[HISTORY: Adopted by the Town of Putnam 8-17-2009 STM; amended
in its entirety 8-14-2017 STM.
Subsequent amendments noted where applicable.]
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:
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.
Includes the words alms, money, subscription, property or
any donations under the guise of a loan of money or property.
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.
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.
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.
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.
Includes all activities ordinarily performed by a peddler
as indicated under paragraph (f) of this Article.[1]
A natural person or any firm, corporation, association, club,
society or other organization.
Includes all activities ordinarily performed by a solicitor
as indicated under paragraph (h) of this Article.[2]
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.
The Town Clerk of the Town of Putnam or her assistant.
A peddler with a fixed location.
A.
It shall be unlawful for any person to engage in peddling, solicitation
or vending activities including food vending within the Town of Putnam
without first obtaining a permit issued by the Town Clerk of the Town
of Putnam; provided, however, that the following are exempted from
the provisions of this chapter.
(1)
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
(2)
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation;
(3)
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable event;
(4)
Any solicitation for the relief of any individual specified by name
at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to
the named beneficiary;
(5)
Any entity specifically invited by and permitted for a specific Town
sponsored/partnered event, including but not limited to, food vendors
at the Kennedy Drive Farmers' Market, the Car Cruise, the Craft
Fair, First Fridays, etc.
B.
The following entities are exempt from fees and background checks
but not exempt from the duty to register.
A.
Any person engaged in peddling, solicitation or vending under the
age of 16 shall, in addition to all other requirements set forth in
this chapter, observe all of the following requirements:
(1)
A permit shall be obtained by a sponsoring person, company or organization
for the conduct of any peddling, solicitation or vending activities
involving, in whole or in part, a sales force of one or more persons
under 16 years of age.
(2)
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling under the
sponsor's permit.
(3)
The sponsor shall provide to each individual in its sales force a
badge or other easily readable form of identification which identifies
the name of the sponsor and the name of the individual. The sponsor
shall require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
peddling, soliciting or vending.
B.
Any solicitation by juveniles under the age of 16 for a nationally
recognized nonprofit or on behalf of a public or private school shall
be exempt from the provisions of this chapter.
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.
A.
At the time the application is filed with the Town Clerk, each applicant
shall pay a fee to cover the cost to the Town of processing each application
and investigating the facts stated therein in the amount of $50 payable
to the Putnam Police Department.
B.
The applicant, after being notified by the Board that the application
has been approved, shall pay a license fee in the amount of $200 for
each solicitor, peddler or vendor. Payment shall be payable to the
Town of Putnam.
A.
Upon receipt of an application, the Town Clerk shall transmit the
application to the Director of Public Safety, or authorized representative,
who shall review the application as deemed necessary to ensure the
protection of the public health, safety and general welfare.
B.
If the Director finds the application to be satisfactory, the Director
shall endorse his approval of the application and return it to the
Town Clerk, who shall notify the applicant that upon payment of the
prescribed fee, the required permit is available to the applicant
at the Town Clerk's office.
C.
The permit shall show the name, address and photograph of the permittee,
the class of permit issued, the kinds of goods or services to be sold
or delivered, the date of issuance, and the length of time that the
permit shall be in effect. The permit shall also show the permit number
and identifying description of any vehicle to be used in carrying
on the business for which the permit is issued.
D.
A record of all permits issued shall be maintained by the Town Clerk
for a period of two years.
E.
All applications shall be submitted with all required supporting
data and fees at least 30 business days prior to the proposed date
of issuance of the permit.
A.
Upon the recommendation of the Director of Public Safety following
their review of the application, the Town Clerk may refuse a permit
to the applicant under this chapter for any of the following reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers, vendors, or their
customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony misdemeanor or violation
involving a sex offense, trafficking in controlled substances, or
any violent acts against persons or property, such conviction being
entered within the five years preceding the date of application;
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of the application;
(5)
There is no proof as to the authority of the application to serve
as an agent to the principal; or
(6)
The applicant has been denied a permit under this chapter within
the immediate past year, unless the applicant can and does show to
the satisfaction of the Director that the reasons for such earlier
denial no longer exist.
