[HISTORY: Adopted by the Town Meeting of the Town of Easton 9-15-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm or corporation, whether principal or agent,
who or which goes from place to place within the Town of Easton selling,
vending, or bartering any food, goods, wares, or merchandise on foot,
from house to house, at organized events, or from any vehicle.
Any person, firm or corporation, whether principal or agent,
who or which solicits orders for the sale of food, goods, wares, or
merchandise for future delivery or for services to be performed in
the future. This definition also includes any person, firm or corporation,
whether principal or agent, who or which without invitation goes upon
private property to request contribution of funds or anything of value
or to sell goods or services for political, charitable, religious,
or other noncommercial purposes.
A.
It shall be unlawful for any person, firm or corporation to carry
on the business of peddling or soliciting in the Town of Easton without
having first applied for and received from the Chief of Police a permit
to do so.
B.
The permit shall expire 90 days from the date issued, unless an earlier
expiration date is noted on the permit.
C.
The permit shall be nontransferable.
Any person, firm or corporation desiring such a permit shall
apply for one in writing to the Chief of Police, or his or her agent,
on forms provided by the Town.
A.
Such application shall:
(1)
State the name and home and business address of the applicant;
(2)
State the name and address of the person, firm or corporation by
whom or by which employed;
(3)
Provide a general physical description of the person, including weight,
height, and color of hair and eyes;
(4)
Provide a brief description of the food, goods, wares, merchandise
or services to be offered by the applicant;
(5)
Recite the specific dates, not to exceed 90 days, in which the applicant
intends to sell, vend, barter or solicit orders in the Town;
(6)
Provide the applicant's state or federal tax identification
number; and
(7)
List all convictions, if any, of the applicant upon any criminal
charge.
B.
The applicant shall submit:
(1)
When applicable, a copy of a valid Heath Department certificate enforceable
for the same period of time as the requested permit;
(2)
When applicable, a copy of a certificate from the State Sealer of
Weights and Measures indicating that all weights and measures used
by the applicant in his or her business have been approved and stamped;
(3)
The application fee in the amount described in this chapter;
(4)
If the applicant or his or her employer is from out of state, a certificate
of good standing from the Secretary of the State providing that the
firm or corporation is qualified to conduct business in the State
of Connecticut; and
(5)
Identifying information for the motor vehicle, including a copy of
the registration thereof, if any, to be used by the applicant.
C.
Each applicant shall be fingerprinted and photographed, and any such
fingerprints may, in the discretion of the Chief of Police, be sent
to the Federal Bureau of Investigation and to the Connecticut State
Police Investigation Department for further investigation.
D.
The signature on the application shall be witnessed by the Chief
of Police, or his or her agent.
E.
The Chief of Police, or his or her agent, shall issue the permit
within 15 days from the date a completed application is received by
the Town.
(1)
If the Chief of Police finds the application to be in order, he or
she shall endorse his or her approval on the application and shall
deliver the required permit to the applicant.
(2)
The permit shall show the name, address and photograph of the permittee,
the date of issuance, the date of expiration, and an identifying description
of any vehicle to be used in carrying on the business for which the
permit is issued.
F.
The Chief of Police, or his or her agent, may deny the application
for any of the following reasons:
(1)
The location or time of the peddling and soliciting would endanger
the public safety and welfare;
(2)
Investigation of the application reveals that false information has
been provided;
(3)
There is no proof as to the authority of the applicant to serve as
an agent of the principal;
(4)
The applicant has been denied a permit pursuant to this chapter within
the past year, unless the applicant can establish to the satisfaction
of the Chief of Police that the reasons for the denial no longer exist;
or
(5)
The applicant has been convicted within the immediately preceding
five years for a crime involving fraud, deceit, or misrepresentation.
No person shall carry on the business of a peddler or solicitor
within the Town of Easton between sunset and 9:00 a.m.
A.
The fee for each application submitted shall be $50 or such other
amount as may be established by the Board of Police Commissioners
from time to time.
Such permit shall be carried at all times by the permittee when
peddling or soliciting in the Town and shall be exhibited by a permittee
whenever he or she shall be requested so to do by any police officer
or any purchaser or prospective purchaser.
All peddlers and solicitors shall give a written receipt for
all orders taken within the Town, which receipt shall be signed and
dated by the peddler or solicitor and shall set forth a brief description
of the food, goods, wares, merchandise or services sold, the total
purchase price thereof, and the amount of any payment received by
the peddler or solicitor from the purchaser.
A.
Any such permit may be revoked by the Chief of Police after reasonable
investigation for any of the following causes:
(1)
Violations by the permittee of any of the ordinances of the Town
or any state or federal law;
(2)
Fraud, misrepresentation, or false statement contained in the application
for a permit;
(3)
Fraud, misrepresentation, or false statement by the permittee in
the course of conducting peddling or solicitation activities;
(4)
Conviction of the permittee for any crime involving moral turpitude;
(5)
Soliciting orders 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;
(6)
Peddling any articles of food, goods, wares, or merchandise from
a permanent, temporary, or stationary stand, tent, vehicle or cart
within the right-of-way of any Town or state road or highway; or
B.
Notice of revocation shall be given in writing, specifically setting
forth the effective date of the revocation and the grounds for revocation.
Such notice shall be mailed, postage prepaid, to the permittee at
his or her address as given in his or her application for a permit
or as subsequently updated by the permittee.
C.
The permittee may appeal the decision to revoke to the Board of Selectmen
by providing a written notice of appeal to the office of the First
Selectman within 10 days of the date of mailing of the notice of revocation.
The Board of Selectmen shall hear the complaint within 20 days from
receipt of the appeal and shall issue a decision within five days
thereafter. Notice of the date, time and place of the hearing shall
be mailed to the permittee at the address given in his or her application
or such updated address as may have been provided. The decision of
the Board of Selectmen shall be final and binding on all parties.
The provisions of this chapter shall not apply to:
A.
Sales by farmers or gardeners of the produce of their farms and gardens.
B.
Peddlers or solicitors making visits upon invitation of the homeowner.
C.
Peddlers or solicitors making regular visits to serve business establishments.
D.
Pupils in the Easton or Joel Barlow public school system peddling
or soliciting in connection with a fund-raising project approved by
the local or regional board of education or school principal or a
parent-teacher organization of the local or regional public school
system.
E.
Participants in fund-raising events sponsored by local charitable,
athletic, civic or religious nonprofit organizations.
F.
Any solicitation made upon the premises owned or occupied by an organization
upon whose behalf the solicitation is made.
G.
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction thereof, be fined $100 for
each offense. Every day upon which such violation shall occur or upon
which such violation shall continue shall constitute a separate offense.
