIC SAFETY
The Chief of Police for any solicitation or peddling taking
place within the Special Services District and the Mayor, or the designee
of the Mayor, for any solicitation, peddling or vending taking place
in the Town of Putnam outside of the Special Services District.
FOOD VENDORS
Anyone who offers for sale to the general public, either
from a vehicle, cart stand or otherwise, food items for immediate
consumption shall be considered as a food vendor and subject to the
provisions of this chapter.
PEDDLER
Any person who goes upon the premises of any private residence
in the Town, or upon the public street, or upon any state highway
or any land abutting such streets or highways, 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 the
scheme to evade the provisions of this chapter.
PEDDLING
Includes all activities ordinarily performed by a peddler
as indicated under paragraph (f) of this Article.
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 paragraph (h) of this Article.
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, or upon the public street or upon any
state highway or any land abutting such streets or highways to request
contribution of funds or anything of value, or sell goods or services
for political, charitable, religious, or other noncommercial purposes.
TOWN CLERK
The Town Clerk of the Town of Putnam or her assistant.
VENDOR
A peddler with a fixed location.
Every person subject to the provisions of this chapter shall
file with the Town Clerk, who shall promptly transmit to the Director
of Public Safety, an application in writing on a form to be furnished
by the Department, which shall include the following information and
such other information as the Department deems pertinent and necessary
to process the application:
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, solicit or
vend 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;
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; and
H. Proof of insurance coverage for comprehensive general liability insurance
with a minimum coverage of $1,000,000 per occurrence and $2,000,000
aggregates for personal injury and property damage combined, automobile
liability insurance for owned, nonowned and hired vehicles, with limits
of at least $1,000,000 per occurrence, and $2,000,000 in the aggregate
annually for bodily injury and property damage combined. Such general
liability shall name the Town of Putnam as an additional named insured
and shall include a provision prohibiting cancellation of said policy
except upon 30 days' prior written notice to the Town. Certificates
of coverage as required by this subsection shall be delivered to the
Town before issuance of a license. The required coverage limits may
be adjusted as required by the Town's insurance carrier.
All permits issued under the provisions of this chapter shall
expire on December 31 of the year of issue.
At the same time the permit is issued, the Department, for activities
located within the Special Services District, and the Mayor's
Office, for those activities located exclusively outside the Special
Services District, 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 Department employee.
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.
No person, while conducting the activities of a peddler, solicitor
or vendor, whether licensed or unlicensed, shall engage in any activity
regulated by this chapter between the hours of 11:00 p.m. and 9:00
a.m. in any public area. No person, while conducting such activities
as referred to in this chapter, whether licensed or unlicensed, shall
engage in any activity regulated by this chapter on residential property
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 Director of Public Safety, 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, solicitation or vending activities contrary
to the provisions contained in the permit;
D. Conviction for any crime involving moral turpitude; or
E. Conducting peddling, solicitation or vending activities in such a
manner as to create a public nuisance, constitute a breach of 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 to 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 Director of Public Safety the statute or other legal authority
under which exemption is claimed and shall present to the Director
proof of qualification for such exemption.
The provisions of this chapter are declared to be severable.
If any section, sentence, clause or phrase of the chapter shall for
any reason be held to be invalid or unconstitutional by a court of
competent jurisdiction, such decisions shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this
chapter but they shall remain in effect; it being the legislative
intent that this chapter shall remain in effect notwithstanding the
validity of any part.