B.
The Director's disapproval and the reasons for disapproval shall
be noted on the application, and the applicant shall be notified that
his application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form, or at the applicant's last known address.
All permits issued under the provisions of this chapter shall
expire on December 31 of the year of issue.
A.
This chapter shall designate the location where vending will be allowed
in the Simonzi Park parking lot located off Kennedy Drive. There will
be three designated parking spaces marked with "Vendor Only" parking
signs. No more than three vendors will be allowed in the designated
area.
B.
The Town shall maintain and make available for public inspection
during regular business hours a complete list of all permitted vending
locations as designated by this policy.
C.
Applicants filing between January 1 and March 31 will be chosen through
a lottery system. On April 1 and thereafter, applicants will be chosen
on a first come, first served basis.
A.
Licensed vendors must ensure that stands: are placed on the public
rights-of-way; be maintained in a neat, clean and orderly fashion,
and does not interfere with anyone using the parking lot for its normal
business; have advertising and other signage limited to the name of
the stand or items sold and listing of items sold and price, as outlined
in the Zoning Regulations; be readily movable by vendor; cannot be
attached to any property or affixed to the parking lot, and does not
do any damage to the parking lot or any other municipally owned property.
B.
For stands from which are sold prepared food, produce, flowers, or
any other item or items which the Town designates as generating trash,
provide, within the vendor's allotted space or above the area
occupied by a trailer hitch, at least a twenty-gallon-capacity trash
storage area.
C.
Licensees are responsible for maintaining the sidewalk and parking
area within 15 feet of their stands clean of all trash generated by
their vending operations.
D.
Licensee must take with them at the end of each day all trash, litter,
garbage and refuse generated by their vending operations. No licensee
may place or deposit any trash litter, garbage or refuse generated
by his licensed operations on the sidewalk or parking area, in any
public receptacle, or on any private property without the express
permission of the property owner.
E.
Stands from which food or beverages are sold must also be in compliance
with all applicable provisions of the Health and Fire Codes.
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.
A.
Any person aggrieved by the action or decision of the Town Clerk
to deny, suspend or revoke a permit applied for under the provisions
of this chapter shall have the right to appeal such action or decision
to a hearing officer designated by the Board of Selectmen, said appeal
to be taken within 15 days after the notice of the action or decision
has been mailed to the person's address as shown on the permit
application form, or his last known address.
B.
An appeal shall be taken by filing with the Town Clerk a written
statement setting forth the grounds for the appeal.
C.
The Town Clerk shall transmit the written statement to the Office
of the Mayor within five days of its receipt and the Mayor shall set
a time and place for a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from the date of receipt
of the appellant's written statement by the Mayor.
E.
Notice of the time and place of the hearing shall be given to the
appellant in the same manner as provided for the mailing of notice
of action or decision.
F.
The decision of the hearing officer on the appeal shall be final
and binding on all parties concerned.
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.
A.
Violation of any of the provision of this chapter shall be treated
as a violation. The first violation of this chapter shall be punished
by a fine of $200, and each subsequent violation shall be punished
by a fine of $250. Each day of violation shall be deemed a separate
offense.
B.
Violations may also result in a license suspension of up to 30 days
or license revocation. Licenses may be revoked if any fine is not
paid within 10 days of imposition by a final order from which all
appeals have been exhausted. An order of the Board of Selectmen revoking
a license shall also specify when the licensee may reapply for a license,
which shall be not less than 90 days nor more than one year from the
date of revocation.
C.
All fines are payable to the Town of Putnam.
D.
In addition to any criminal enforcement, the Town or any individual
may pursue any available civil remedies deemed appropriate and necessary.
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.
